bias of juror
- A propensity or prepossession which does not leave the mind indifferent; it may be actual or implied-that is, bias in fact or bias presumed as a matter of law, as where the juror is a close relative of a party. 31 Am J Rev ed Jury § 172. Among the various matters which, at common law, were held to be principal cause for challenge, -that is, cause from which bias or partiality would be inferred as a legal conclusion, -were these: Consanguinity or affinity of the juror with either of the parties within the ninth degree; that the juror was godfather to the child of either of the parties; that the juror was of the same society or corporation with either party; or was tenant or "within the distress" of either party; or had an action implying malice between him and either party; or was master, servant, counselor, steward, or attorney for either party; or, after he was returned, he ate and drank at the expense of either party, or had been chosen as arbitrator by either party. Most authorities also held it to be ground for principal challenge that the juror had formed and declared his opinion touching the matter in controversy. Coughlin v People, 144 Ill 140, 33 NE 1.
Ballentine's law dictionary. Anderson, W.S.. 1998.
Look at other dictionaries:
bias — bi·as / bī əs/ n: a personal and often unreasoned judgment for or against one side in a dispute: prejudice a judge disqualified because of bias Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 … Law dictionary
bias — /bayas/ Inclination; bent; prepossession; a preconceived opinion; a predisposition to decide a cause or an issue in a certain way, which does not leave the mind perfectly open to conviction. To incline to one side. Condition of mind, which sways… … Black's law dictionary
implied bias — Presumed bias; bias which is supposed to exist on account of the relation which the juror bears either to the cause or to some of the parties thereto. 31 Am J Rev ed Jury § 171 … Ballentine's law dictionary
disqualified juror — A juror subject to challenge for want of a requisite qualification such as literacy, character, mental disability, prejudice, bias, relationship to a party, or interest in the suit. 31 Am J Rev ed Jur §§ 157 et seq … Ballentine's law dictionary
presumed bias — The bias of a juror conclusively presumed on account of his relation to a party or to the cause. United States v Wood, 299 US 123, 81 L Ed 78, 57 S Ct 177, reh den 299 US 624, 81 L Ed 459, 57 S Ct 319 … Ballentine's law dictionary
actual bias — The existence of a state of mind, on the part of a juror, which leads to a just inference in reference to the case that he will not act with entire impartiality. Literally, it is a leaning of the mind a prepossession, something more than sympathy … Ballentine's law dictionary
qualification of grand juror — The elements of citizenship and residence and the absence of bias, prejudice, or interest. 24 Am J1st Grand 3 §§ 7 et seq … Ballentine's law dictionary
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