What is the test for peremptory challenges in civil cases?

California, United States of America


The following excerpt is from People v. Armstrong, 243 Cal.Rptr.3d 105, 433 P.3d 987, 6 Cal.5th 735 (Cal. 2019):

to a jury drawn from a representative cross-section of the community under article I, section 16 of the California Constitution, and his right to equal protection under the Fourteenth Amendment to the United States Constitution. ( People v. Parker (2017) 2 Cal.5th 1184, 1211, 218 Cal.Rptr.3d 315, 395 P.3d 208.)

"[T]here is a rebuttable presumption that a peremptory challenge is being exercised properly, and the burden is on the opposing party to demonstrate impermissible discrimination. " ( People v. Hensley (2014) 59 Cal.4th 788, 802, 175 Cal.Rptr.3d 213, 330 P.3d 296 ; see

[243 Cal.Rptr.3d 137]

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