Motion in Limine and Jury Selection
What are the two types of challenges in jury selection?
- Challenge for cause - Peremptory Challenge
Motion in Limine
A motion that is filed before trial to: - prevent a matter from being presented to a jury, usually an evidentiary matter, and will be contested
Is a motion in limine used to prevent bad evidence?
No, but to prevent evidence that is inadmissible and prejudicial
Jury Selection
The process whereby, according to law and precedent, members of a trial jury are chosen. **Race CANNOT be a factor when selecting jurors - CAN ask about opinions on something
How many peremptory challenges does each side get?
Three per side
What if a juror is not dismissed at a challenge for cause?
Try a peremptory challenge
Challenge for cause
a challenge that says to the court there is something about this juror that is prejudicial Ex: a juror is a family member or neighbor Could also be a medical condition Ex: a condition that affects the jurors memory
peremptory challenge
the exclusion of a potential juror without the need for any reason or explanation - Use for almost any reason you want EXCEPT for discrimination based on race, ethnicity, religion, gender, etc.