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Simple English definitions for legal terms
propter defectum
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A quick definition of propter defectum:
Propter defectum is a legal term that means a challenge based on the claim that a potential juror is not qualified to serve on any jury due to a reason such as being too young, not being a resident, or not being a citizen. It is one of several types of challenges that can be made during the jury selection process. Challenges are formal objections to the legality or qualifications of a person, action, or thing, and they are used to ensure that a fair and impartial jury is selected for a trial.
A more thorough explanation:
Definition: Propter defectum is a type of challenge in which a potential juror is claimed to be incompetent to serve on any jury due to a reason such as alienage, infancy, or nonresidency.
Example: During jury selection, the defense attorney made a propter defectum challenge against a potential juror who was not a resident of the state, claiming that they were not qualified to serve on any jury.
Explanation: In this example, the defense attorney is using a propter defectum challenge to argue that the potential juror is not qualified to serve on any jury due to their nonresidency. This type of challenge is based on a claim that the juror is incompetent to serve on any jury for a specific reason, and is different from other types of challenges that may be made during jury selection.