Nevada Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury

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This form is a sample motion requesting that the exclusion of illiterate persons from the jury is discriminatory and unconstitutional. Cites federal and state caselaw. Adapt to fit your circumstances.

Nevada Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury is a legal procedure that challenges the practice of excluding illiterate individuals from serving on juries in Nevada. This motion seeks to establish that such exclusion is fundamentally discriminatory and unconstitutional under the laws of the state. By filing this motion, the petitioner argues that literacy should not be a criterion for jury eligibility as it peculiarly affects certain individuals and fails to align with the principles of impartial jury selection. In Nevada, there are several types of motions related to the exclusion of illiterates from the jury. They can include: 1. Preliminary Motion: This motion is submitted at the preliminary stage of a case, aiming to challenge the discriminatory exclusion of illiterates from the jury. It establishes the basis for asserting the unconstitutionality of such exclusion and sets the stage for further arguments. 2. Motion for Declaratory Judgment: This type of motion requests the court to declare that the discriminatory exclusion of illiterates from the jury is unconstitutional. It seeks a definitive ruling on the matter that would have presidential value beyond the specific case. 3. Motion for Injunction: Once a motion for declaratory judgment is successful, a subsequent motion for an injunction may be filed. This motion urges the court to issue an order prohibiting the exclusion of illiterate individuals from the jury selection process until a remedy is implemented. 4. Motion for Remedial Measures: In the event that the court finds the exclusion to be unconstitutional, this motion seeks to implement corrective measures. It may include suggesting alternative methods of evaluating juror competence without relying solely on literacy. Key arguments that can be touched upon while discussing Nevada Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury include equal protection under the law, the importance of diverse perspectives in jury deliberations, and addressing the historical biases that contribute to the exclusion of certain segments of society. Additionally, relevant keywords for this content are "Nevada," "motion," "unconstitutional," "discriminatory exclusion," "illiterates," and "jury."

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The court may at any time temporarily excuse any juror on account of: (a) Sickness or physical disability. (b) Serious illness or death of a member of the juror's immediate family. (c) Undue hardship or extreme inconvenience.

The term describing this justification for removal is called a ?challenge for cause? and these challenges comprise the first level of screening in the voir dire process.

Under Federal law, a person cannot be required to serve jury duty more often than once every two (2) years.

Therefore, jurors are requested to dress in a manner that is respectful to the litigants and the court. You may wear comfortable but appropriate business-like clothing. Shorts, jeans, t-shirts, tank tops and sweatshirts should not be worn.

If you are selected to serve on the jury, you must be able to attend every day of the trial no matter how long the trial lasts. Once you have served on a jury in Nevada you are not required to serve or be summoned again for 18 months.

The court may at any time temporarily excuse any juror on account of: (a) Sickness or physical disability. (b) Serious illness or death of a member of the juror's immediate family. (c) Undue hardship or extreme inconvenience.

No Nevada state law requires the employer to pay wages while an employee is on jury duty.

Challenge for cause is a practice that allows attorneys to remove prospective jurors who can't render a fair and impartial verdict. A juror's inability to hear a particular case may be based on a variety of factors, including close relationships with a party in the case, or actual and implied biases.

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Nevada Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury