Legal Definitions - general challenge

A general challenge, also also known as a challenge for cause, is a formal objection raised by one of the parties in a lawsuit (either the prosecution/plaintiff or the defense) during the jury selection process. The purpose of a general challenge is to remove a potential juror who, for a specific and stated reason, is believed to be unable to serve impartially or fairly.

Unlike a peremptory challenge, which can be exercised without stating a reason (though not for discriminatory purposes), a general challenge requires the party to provide a valid legal basis for their objection. The judge must then agree that the potential juror is indeed biased or otherwise unsuitable to serve on the jury before the juror is excused.

Here are some examples illustrating a general challenge:

• Example 1: Pre-existing Bias Against a Type of Party
  During jury selection for a personal injury lawsuit involving a large corporation, a potential juror states during questioning that they had a very negative experience as an employee of a similar large company in the past, and they believe "all big corporations are dishonest and only care about profits."

  Explanation: This scenario illustrates a general challenge because the potential juror has expressed a strong, pre-existing bias against large corporations. This bias suggests they might not be able to fairly and impartially evaluate the evidence presented by the corporate defendant in the current case, regardless of its specific merits. The attorney for the corporation would likely raise a general challenge, arguing the juror cannot be impartial.

• Example 2: Close Relationship with a Key Figure in the Case
  In a criminal trial for assault, a potential juror reveals during voir dire (the jury selection questioning) that their next-door neighbor is the lead detective who investigated the case and is scheduled to be a key witness for the prosecution.

  Explanation: This is a clear instance for a general challenge. The close personal relationship between the potential juror and a crucial witness raises concerns about the juror's ability to objectively assess the witness's credibility and testimony. The defense attorney would argue that this relationship creates a risk of bias, making it difficult for the juror to remain impartial.

• Example 3: Inability to Understand or Follow Legal Instructions
  During jury selection for a complex intellectual property dispute, a potential juror repeatedly expresses confusion when the judge explains basic legal concepts like "burden of proof" and "preponderance of evidence." The juror admits, "I really don't think I can understand all these legal terms or remember the rules you're telling us to follow."

  Explanation: This scenario demonstrates a general challenge based on a potential juror's inability to fulfill the fundamental duties of a juror. A juror must be able to comprehend and apply the legal instructions provided by the judge to the facts of the case. If a juror genuinely cannot grasp these instructions, they cannot render a fair and legally sound verdict, making them unsuitable for service.