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challenge
(mass) | challenge
- výzva, vyzvať |
challenge
(encz) | challenge,námitka n: Zdeněk Brož |
challenge
(encz) | challenge,namítnout v: Zdeněk Brož |
challenge
(encz) | challenge,napadnout v: Zdeněk Brož |
challenge
(encz) | challenge,pochybovat v: Zdeněk Brož |
challenge
(encz) | challenge,těžký úkol Zdeněk Brož |
challenge
(encz) | challenge,vybídnutí n: Zdeněk Brož |
challenge
(encz) | challenge,vybízet v: Zdeněk Brož |
challenge
(encz) | challenge,výzva |
challenge
(encz) | challenge,vyzvání n: Zdeněk Brož |
challenge
(encz) | challenge,vyzvat v: Zdeněk Brož |
challenge
(encz) | challenge,vyzývat v: Zdeněk Brož |
Challenge
(gcide) | Challenge \Chal"lenge\, v. t. [imp. & p. p. Challenged; p. pr.
& vb. n. Challenging.] [OE. chalengen to accuse, claim, OF.
chalengier, chalongier, to claim, accuse, dispute, fr. L.
calumniar to attack with false accusations. See Challenge,
n., and cf. Calumniate.]
1. To call to a contest of any kind; to call to answer; to
defy.
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I challenge any man to make any pretense to power by
right of fatherhood. --Locke.
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2. To call, invite, or summon to answer for an offense by
personal combat.
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By this I challenge him to single fight. --Shak.
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3. To claim as due; to demand as a right.
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Challenge better terms. --Addison.
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4. To censure; to blame. [Obs.]
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He complained of the emperors . . . and challenged
them for that he had no greater revenues . . . from
them. --Holland.
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5. (Mil.) To question or demand the countersign from (one who
attempts to pass the lines); as, the sentinel challenged
us, with "Who comes there?"
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6. To take exception to; question; as, to challenge the
accuracy of a statement or of a quotation.
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7. (Law) To object to or take exception to, as to a juror, or
member of a court.
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8. To object to the reception of the vote of, as on the
ground that the person in not qualified as a voter. [U.
S.]
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To challenge to the array, favor, polls. See under
Challenge, n.
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Challenge
(gcide) | Challenge \Chal"lenge\, v. i.
To assert a right; to claim a place.
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Where nature doth with merit challenge. --Shak.
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Challenge
(gcide) | Challenge \Chal"lenge\, n. [OE. chalenge claim, accusation,
challenge, OF. chalenge, chalonge, claim, accusation,
contest, fr. L. calumnia false accusation, chicanery. See
Calumny.]
1. An invitation to engage in a contest or controversy of any
kind; a defiance; specifically, a summons to fight a duel;
also, the letter or message conveying the summons.
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A challenge to controversy. --Goldsmith.
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2. The act of a sentry in halting any one who appears at his
post, and demanding the countersign.
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3. A claim or demand. [Obs.]
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There must be no challenge of superiority.
--Collier.
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4. (Hunting) The opening and crying of hounds at first
finding the scent of their game.
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5. (Law) An exception to a juror or to a member of a court
martial, coupled with a demand that he should be held
incompetent to act; the claim of a party that a certain
person or persons shall not sit in trial upon him or his
cause. --Blackstone
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6. An exception to a person as not legally qualified to vote.
The challenge must be made when the ballot is offered. [U.
S.]
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Challenge to the array (Law), an exception to the whole
panel.
Challenge to the favor, the alleging a special cause, the
sufficiency of which is to be left to those whose duty and
office it is to decide upon it.
Challenge to the polls, an exception taken to any one or
more of the individual jurors returned.
Peremptory challenge, a privilege sometimes allowed to
defendants, of challenging a certain number of jurors
(fixed by statute in different States) without assigning
any cause.
Principal challenge, that which the law allows to be
sufficient if found to be true.
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challenge
(wn) | challenge
n 1: a demanding or stimulating situation; "they reacted
irrationally to the challenge of Russian power"
2: a call to engage in a contest or fight
3: questioning a statement and demanding an explanation; "his
challenge of the assumption that Japan is still our enemy"
4: a formal objection to the selection of a particular person as
a juror
5: a demand by a sentry for a password or identification
v 1: take exception to; "She challenged his claims" [syn:
challenge, dispute, gainsay]
2: issue a challenge to; "Fischer challenged Spassky to a match"
3: ask for identification; "The illegal immigrant was challenged
by the border guard"
4: raise a formal objection in a court of law [syn: challenge,
take exception] |
CHALLENGE
(bouvier) | CHALLENGE, practice. An exception made to jurors who are to pass on a trial;
to a judge; or to a sheriff.
2. It will be proper here to consider, 1. the several kinds of
challenges; 2. by whom they are to be made; 3. the time and manner of making
them.
3.-1. The several kinds of challenges may be divided into those which
are peremptory, and those which are for cause. 1. Peremptory challenges are
those 'which are made without assigning any reason, and which the court must
allow. The number of these which the prisoner was allowed at common law, in
all cases of felony, was thirty-five, or one under three full juries. This
is regulated by the local statutes of the different states, and the number
except in capital cases, has been probably reduced.
4.-2. Challenges for cause are to the array or to the polls. 1. A
challenge to the array is made on account of some defect in making the
return to the venire, and is at once an objection to all the jurors in the
panel. It is either a principal challenge, that is, one founded on some
manifest partiality, or error committed in selecting, depositing, drawing or
summoning the jurors, by not pursuing the directions of the acts of the
legislature; or a challenge for favor.
5.-2. A challenge to the polls is objection made separately to each
juror as he is about to be sworn. Challenges to the polls, like those to the
array, are either principal or to the favor.
6. First, principal challenges may be made on various grounds: 1st.
propter defectum, on account of some personal objection, as alienage,
infancy, old age, or the want of those qualifications required by
legislative enactment. 2d. Propter affectum, because of some presumed or
actual partiality in the juryman who is made the subject of the objection;
on this ground a juror may be objected to, if he is related to either within
the ninth degree, or is so connected by affinity; this is supposed to bias
the juror's mind, and is only a presumption of partiality. Coxe, 446; 6
Greenl. 307; 3 Day, 491. A juror who has conscientious scruples in finding a
verdict in a capital case, may be challenged. 1 Bald. 78. Much stronger is
the reason for this challenge, where the juryman has expressed his wishes as
to the result of the trial, or his opinion of the guilt or innocence of the
defendant. 4 Harg. St. Tr. 748; Hawk. b. 2, c. 43, s. 28; Bac. Ab. Juries, E
5. And the smallest degree of interest in the matter to be tried is a
decisive objection against a juror. 1 Bay, 229; 8 S. & R. 444; 2 Tyler, 401.
But see 5 Mass. 90. 3d. The third ground of principal challenge to the
polls, is propter delictum, or the legal incompetency of the juror on the
ground of infamy. The court, when satisfied from their own examination,
decide as to the principal challenges to the polls, without any further
investigation and there is no occasion for the appointment of triers. Co.
Litt. 157, b; Bac. Ab. Juries, E 12; 8 Watts. R. 304.
7.-Secondly. Challenges to the poll for favor may be made, when,
although the juror is not so evidently partial that his supposed bias will
be sufficient to authorize. a principal challenge, yet there are reasonable
grounds to suspect that he will act under some undue influence or prejudice.
The causes for such challenge are manifestly very numerous, and depend, on a
variety of circumstances. The fact to be ascertained is, whether the juryman
is altogether indifferent as he stands unsworn, because, even unconsciously
to himself, be may be swayed to one side. The line which separates the
causes for principal challenges, and for challenge to the favor, is not very
distinctly marked. That the juror has acted as godfather to the child of the
prosecutor or defendant, is cause for a principal challenge; Co. Litt. 157,
a; while the fact that the party and the juryman are fellow servants, and
that the latter has been entertained at the house of the former, is only
cause for challenge to the favor. Co. Litt. 147; Bac. Ab. Juries, E 5.
Challenges to the favor are not decided upon by the court, but are settled
by triers. (q.v.)
8.-2. The challenges may be made by the government, or those who
represent it, or by the defendant, in criminal cases; or they may be made by
either party in civil cases.
9.-3. As to the time of making the challenge, it is to be observed
that it is a general rule, that no challenge can be made either to the array
or to the polls, until a full jury have made their appearance, because if
that should be the case, the issue will remain pro defectu juratorum; and on
this account, the party who intends to challenge the array, may, under such
a contingency, pray a tales to complete the number, and then object to the
panel. The proper time, of challenging, is between the appearance and the
swearing of the jurors. The order of making challenges is to the array
first, and should not that be supported, then to the polls; challenging any
one juror, waives the right of challenging the array. Co. Litt. 158, a; Bac.
Ab. Juries, E 11. The proper manner of making the challenge, is to state all
the objections against the jurors at one time; and the party will not be
allowed to make a second objection to the same juror, when the first has
been overruled. But when a juror has been challenged on one side, and found
indifferent, he may still be challenged on the other. When the juror has
been challenged for cause, and been pronounced impartial, he may still be
challenged peremptorily. 6 T. R. 531; 4 Bl. Com. 356; Hawk. b. 2, c. 46, s.
10.
10. As to the mode of making the challenge, the rule is, that a
challenge to the array must be in writing; but when it is only to a single
individual, the words "I challenge him" are sufficient in a civil case, or
on the part of the defendant, in a criminal case when the challenge is made
for the prosecution, the attorney-general says, "We challenge him." 4 Harg.
St. Tr. 740 Tr. per Pais, 172; and see Cro. C. 105; 2 Lil. Entr. 472; 10
Wentw. 474; 1 Chit. Cr. Law, 533 to 551.
11. Interest forms the only ground at common law for challenging a
judge. It is no ground of challenge that he has given an opinion in the case
before. 4 Bin. 349; 2 Bin. 454. By statute, there are in some states several
other grounds of challenge. See Courts of the U. S., 633 64.
12. The sheriff may be challenged for favor as well as affinity. Co.
Litt. 158, a; 10 Serg. &. R. 336-7. And the challenge need not be made to
the court, but only to the prothonotary. Yet the Sheriff cannot be passed by
in the direction of process without cause, as he is the proper officer to
execute writs, except in case of partiality. Yet if process be directed to
the coroner without cause, it is not void. He cannot dispute the authority
of the court, but must execute it at his peril, and the misdirection is
aided by the statutes of amendment. 11 Serg. & R. 303.
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CHALLENGE
(bouvier) | CHALLENGE. This word has several significations. 1. It is an exception or
objection to a juror. 2. A call by one person upon another to a single
combat, which is said to be a challenge to fight.
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CHALLENGE
(bouvier) | CHALLENGE, criminal law. A request by one person to another, to fight a
duel.
2. It is a high offence at common law, and indictable, as tending to a
breach of the peace. It may be in writing or verbally. Vide Hawk. P. C. b.
1, c. 63, s. 3; 6 East, R. 464; 8 East, R. 581; 1 Dana, R. 524; 1 South.. R.
40; 3 Wheel. Cr. C. 245 3 Rogers' Rec. 133; 2 M'Cord, R. 334 1 Hawks. R.
487; 1 Const. R. 107. He who carries a challenge is also punishable by
indictment. In most of the states, this barbarous practice is punishable by
special laws.
3. In most of the civilized nations challenging another to fight. is a
crime, as calculated to destroy the public peace; and those who partake in
the offence are generally liable to punishment. In Spain it is punished by
loss of offices, rents, and horrors received from the king, and the
delinquent is incapable to hold them in future. Aso & Man. Inst. B. 2, t.
19, c. 2, Sec. 6. See, generally, 6 J. J. Marsh. 120; 1 Munf. 468; 1 Russ.
on Cr. 275; 6 J. J. Marsh. 1 19; Coust. Rep. 10 7; Joy on Chal. passim.
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