CHALLENGE - Black's Law Dictionary

v. To object or except to; to prefer objections to a person, right, or instrument; to formally call into question the capability of a person for a particular function, or the existence of a right claimed, or the sufficiency or validity of an instrument; to call or put in question; to put into dispute; to render doubtful.

n. A request by one person to another to fight a duel. Ivey v. State, 12 Ala. 276; Hawk.P1.Cr. b. 1, c. 3, § 3; State v. Farrier, 8 N.C.
487; 2 Bish.Cr.Law, § 312.

An objection or exception.
The objection or exception may be:

1. Against a person who presents himself at the polls as a voter, in order that his right to cast a ballot may be inquired into.
2. Against legal documents, as a declaration, count, or writ. But this use of the word is now obsolescent. See, however, Adkins v. Wayne County Court, 94 W.Va. 460,119 S.E. 284, 285.
3. Taken to the personal qualification of a judge or magistrate about to preside at the trial of a cause; as on account of personal interest, his having been of counsel, bias, etc. See Bank of North America v. Fitzsimons, 2 Binn., Pa., 454; Pearce v. Affieck, 4 id. 349.
4. Taken to the jurors summoned and returned for the trial of a cause, People v. Travers, 88 Cal. 233, 26 P. 88. See 2 Poll. & Maitl. 619, 646; Co.Litt. 155b.

Challenge for Cause
A challenge to a juror for which some cause or reason is alleged. Termes de la Ley; Bl.Comm. 353. Thus distinguished from a peremptory challenge. Turner v. State,
114 Ga. 421, 40 S.E. 308; Cr. Code N. Y. § 374.

Challenge Propter Affectum
A challenge on account of bias or partiality or prejudice. State v. Sawtelle, 66 N.H. 488, 32 A. 831.

Challenge Propter Defectum
A challenge on account of some legal disqualification, such as infancy or alienage.

Challenge Propter Delictum
A challenge on account of crime; that is, disqualification arising from the conviction of an infamous crime. Co.Litt. 155 b et seq.; State v. Levy, 187 N.C. 581, 122 S.E. 386, 389.

Challenge Propter Honoris Respectum
A challenge on account of party's social rank.

Challenge to the Array
An exception to the whole panel in which the jury are arrayed, or set in order by the sheriff in his return, upon account of partiality, or some default in the sheriff, coroner, or other officer who arrayed the panel or made the return. 3 BI.Comm. 359; Co.Litt. 155b; Moore v. Guano Co., 130 N.C. 229, 41 S.E. 293; Durrah v. State, 44 Miss. 789. A challenge to the form and manner of making up the panel. Cobb v. Atlanta Coach Co., 46 Ga.App. 633. 168 S.E. 126, 127. A challenge that goes to illegality of drawing, selecting, or impaneling array. Lake v. State, 100 Fla. 386, 129 So. 833, 834.

Challenge to the Favor
A challenge based on circumstances of suspicion, as acquaintance, and the like. 3 Bl.Comm. 363; 4 Bl.Comm. 353; State v. Sawtelle, 66 N.H. 488, 32 A. 831; Cobb v. Atlanta Coach Co., 46 Ga.App. 633, 168 S.E. 126, 127.

Challenge to the Panel
The same as a challenge to the array, supra. See Pen. Code Cal. § 1058; Pate v. State, 15 Okl.Cr. 90, 175 P. 122,

Challenge to the Poll
A challenge made to an individual juror. State v. Carlin°, 99 N.J.Law, 292, 122 A. 830, 831; Cobb v. Atlanta Coach Co., 46 Ga.App. 633, 168 S.E. 126, 127.

General Challenge
A species of challenge for cause, being an objection to a particular juror, to the effect that the juror is disqualified from serving in any case. Pen. Code Cal. § 1071.

Peremptory Challenge
In criminal practice. A species of challenge which the prosecution or the prisoner is allowed to have against a certain number of jurors, without assigning any cause. Lewis v. U. S., 146 U.S. 370, 13 S.Ct. 136, 36 L.Ed. 1011; Turpin v. state, 55 Md. 462; Leary v. Railway Co., 69 N.J.Law, 67, 54 A. 527.

Principal Challenge
A challenge of a juror for a cause which carries with it, prima facie, evident marks of suspicion either of malice or favor ; as that a juror is of kin to either party within the ninth degree; that he has an interest in the cause, etc. 3 B1.Comm. 363. A species of challenge to the array made on account of partiality or some default in the sheriff or his under officer who arrayed the panel. 4 Bla.Comm. 353; Co.Litt. 156 a, b. A challenge based on alleged facts from which, if proven to be true, incapacity to serve is conclusively presumed. Cobb v. Atlanta Coach Co., 46 Ga.App. 633, 168 S.E. 126, 127. A challenge for principal cause, Butler v. Greensboro Fire Ins. Co., 196 N.C. 203, 145 S.E. 3, 4.

More On This Topic :  CONCEALMENT OF  CAUSE OF  ACTION 

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