Also known as: challenges · challenged · challenging · contest · dispute
Written by attorneys · grounded in primary & secondary sources — see below
A formal objection or dispute raised in legal proceedings to question the validity, qualification, or propriety of a claim, person, action, or thing. The objection triggers a judicial or procedural determination of whether the challenged item meets applicable legal standards.
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Canyon Construction sued Compass Logistics for breach of a supply contract. After discovery closed, Canyon moved to resolve the entire claim by showing that Compass had no admissible evidence creating a factual dispute on any element. The court reviewed the record and granted the motion, entering judgment for Canyon as a matter of law.
In a federal felony trial, the government used six peremptory strikes against prospective jurors while the defendant used ten. The court allowed the strikes after confirming they complied with the numerical limits for offenses punishable by more than one year of imprisonment.
Shareholders of Cascade Manufacturing filed a derivative action alleging director misconduct. A board committee of qualified directors determined that continuing the suit was not in the corporation's best interests. The plaintiffs responded by alleging particular facts showing the committee failed to meet independence requirements.
Cameron Cruz appeared before a judge who had previously represented the opposing party in a related matter and possessed personal knowledge of disputed facts. Cruz moved for disqualification, citing the judge's bias and knowledge as grounds requiring recusal.
Crown Pharmaceuticals received settlement proceeds in which both the client and a third-party lienholder claimed interests. The lawyer placed the entire amount in a trust account and refused distribution until the competing claims were resolved through negotiation or court order.
Cecilia Cabrera promised her employee an additional bonus for completing tasks already required under the existing employment contract. When the employee later sought enforcement, the court held that performance of the preexisting legal duty supplied no consideration for the new promise.
The movant must identify the claims or defenses at issue and demonstrate the absence of any genuine dispute of material fact while establishing entitlement to judgment as a matter of law. The court then grants the motion if those requirements are met and states its reasons on the record.
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The government receives six peremptory challenges while the defendant or defendants jointly receive ten. These limits apply when the offense is punishable by imprisonment exceeding one year.
…least potential life is involved, the State may assert interests beyond the protection of the pregnant woman alone. Parties challenging state abortion laws have sharply disputed in some courts the contention that a purpose of these laws, when enacted, was to protect prenatal life.[^maj-46] Pointing to the absence of…
…v. County Board of Education , 175 U.S. 528, and Gong Lum v. Rice , 275 U.S. 78, the validity of the doctrine itself was not challenged
…Exercises of the taxing power are one obvious example. A second are the decisions in which this Court has dismissed “taking” challenges
…260, 271; Matter of Continental Bank & Trust Co., id. 795, 797, 67 N. Y. S. 2d 806, 807-808. We are met at the outset with a challenge
…of those portions of recordings for which transcripts had been publicly released. The District Court rejected jurisdictional challenges
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The plaintiff must allege with particularity facts establishing that the requirements for maintaining the derivative proceeding have not been met. This shifts the burden and allows judicial review of the board's decision.
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Disqualification is required when the judge has a personal bias or prejudice concerning a party or lawyer or possesses personal knowledge of disputed facts in the proceeding. The rule ensures impartiality whenever such circumstances exist.
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The lawyer must keep the property separate until the dispute is resolved and promptly distribute any portions as to which interests are undisputed. This protects all claimants while the conflict remains pending.
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Performance of a legal duty owed to the promisor that is neither doubtful nor honestly disputed supplies no consideration. A similar performance qualifies only if it differs from the duty in a manner reflecting more than a pretense of bargain.
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