fair, adj. 1. Impartial; just; equitable; disinterested (everyone thought that Judge Jones was fair). 2. Free of bias or prejudice (in jury selection, the lawyers tried to select a fair and impartial jury). fair, n. Hist. A privileged market for the buying and selling of goods. • A fair was an incorporeal hereditament granted to […]
A party’s challenge supported by a specified reason, such as bias or prejudice, that would disqualify that potential juror. — Also termed for-cause; causal challenge; general challenge; challenge to the poll. [Cases: Jury 83–108, 124. C.J.S. Juries §§ 225, 248, 367, 369–409, 415, 417–418, 420, 446.]
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A witness who is biased against the examining party, who is unwilling to testify, or who is identified with an adverse party. • A hostile witness may be asked leading questions on direct examination. Fed. R. Evid. 611(c). — Also termed adverse witness. See adverse party under PARTY(2). [Cases: Witnesses 244. C.J.S. Witnesses § 422.]
withdraw, vb. 1. (vt.) To take back (something presented, granted, enjoyed, possessed, or allowed) (withdraw blame). 2. (vt.) To retract (one’s words) (withdraw the objection). 3. (vt.) To refrain from prosecuting or proceeding with (an action) (withdraw the petition for divorce). 4. (vi.) (Of a lawyer) to terminate one’s representation of a client before a
expert, n. A person who, through education or experience, has developed skill or knowledge in a particular subject, so that he or she may form an opinion that will assist the fact-finder. Fed. R. Evid. 702. See DAUBERT TEST. [Cases: Criminal Law 478–480; Evidence 535–546. C.J.S. Criminal Law §§ 1070–1071; Evidence §§ 521, 523–527, 599–600,
Criminal law. A jury that is fit to decide a case involving the death penalty because the jurors have no absolute ideological bias against capital punishment. Cf. life-qualified jury. [Cases: Jury 33(2.15). C.J.S. Juries §§ 409, 446.]
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An attorney hired to provide an unbiased opinion about a case or to conduct an impartial investigation; esp., an attorney appointed by a governmental branch or agency to investigate alleged misconduct within that branch or agency. See special prosecutor under PROSECUTOR. Cf. special counsel. [Cases: United States 40. C.J.S. United States §§ 58–60.]
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A bias or prejudice that disqualifies a potential juror. [Cases: Jury 99.4. C.J.S. Juries § 399.]
An expert who is appointed by the court to present an unbiased opinion. — Also termed court-appointed expert. Fed. R. Evid. 706. [Cases: Federal Civil Procedure 1951; Trial 18. C.J.S. Trial §§ 91–92.]
A challenge for cause that arises when facts and circumstances tend to show that a juror is biased but do not warrant the juror’s automatic disqualification. See challenge for cause.
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