Court Reporter Practice Exam

What is a characteristic of a peremptory challenge?

1. It must be justified by the attorney

2. It can be used without cause

3. It is always granted by the judge

4. It can only be used once

The correct answer is: It can be used without cause

A peremptory challenge allows an attorney to reject a potential juror without providing a justification or cause. This characteristic is fundamental to the nature of peremptory challenges, as they are designed to give attorneys a degree of discretion during jury selection to help ensure a fair and impartial jury. Attorneys often use these challenges to remove jurors they feel may be biased or unsympathetic to their case, even if there is no specific reason or evidence to support that belief. This stands in contrast to other types of challenges, such as challenges for cause, which require a specific reason to be provided to the judge for a juror's dismissal. By not requiring justification, peremptory challenges enable lawyers to shape the jury according to their strategic preferences, fostering an environment where each party can attempt to secure a more favorable judgment in court.