The term peremptory refers to something that is definite, absolute, and final. It indicates a decision or command that does not allow for delay or reconsideration. In legal contexts, it is often used in relation to writs, challenges to jurors, or setting hearing dates. Additionally, it can describe a person who is commanding and assertive, often to the point of being aggressive or domineering.
In legal practice, "peremptory" is commonly applied in several areas, including:
Users can manage some of these processes themselves using templates available through US Legal Forms, which are drafted by qualified attorneys.
Here are a couple of examples of abatement:
Here are a couple of examples of how "peremptory" is used:
Examples of state differences (not exhaustive):
| State | Application of Peremptory Challenges |
|---|---|
| California | Allows a limited number of peremptory challenges in civil and criminal cases. |
| New York | Similar to California, but with different limits based on the type of case. |
| Texas | Allows peremptory challenges but has specific rules regarding their use in jury selection. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Peremptory | A definitive command or decision that cannot be postponed. | Final and absolute; does not allow for reconsideration. |
| Discretionary | Allows for personal judgment in decision-making. | Not absolute; can be altered or delayed based on circumstances. |
| Mandatory | Required by law or rules. | Imposes a duty but may allow for some flexibility in execution. |
If you encounter a peremptory order or challenge in a legal matter, consider the following steps:
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A peremptory challenge allows an attorney to dismiss a juror without providing a reason.