CHALLENGE FOR CAUSE

2 definitions found across Law Mind sources

CHALLENGE FOR CAUSEmain
Black's Law Dictionary • 1891
A chal- lenge to a juror for which some cause or rea- son is alleged. Termes de la Ley; 4 Bl. Comm. 353. Thus distinguished from a peremptory challenge. A
CHALLENGE FOR CAUSEmain
Burrill's Law Dictionary • 1867
[L. Fr. pur cause.] A challenge for which some cause or reason is alleged. Termes de la Ley. 4 Bl. Com. 353. Thus distinguished from a peremptory challenge. is derived from the Latin appellare, to call is thirty-five in cases of treason, and twenty upon, to call by name. in cases of felony. 4 Bl. Com. 354. The practice of challenging jurors is Steph. Com. 424. Stat. 22 Hen. VIII. mentioned by Blackstone as answering to c. 14. Stat. 6 Geo. IV. c. 50, s. 29. the recusatio judicis, (rejection of a judex,) same numbers were adopted by the Act of in the civil and canon laws. Cod. 3. 1. 16. Congress, April 30, 1790, sec. 30. For the Decretal. lib. 2, tit. 28, c. 36. Mr. Spence provisions made by the laws of the differgoes further, and speaks of "the Roman ent states on this subject, see Wharton's right of challenge" as introduced into Eng-Am. Crim. Law, 602, 604. And see United land or confirmed at the Conquest. 1 States Digest, Jurors, I. Spence's Chancery, 106. There was a usage of the middle ages, however, which, from its connection with the old trial by peers, and the judicial combat, as well as its bearing upon the present popular sense of the term challenge, deserves a passing notice. This was the proceeding called an appeal of false judgment; by which a party dissatisfied with the judgment of a court was allowed to appeal the peers of whom the court was composed, that is, to challenge and fight them. Esprit des Lois, liv. 28, c. 27. Beaumanoir, c. 61, 67. Defontaines, ch. 21, 22, cited ibid. See Appeal of false judgment.

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