Paralegal Certification PrepLitigationEasy
A paralegal is preparing for a criminal trial where the defendant is accused of felony theft. During jury selection, one potential juror expresses a strong belief that anyone accused of a crime is probably guilty, stating, 'Where there's smoke, there's fire.' The defense attorney is concerned this juror cannot be impartial. What type of challenge should the defense attorney use to remove this juror?
- APeremptory Challenge
- BChallenge for Cause
- CMotion in Limine
- DMotion for Change of Venue
Show answer & explanationAnswer & explanation
Correct answer: B. Challenge for Cause
A Challenge for Cause is used when a juror's impartiality can be demonstrated, such as through expressed bias or inability to follow the law. The juror's statement indicates a clear bias against the presumption of innocence, making them unsuitable.
Why the other options are wrong
- A. A peremptory challenge removes a juror without stating a reason, but typically is limited in number and not used when there is clear bias.
- C. A motion in limine is a pretrial motion to exclude certain evidence or testimony, not to remove a juror.
- D. A motion for change of venue requests moving the trial to a different location, not removing a specific juror.
Challenge for Cause
A request that a prospective juror be dismissed because there is a specific reason to believe the person cannot be fair, impartial, or is otherwise unqualified to serve.
- Requires a stated reason (e.g., bias, relationship to party).
- Unlimited in number, but must be approved by the judge.
- Aims to remove jurors who cannot follow the law or evidence impartially.
- Differs from peremptory challenges, which don't require a reason.
Memory trick: Challenge a juror: for cause, find a specific flaw; peremptory, just say 'no'.