peremptory

/parem(p)tariy/ Imperative; final; decisive; absolute; conclusive; positive; not admitting of question, delay, reconsideration or of any alternative. Self-determined; arbitrary; not requiring any cause to be shown. Wolfe v. State, 147 Tex.Cr.R. 62, 178 S.W.2d 274, 279.

As to peremptory defense

- peremptory jury instructions

- peremptory mandamus

- peremptory nonsuit

- peremptory plea

- peremptory writ, see those titles

@ peremptory challenge

The right to challenge a juror without assigning, or being required to assign, a reason for the challenge. In most jurisdictions each party to an action, both civil and criminal, has a specified number of such challenges and after using all his peremptory challenges he is required to furnish a reason for subsequent challenges. Fed.R.Crim.P. 24; 28 U.S.C.A. No. 1870 (civil cases).

+ peremptory challenge

A challenge to a juror at the time of impanelling for which no reason need be advanced; in most jurisdictions each party is entitled to a certain number of such challenges in addition to challenges for cause.

See e.g. Fed.R.Crim.P. 24

See also challenge

- jury challenge

peremptory challenge

A request from a party that a judge not allow a certain prospective juror to be a member of the jury. No reason or "cause" need be stated for this type of challenge. The number of peremptory challenges afforded each party is normally set by statute or court rule; e.g. Fed.R.Crim.P. 24; Fed.R. Civ.P. 47; 28 U.S.C.A. No. 1870

@ peremptory day

A day assigned for trial or hearing in court, absolutely and without further opportunity for postponement

@ peremptory exceptions

In the civil law, any defense which denies entirely the ground of action. Those exceptions which tend to the dismissal of the action

@ peremptory instruction

An instruction given by a court to a jury which the latter must obey implicitly; as an instruction to return a verdict for the defendant, or for the plaintiff, as the case may be.

See also mandatory instruction

- jury instruction

@ peremptory rule

In practice, an absolute rule; a rule without any condition or alternative of showing cause. Ruling made by a trial judge or hearing magistrate "on the spot" and without taking the matter under advisement

@ peremptory undertaking

In English law, an undertaking by a plaintiff to bring on a cause for trial at the next sittings or assizes

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