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challenge 音標拼音: [tʃ'æləndʒ] n. 挑戰,盤問
vt. 向…挑戰,要求,懷疑
vi. 挑戰,反對 挑戰,盤問向…挑戰,要求,懷疑挑戰,反對 challenge復染問題 challenge n 1: a demanding or stimulating situation; " they reacted irrationally to the challenge of Russian power" 2: a call to engage in a contest or fight 3: questioning a statement and demanding an explanation; " his challenge of the assumption that Japan is still our enemy" 4: a formal objection to the selection of a particular person as a juror 5: a demand by a sentry for a password or identification v 1: take exception to; " She challenged his claims" [ synonym: { challenge}, { dispute}, { gainsay}] 2: issue a challenge to; " Fischer challenged Spassky to a match" 3: ask for identification; " The illegal immigrant was challenged by the border guard" 4: raise a formal objection in a court of law [ synonym: { challenge}, { take exception}] Challenge \ Chal" lenge\, v. t. [ imp. & p. p. { Challenged}; p. pr. & vb. n. { Challenging}.] [ OE. chalengen to accuse, claim, OF. chalengier, chalongier, to claim, accuse, dispute, fr. L. calumniar to attack with false accusations. See { Challenge}, n., and cf. { Calumniate}.] 1. To call to a contest of any kind; to call to answer; to defy. [ 1913 Webster] I challenge any man to make any pretense to power by right of fatherhood. -- Locke. [ 1913 Webster] 2. To call, invite, or summon to answer for an offense by personal combat. [ 1913 Webster] By this I challenge him to single fight. -- Shak. [ 1913 Webster] 3. To claim as due; to demand as a right. [ 1913 Webster] Challenge better terms. -- Addison. [ 1913 Webster] 4. To censure; to blame. [ Obs.] [ 1913 Webster] He complained of the emperors . . . and challenged them for that he had no greater revenues . . . from them. -- Holland. [ 1913 Webster] 5. ( Mil.) To question or demand the countersign from ( one who attempts to pass the lines); as, the sentinel challenged us, with " Who comes there?" [ 1913 Webster] 6. To take exception to; question; as, to challenge the accuracy of a statement or of a quotation. [ 1913 Webster] 7. ( Law) To object to or take exception to, as to a juror, or member of a court. [ 1913 Webster] 8. To object to the reception of the vote of, as on the ground that the person in not qualified as a voter. [ U. S.] [ 1913 Webster] { To challenge to the} { array, favor, polls}. See under { Challenge}, n. [ 1913 Webster]
Challenge \ Chal" lenge\, v. i. To assert a right; to claim a place. [ 1913 Webster] Where nature doth with merit challenge. -- Shak. [ 1913 Webster]
Challenge \ Chal" lenge\, n. [ OE. chalenge claim, accusation, challenge, OF. chalenge, chalonge, claim, accusation, contest, fr. L. calumnia false accusation, chicanery. See { Calumny}.] 1. An invitation to engage in a contest or controversy of any kind; a defiance; specifically, a summons to fight a duel; also, the letter or message conveying the summons. [ 1913 Webster] A challenge to controversy. -- Goldsmith. [ 1913 Webster] 2. The act of a sentry in halting any one who appears at his post, and demanding the countersign. [ 1913 Webster] 3. A claim or demand. [ Obs.] [ 1913 Webster] There must be no challenge of superiority. -- Collier. [ 1913 Webster] 4. ( Hunting) The opening and crying of hounds at first finding the scent of their game. [ 1913 Webster] 5. ( Law) An exception to a juror or to a member of a court martial, coupled with a demand that he should be held incompetent to act; the claim of a party that a certain person or persons shall not sit in trial upon him or his cause. -- Blackstone [ 1913 Webster] 6. An exception to a person as not legally qualified to vote. The challenge must be made when the ballot is offered. [ U. S.] [ 1913 Webster] { Challenge to the array} ( Law), an exception to the whole panel. { Challenge to the favor}, the alleging a special cause, the sufficiency of which is to be left to those whose duty and office it is to decide upon it. { Challenge to the polls}, an exception taken to any one or more of the individual jurors returned. { Peremptory challenge}, a privilege sometimes allowed to defendants, of challenging a certain number of jurors ( fixed by statute in different States) without assigning any cause. { Principal challenge}, that which the law allows to be sufficient if found to be true. [ 1913 Webster] 328 Moby Thesaurus words for " challenge": Socratic method, affront, arouse, ask, ask for, asking, attack, awake a doubt, awaken, baffle, balk, banter, battle cry, be contrary to, be diffident, be doubtful, be dubious, be skeptical, be uncertain, beard, beef, belie, bestir, bid defiance, bid to combat, bitch, blackmail, blast, boggle, boycott, brave, breast, bring before, bring forward, bring up, bringing into question, bucking, call, call for, call in question, call into question, call out, calling, cartel, catechetical method, catechization, catechizing, challenge, checkmate, circumvent, claim, claiming, clamor for, combative reaction, compete, compete with, complain, complain loudly, complaint, compunction, confound, confront, confront with, confrontation, contend with, contention, contest, contradict, contradiction, contravention, contraversion, controvert, cope, counter, counteract, counteraction, countermand, counterwork, counterworking, cross, crosscurrent, crossing, cry for, cry out against, dare, dash, declaration of war, declare war, defeat, defi, defiance, defy, demand, demanding, demonstrate, demonstrate against, demonstration, demur, demurral, demurrer, denial, deny, destroy, difficulty, discomfit, disconcert, discountenance, dish, dispute, dissent, dissentience, distrust, double dare, double- dare, doubt, elude, emulate, encounter, enter a protest, envisage, exact, exacting, examination, exception, expostulate, expostulation, extort, face, face down, face out, face up to, face with, flummox, foil, fractiousness, front, frustrate, gage, gage of battle, gainsay, gauntlet, glove, greet with skepticism, grievance, grievance committee, half believe, harbor suspicions, have reservations, head wind, holler, howl, impose, impugn, impugnation, impugnment, indent, indignation meeting, inquiring, insistence, interpellation, interrogation, invitation, invite, issue an ultimatum, jockey, kick, kick against, kindle, knock the chocks, lay before, lay claim to, levy, levy war on, make a demand, make a stand, make war on, march, meet, meet head- on, meet squarely, misgive, mistrust, negate, negation, negativism, noncooperation, nonplus, nonviolent protest, object, object to, objection, obstinacy, offer resistance, open hostilities, oppose, opposing, opposition, opposure, oppugn, oppugnation, order, order up, outdare, outvie, passive resistance, perplex, picket, picketing, place an order, place before, postulate, present to, press objections, pretend to, probing, problem, protest, protest demonstration, protestation, provocation, provoke, pumping, put in requisition, put it to, qualm, query, querying, question, questioning, quiz, quizzing, raise a howl, raise a question, rally, reaction, rebel yell, rebuff, rebut, rebutment, rebuttal, recalcitrance, recalcitrancy, recalcitrate, recalcitration, refractoriness, refusal, reject, rejection, reluct, reluctance, remonstrance, remonstrate, remonstration, renitence, renitency, repellence, repellency, repulse, repulsion, require, requisition, resistance, revolt, rival, rouse, ruin, sabotage, scotch, scream defiance, screw, scruple, seeking, set before, show fight, sit in, sit- in, smell a rat, solicit, spike, spoil, squawk, stand, stand at bay, stand up against, stand up to, standing against, stare down, state a grievance, stem, stimulation, stir, stonewall, strike, strive, strive against, struggle, stump, summon, summons, suspect, take exception to, teach in, teach- in, test, test one another, throw doubt upon, thwart, traversal, traverse, treat with reserve, trial, try, ultimatum, uncooperativeness, undercurrent, upset, venture, vie, vie with, wake, waken, war cry, war whoop, warn, whet, withstand, withstanding, yell bloody murderCHALLENGE, practice. An exception made to jurors who are to pass on a trial; to a judge; or to a sheriff. 2. It will be proper here to consider, 1. the several kinds of challenges; 2. by whom they are to be made; 3. the time and manner of making them. 3.- 1. The several kinds of challenges may be divided into those which are peremptory, and those which are for cause. 1. Peremptory challenges are those ' which are made without assigning any reason, and which the court must allow. The number of these which the prisoner was allowed at common law, in all cases of felony, was thirty- five, or one under three full juries. This is regulated by the local statutes of the different states, and the number except in capital cases, has been probably reduced. 4.- 2. Challenges for cause are to the array or to the polls. 1. A challenge to the array is made on account of some defect in making the return to the venire, and is at once an objection to all the jurors in the panel. It is either a principal challenge, that is, one founded on some manifest partiality, or error committed in selecting, depositing, drawing or summoning the jurors, by not pursuing the directions of the acts of the legislature; or a challenge for favor. 5.- 2. A challenge to the polls is objection made separately to each juror as he is about to be sworn. Challenges to the polls, like those to the array, are either principal or to the favor. 6. First, principal challenges may be made on various grounds: 1st. propter defectum, on account of some personal objection, as alienage, infancy, old age, or the want of those qualifications required by legislative enactment. 2d. Propter affectum, because of some presumed or actual partiality in the juryman who is made the subject of the objection; on this ground a juror may be objected to, if he is related to either within the ninth degree, or is so connected by affinity; this is supposed to bias the juror' s mind, and is only a presumption of partiality. Coxe, 446; 6 Greenl. 307; 3 Day, 491. A juror who has conscientious scruples in finding a verdict in a capital case, may be challenged. 1 Bald. 78. Much stronger is the reason for this challenge, where the juryman has expressed his wishes as to the result of the trial, or his opinion of the guilt or innocence of the defendant. 4 Harg. St. Tr. 748; Hawk. b. 2, c. 43, s. 28; Bac. Ab. Juries, E 5. And the smallest degree of interest in the matter to be tried is a decisive objection against a juror. 1 Bay, 229; 8 S. & R. 444; 2 Tyler, 401. But see 5 Mass. 90. 3d. The third ground of principal challenge to the polls, is propter delictum, or the legal incompetency of the juror on the ground of infamy. The court, when satisfied from their own examination, decide as to the principal challenges to the polls, without any further investigation and there is no occasion for the appointment of triers. Co. Litt. 157, b; Bac. Ab. Juries, E 12; 8 Watts. R. 304. 7.- Secondly. Challenges to the poll for favor may be made, when, although the juror is not so evidently partial that his supposed bias will be sufficient to authorize. a principal challenge, yet there are reasonable grounds to suspect that he will act under some undue influence or prejudice. The causes for such challenge are manifestly very numerous, and depend, on a variety of circumstances. The fact to be ascertained is, whether the juryman is altogether indifferent as he stands unsworn, because, even unconsciously to himself, be may be swayed to one side. The line which separates the causes for principal challenges, and for challenge to the favor, is not very distinctly marked. That the juror has acted as godfather to the child of the prosecutor or defendant, is cause for a principal challenge; Co. Litt. 157, a; while the fact that the party and the juryman are fellow servants, and that the latter has been entertained at the house of the former, is only cause for challenge to the favor. Co. Litt. 147; Bac. Ab. Juries, E 5. Challenges to the favor are not decided upon by the court, but are settled by triers. ( q. v.) 8.- 2. The challenges may be made by the government, or those who represent it, or by the defendant, in criminal cases; or they may be made by either party in civil cases. 9.- 3. As to the time of making the challenge, it is to be observed that it is a general rule, that no challenge can be made either to the array or to the polls, until a full jury have made their appearance, because if that should be the case, the issue will remain pro defectu juratorum; and on this account, the party who intends to challenge the array, may, under such a contingency, pray a tales to complete the number, and then object to the panel. The proper time, of challenging, is between the appearance and the swearing of the jurors. The order of making challenges is to the array first, and should not that be supported, then to the polls; challenging any one juror, waives the right of challenging the array. Co. Litt. 158, a; Bac. Ab. Juries, E 11. The proper manner of making the challenge, is to state all the objections against the jurors at one time; and the party will not be allowed to make a second objection to the same juror, when the first has been overruled. But when a juror has been challenged on one side, and found indifferent, he may still be challenged on the other. When the juror has been challenged for cause, and been pronounced impartial, he may still be challenged peremptorily. 6 T. R. 531; 4 Bl. Com. 356; Hawk. b. 2, c. 46, s. 10. 10. As to the mode of making the challenge, the rule is, that a challenge to the array must be in writing; but when it is only to a single individual, the words " I challenge him" are sufficient in a civil case, or on the part of the defendant, in a criminal case when the challenge is made for the prosecution, the attorney- general says, " We challenge him." 4 Harg. St. Tr. 740 Tr. per Pais, 172; and see Cro. C. 105; 2 Lil. Entr. 472; 10 Wentw. 474; 1 Chit. Cr. Law, 533 to 551. 11. Interest forms the only ground at common law for challenging a judge. It is no ground of challenge that he has given an opinion in the case before. 4 Bin. 349; 2 Bin. 454. By statute, there are in some states several other grounds of challenge. See Courts of the U. S., 633 64. 12. The sheriff may be challenged for favor as well as affinity. Co. Litt. 158, a; 10 Serg. &. R. 336- 7. And the challenge need not be made to the court, but only to the prothonotary. Yet the Sheriff cannot be passed by in the direction of process without cause, as he is the proper officer to execute writs, except in case of partiality. Yet if process be directed to the coroner without cause, it is not void. He cannot dispute the authority of the court, but must execute it at his peril, and the misdirection is aided by the statutes of amendment. 11 Serg. & R. 303.
CHALLENGE. This word has several significations. 1. It is an exception or objection to a juror. 2. A call by one person upon another to a single combat, which is said to be a challenge to fight.
CHALLENGE, criminal law. A request by one person to another, to fight a duel. 2. It is a high offence at common law, and indictable, as tending to a breach of the peace. It may be in writing or verbally. Vide Hawk. P. C. b. 1, c. 63, s. 3; 6 East, R. 464; 8 East, R. 581; 1 Dana, R. 524; 1 South.. R. 40; 3 Wheel. Cr. C. 245 3 Rogers' Rec. 133; 2 M' Cord, R. 334 1 Hawks. R. 487; 1 Const. R. 107. He who carries a challenge is also punishable by indictment. In most of the states, this barbarous practice is punishable by special laws. 3. In most of the civilized nations challenging another to fight. is a crime, as calculated to destroy the public peace; and those who partake in the offence are generally liable to punishment. In Spain it is punished by loss of offices, rents, and horrors received from the king, and the delinquent is incapable to hold them in future. Aso & Man. Inst. B. 2, t. 19, c. 2, Sec. 6. See, generally, 6 J. J. Marsh. 120; 1 Munf. 468; 1 Russ. on Cr. 275; 6 J. J. Marsh. 1 19; Coust. Rep. 10 7; Joy on Chal. passim. |
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