Circuit split · civil procedure
Whether a litigant who uses a peremptory challenge to remove a prospective juror the trial court erroneously refused to excuse for cause suffers a reversible impairment of the right to exercise peremptory challenges.
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
Ninth Circuit Court of Appeals · January 19, 2000
“There is a corresponding conflict among the Circuits in civil cases.” — Split of authority
Empirical analysis of this case →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- On the other sideKirk v. Raymark Industries, Inc.61 F.3d 147
“Raymark Industries, Inc., 61 F.3d 147 , 157 1 NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports.” — United States v. Martinez-Salazar Supreme Court of the United States Certiorari to the United States Court of Appeals for the Ninth Circuit, acknowledging the split
What the split turns on
- Anchor precedents:
- Ross
- Constitutional provisions:
- Fifth Amendment
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.