peremptory challenge

peremptory challenge

One of a party’s limited number of challenges that do not need to be supported by a reason unless the opposing party makes a prima facie showing that the challenge was used to discriminate on the basis of race, ethnicity, or sex.

? At one time, a peremptory challenge could not be attacked and did not have to be ex-plained. But today if discrimination is charged, the party making the peremptory challenge must give a nondi-scriminatory reason for striking the juror. The court must consider several factors in deciding whether the proffered reason is merely a screen for illegal discrimination. Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712 (1986). ¡ª Often shortened to peremptory.

¡ª Also termed peremptory strike. See STRIKE(2); Batson challenge under CHALLENGE(1). [Cases: Jury 33(5.15), 134. C.J.S. Juries ¡ì¡ì 344, 421, 423¨C424, 439, 442¨C443, 445¨C446, 450¨C456, 460.]


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Carl, Chinese legal translator, specializes in translating legal documents pertaining to complex business disputes.