Also known as: arrays · jury array · panel
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A panel of potential jurors summoned to court for voir dire, or a group of photographs displayed to a witness for identification purposes.
A court-appointed panel of one or more individuals, typically used in derivative litigation to evaluate whether maintaining the action serves the corporation's best interests.
A panel of potential jurors summoned to court for voir dire, or a group of photographs displayed to a witness for identification purposes.
Police investigating a robbery show Ariana Azizi a photo array containing six images including one of the suspect. Azizi identifies the suspect from the array. At trial the defense objects that counsel was not present during the identification.
Anthony Arnold challenges a state sodomy statute that brands certain private conduct as criminal. The Court notes that the law produces an array of collateral legal disabilities in employment, housing, and family law beyond the criminal penalty itself.
A court-appointed panel of one or more individuals, typically used in derivative litigation to evaluate whether maintaining the action serves the corporation's best interests.
Aaron Adams and other minority shareholders of Astra Aerospace file a derivative action alleging self-dealing by the board. Astra moves for dismissal and the court appoints an independent valuation expert as a single-member array to investigate whether the suit serves the corporation's best interests. After review the expert concludes the action should not proceed and Astra moves to dismiss on that basis.
Each sense below has its own examples, sources, and questions.
The City of New London condemns waterfront parcels for a redevelopment project. The plan promises an array of benefits including new jobs, increased tax revenue, and aesthetic improvements to the depressed area.
Erie Railroad disputes whether federal courts may apply general common law to a state-law tort claim. The Court observes that an array of prior decisions had permitted that practice but concludes the approach improperly invades state authority.
An array is the panel of potential jurors summoned to court for voir dire. The term also refers to the list of those jurors or the act of calling their names as they are seated.
No. A photo array is not a critical stage of the prosecution under the Sixth Amendment, so counsel need not be present. The procedure may still be challenged on due process grounds if it is unnecessarily suggestive.
Alexandra Armstrong and other shareholders sue Anchor Bank in a derivative action. On the bank's motion the court appoints a three-member array of retired judges to decide whether the suit is in the bank's best interests. The array concludes the action should be dismissed and the bank moves to dismiss. The plaintiffs must prove the array's determination failed to meet statutory requirements.
A court may appoint a panel of one or more individuals on the corporation's motion. If the panel determines in good faith after reasonable inquiry that the suit is not in the corporation's best interests, the court must dismiss the action on the corporation's motion unless the plaintiff carries the burden of proving the panel's determination was deficient.
…to allow the policy question of same-sex marriage to be considered and resolved by a select, patrician, highly unrepresentative panel of nine is to violate a principle even more fundamental than no taxation without representation: no social transformation without representation. II But what really astounds is the…