Paralegal Certification PrepLitigationMedium
A paralegal is compiling a list of potential jurors for an upcoming civil trial involving a complex medical malpractice claim. During the jury selection process (voir dire), the attorney wants to challenge a prospective juror who has explicitly stated a strong bias against doctors due to a past negative personal experience, making it highly unlikely they could be impartial. What type of challenge should the attorney use in this situation?
- AMotion for New Trial
- BPeremptory Challenge
- CChallenge for Cause
- DMotion for Recusal
Show answer & explanationAnswer & explanation
Correct answer: C. Challenge for Cause
A Challenge for Cause is used when a prospective juror demonstrates actual bias, prejudice, or an inability to be impartial. The attorney must provide a reason to the court, and if the judge agrees, the juror is excused.
Why the other options are wrong
- A. A Motion for New Trial is filed after a verdict, alleging errors in the trial process, not during jury selection.
- B. A Peremptory Challenge allows dismissal of a juror without stating a reason, but each side has a limited number, and it cannot be based on race or gender.
- D. A Motion for Recusal is used to disqualify a judge, not a juror, from a case.
Challenge for Cause
A request by an attorney in jury selection to remove a prospective juror for a specific, stated reason, such as bias, prejudice, or a clear inability to be impartial.
- Requires a specific reason (e.g., bias, conflict of interest)
- Unlimited in number, but must be approved by judge
- Aims to ensure impartial jury
Memory trick: Challenge CAUSE with reason, PERE-empt without.