MBE Rules · Civil Procedure
Jury Selection Challenges
28 U.S.C. §1870
The rule
Each civil side gets three peremptory challenges plus unlimited for-cause challenges; peremptories exercised on account of race or sex violate equal protection (Edmonson, J.E.B.).
In plain English
In civil cases, each party is allowed three peremptory challenges, which means they can dismiss potential jurors without giving a reason. However, if a party uses these challenges based on race or sex, it violates the Equal Protection Clause of the Constitution, as established in cases like Edmonson and J.E.B.
Worked example
In a civil trial, the plaintiff uses one of their peremptory challenges to dismiss a juror who is Hispanic, citing a gut feeling about the juror's potential bias. The defendant objects, claiming this violates the plaintiff's obligation to avoid discrimination. The court agrees and rules that the challenge is invalid, allowing the juror to remain.
Memory hook
Three strikes for peremptory, but no discrimination allowed!
The trap
Exams may present scenarios where a party's rationale for a peremptory challenge seems valid, but students must remember to consider whether it could be racially or sexually motivated. This can lead to confusion about when a challenge crosses the line.
How examiners test it
Questions often involve fact patterns where a party uses peremptory challenges, requiring candidates to identify potential equal protection violations based on the reasons given for the challenges.
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