Legal Definitions - peremptory

In legal terms, peremptory describes an action, command, or decision that is final, absolute, and conclusive, requiring no justification or explanation. It signifies something that must be accepted or obeyed without argument, debate, or further consideration.

Here are some examples to illustrate this concept:

• Jury Selection: During the process of selecting a jury for a trial, lawyers for both sides have a limited number of "peremptory challenges." If a lawyer uses a peremptory challenge to remove a potential juror, they do not need to provide a reason or justification to the court for doing so. The challenge is absolute and the juror is dismissed, provided the challenge is not used in a discriminatory manner (which is a separate legal restriction).

  This illustrates "peremptory" because the lawyer's decision to remove the juror is final and absolute, requiring no explanation or defense to the court, unlike a "challenge for cause" which requires a stated reason.

• Contractual Deadlines: Imagine a construction contract that states, "Time is of the essence, and the completion date of December 1st is a peremptory deadline." This means that the December 1st completion date is absolute and non-negotiable. If the contractor fails to meet this deadline, they will be in breach of contract, and the client can immediately pursue remedies without needing to prove further damage from the delay.

  Here, "peremptory" emphasizes that the deadline is final and cannot be extended or debated without severe consequences, making it an absolute requirement.