Legal Definitions - assembly

An assembly generally refers to a gathering of people. In a legal context, the term can describe several distinct types of gatherings, each with specific characteristics and implications.

• Deliberative Assembly

  A deliberative assembly is a formal meeting of a group of people who come together to discuss, debate, and make decisions on behalf of the group. These gatherings typically follow established rules, such as parliamentary procedure, to ensure order, fairness, and efficient transaction of business. Key characteristics often include participants being free to use their own judgment, each person having one vote, and the ability of the members present to act for the entire group, provided a minimum number (a quorum) are in attendance.

  • Example 1: The annual general meeting of a large condominium association brings together unit owners to review financial reports, discuss proposed changes to building regulations, and elect new members to the board of directors. The meeting follows a strict agenda and uses formal voting procedures to pass resolutions.

    Explanation: This illustrates a deliberative assembly because it is a structured gathering of individuals (condo owners) who meet to propose, discuss, and vote on courses of action (financial reports, regulations, elections) that affect the entire group, operating under established rules.

  • Example 2: A university's faculty senate convenes monthly to consider new academic policies, approve curriculum changes, and discuss matters of faculty welfare. Debates are held, motions are made, and votes are taken according to the senate's bylaws.

    Explanation: This is a deliberative assembly as the faculty members gather to exercise their judgment, discuss, and vote on decisions (policies, curriculum) that govern their academic community, following formal procedures.

• Unlawful Assembly

  An unlawful assembly occurs when three or more persons gather with the intention of committing a violent crime or carrying out an act, whether lawful or unlawful in itself, that will foreseeably lead to a disturbance of the public peace. The crucial element is the shared intent to cause trouble or violence, even if no actual violence or disturbance has yet occurred. It differs from a "riot," where the group actually proceeds to execute their violent or disruptive purpose.

  • Example 1: A group of five individuals meets in a secluded area of a public park, openly discussing their plan to vandalize a local monument later that night and intimidate anyone who tries to stop them.

    Explanation: This constitutes an unlawful assembly because three or more people have gathered with the clear intention to commit a violent crime (vandalism) and an act that would breach the peace (intimidation), even though they have not yet carried out their plan.

  • Example 2: During a heated public demonstration, a small faction of protesters, numbering more than three, breaks away from the main group and huddles together, visibly arming themselves with rocks and bottles while loudly declaring their intent to charge a police barricade.

    Explanation: This could be considered an unlawful assembly because the individuals have gathered with the specific intent to commit a violent act (charging a barricade with weapons) that would breach the peace, even if they are still in the planning or preparation stage.

• Legislative Body

  In many states, the term Assembly specifically refers to the lower house of the state legislature, similar to the House of Representatives at the federal level. This body is responsible for debating and voting on proposed laws.

  • Example: In New York State, a bill must be approved by both the State Assembly and the State Senate before it can be sent to the Governor to become law.

    Explanation: Here, "Assembly" refers to one of the two legislative chambers within the state government, highlighting its role in the law-making process.