Certified Fraud Examiner 2025 – 400 Free Practice Questions to Pass the Exam

A peremptory challenge is a legal mechanism that allows an attorney to dismiss a potential juror without needing to provide a reason for the dismissal. This characteristic is significant because it gives attorneys a strategic tool to shape the jury according to their case's needs, allowing them to remove jurors they believe may be biased or unfavorable to their arguments based on intuition or previous experience.

While peremptory challenges can be exercised without cause, it's important to note that there are limits to this practice. For instance, peremptory challenges cannot be used to discriminate based on race or gender, as established by the Supreme Court in cases like Batson v. Kentucky. In contrast, challenges for cause require a demonstrable reason to believe that a juror may not be able to serve impartially, indicating why the second choice is incorrect.

The concept does not inherently apply only to civil cases, as it is utilized in both criminal and civil jury selections, which distinguishes it from the fourth choice. Finally, there is no heightened standard of proof required for peremptory challenges, meaning the third choice is also misaligned with the definition. The essence of a peremptory challenge is absolutely rooted in the ability to dismiss jurors without any obligation to explain why.