CHALLENGE (OF. eholenge, cholonge, It. cologne, accusation, from Lat. ca/untnia, false accusation, from ealvi. to deceive). In criminal law, a request or demand to fight with deadly weapons. No set phrase or form of words is necessary to constitute a challenge. Any lan guage which, when connected with the circum stances of a quarrel and the conduct of the par ties. shows an intention to invite or solicit a meeting in order to fight with deadly weapons, amounts to a challenge. Giving a challenge. or knowingly bearing one, or even inciting to a challenge. is a criminal offense at common law. The tendency of modern statutes is to subject alt persons connected with a challenge to severe criminal punishment. and to disqualify them from holding public office thereafter. See DUELING.
In civil procedure, a challenge is a formal exception taken to one or more jurors. When
exception is taken to the entire panel. it is called a challenge to the array, or to the panel, or a motion to set aside the panel. or to quash the array. A challenge is said to be for cause, when it is based upon a state of facts which, if established, renders the juror incompetent, as that he is pecuniarily interested in the case, or disqualified by reason of age, sex, or mental condition. A challenge is said to be to the fare.r, when founded on a charge that the juror is biased or subject to sonic improper influence. A nytory challenge is one for which no reason need be assigned. 'File number of per emptory challenges. and the eriminal cases in which they are allowed, are regulated by statute. Challenges are to be made after the appearance of the jurors and before they are sworn, See JURY.