Challenge Propter Affectum is a legal term that refers to a challenge to a decision or judgement based on the emotional state or bias of the decision-maker. It is a type of challenge that can be raised in certain legal proceedings, such as in a trial or arbitration. The challenge is based on the argument that the decision-maker was influenced by their emotions or personal feelings, rather than by the facts and evidence presented in the case. If successful, the challenge can result in the decision or judgement being set aside or overturned.
Challenge Propter Affectum is a legal term that refers to a challenge of a juror based on a personal bias or prejudice that may affect their ability to render an impartial verdict.
Either party in a legal proceeding, such as the prosecution or defence in a criminal trial, can file a Challenge Propter Affectum if they believe a juror may be biased.
The purpose of filing a Challenge Propter Affectum is to ensure a fair and impartial trial by removing jurors who may have a personal bias or prejudice that could influence their decision-making.
A Challenge Propter Affectum is typically filed by submitting a written motion to the court, outlining the reasons for the challenge and providing evidence or arguments supporting the claim of bias.
Factors that can be considered as grounds for a Challenge Propter Affectum include the juror’s personal relationships, prior experiences, or any other circumstances that may indicate a potential bias or prejudice.
Yes, a Challenge Propter Affectum can be filed after the trial has started if new information or evidence comes to light that raises concerns about a juror’s impartiality.
If a Challenge Propter Affectum is successful, the juror in question will be dismissed from the jury panel, and an alternate juror may be selected to replace them.
In some cases, a decision regarding a Challenge Propter Affectum can be appealed if there are grounds to believe that the court’s ruling was incorrect or unfair. However, the specific rules and procedures for appealing such a decision may vary depending on the jurisdiction.
The number of Challenge Propter Affectum that can be filed is typically limited by the court’s discretion and the applicable laws or rules of procedure. However, parties generally have the right to challenge multiple jurors if they can demonstrate valid reasons for doing so.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 4th April 2024.
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