When a judge sustains the challenge to the array, what does the judge do?

• A. Dismisses the case.
• B. Keeps the original panel.
• C. Orders a new jury panel to be summoned.
• D. Schedules a new trial.

Answer: (C)

When a judge sustains a challenge to the array, it shows the pool of potential jurors wasn’t properly selected or isn’t a fair cross-section. The remedy is to start fresh by summoning a new jury panel from the appropriate pool and using proper procedures. This fixes the due-process issue and ensures the jury is representative.

Dismiss the case would skip fixing the jury issue and isn’t the standard remedy for an improper array. Keeping the original panel would ignore the sustained flaw and could prejudice the parties. Scheduling a new trial isn’t the immediate remedy for an invalid jury pool; you’d first need a valid panel to proceed with a fair trial.