Arkansas Sample Questions, Voir Dire Examination
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Do you think there are too many, too few or about the right number of lawsuits? What is a ?frivolous lawsuit?? How can you determine what is a ?real? case and what is a ?frivolous? case? Do you think some people file ?frivolous lawsuits?? Why or why not?
The judge and attorneys ask the potential jurors questions, general or related to the specific case before them, to determine their suitability to serve on the jury. This process is called voir dire, which typically results in some prospective jurors being excused, based on their answers, from serving in that trial.
During voir dire the lawyers may ask the judge to excuse a juror from sitting on the case. This is called "challenging a juror". There are two types of challenges: a challenge for cause and a peremptory challenge.
The judge and the attorneys ask jurors questions to determine if the jurors are free of bias (prejudice) or whether there is any other reason why they cannot be fair and impartial; this process is called voir dire.
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
Voir dire is the only way for the lawyers and the judge to find out about each particular juror. It is very important that all jurors answer the questions frankly and to the best of their ability.
(27) If a new prospective juror is seated, the court should ask him or her: (A) Have you heard my questions to the other prospective jurors? (B) Have any of the questions I have asked raised any doubt in your mind as to whether you could be a fair and impartial juror in this case?
Often, jurors will be asked to state the neighborhood or area they live in, their profession, whether they have children, are married, and so on. This kind of information helps the judge and lawyers get a feel for the potential jurors, and might even inform an attorney's decision to use a challenge on someone.