Legal Definitions - peremptory challenge

A peremptory challenge is a specific type of objection used during jury selection in a trial. It allows a lawyer to remove a potential juror from the jury pool without needing to provide a particular reason or explanation to the court. Each side in a legal case is given a limited number of these challenges. While generally no justification is required, a peremptory challenge cannot be used to exclude a juror based on their race, ethnicity, or sex.

• Example 1: Civil Personal Injury Case

  In a lawsuit concerning a car accident, the plaintiff's attorney notices a potential juror who works as a claims adjuster for a major insurance company. Although the juror states they can be fair and impartial during questioning, the attorney for the injured party feels uneasy, believing the juror's professional background might subtly influence their perspective towards the defense. The attorney uses one of their limited peremptory challenges to remove this individual from the jury pool without having to prove actual bias to the judge.

• Example 2: Criminal Theft Trial

  During jury selection for a trial involving a sophisticated theft, the defense attorney observes a potential juror who is a retired police detective. While the juror assures the court they can consider all evidence fairly, the defense attorney worries that the juror's extensive law enforcement background might make them inherently more inclined to trust police testimony or less sympathetic to the defendant. The attorney exercises a peremptory challenge to remove the former detective, not needing to articulate a specific legal "cause" for their removal beyond their professional judgment.

• Example 3: Business Contract Dispute

  In a complex case involving a breach of contract between two corporations, the attorney for the defendant company identifies a potential juror who, during preliminary questioning, expressed strong opinions about large corporations taking advantage of smaller businesses. Even though the juror claims they can set aside their personal views for this specific case, the defense attorney is concerned about a potential underlying bias. The attorney uses a peremptory challenge to remove this individual, relying on their allotted challenges rather than attempting to convince the judge that the juror is legally biased for cause.