Bench in United States
Bench Definition
A tribunal for the administration of justice. The judges taken collectively, as distinguished from counsellors and advocates, who are called the “bar.” The term, indicating originally the seat of the judges, came to denote the body of judges taken collectively, and also the tribunal itself. The jus tanci, says Spelman, properly belongs to the king’s judges, who administer justice in the last resort. The judges of the inferior courts, as of the barons, are deemed to judge piano pede, and are such as are called in the civil law pedanei judices. The Romans used the words sellae and tribunalia to designate the seats of their higher judges, and subsellia to designate those of the lower. See Spelman, “Bancus;” 1 Reeve, Hist. Eng. Law (4th Ed.) 40, “The court of common pleas in England was formerly called bancus, the bench, as distinguished from hancus reflris,-the king’s bench. It was also called communis banens, the common bench ; and this title is still retained by the reporters of the decisions in the court of common pleas. Mention is made in the Magna Charta ‘de justieiariis nostris de banco,’ which all men know to be the justices of the court of common pleas, commonly called the common bench, or the bench.” Viner, Abr. “Courts,” note 2.
Bench in Foreign Legal Encyclopedias
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Bench | Bench in the World Legal Encyclopedia. |
Bench | Bench in the European Legal Encyclopedia. |
Bench | Bench in the Asian Legal Encyclopedia. |
Bench | Bench in the UK Legal Encyclopedia. |
Bench | Bench in the Australian Legal Encyclopedia. |
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Bench | Bench in the Criminal Law Portal of the American Encyclopedia of Law. |
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Bench | Bench in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
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Bench | Bench in the Tax Law Portal of the American Encyclopedia of Law. |
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Legal Issue for Attorneys
A tribunal for the administration of justice. The judges taken collectively, as distinguished from counsellors and advocates, who are called the “bar.” The term, indicating originally the seat of the judges, came to denote the body of judges taken collectively, and also the tribunal itself. The jus tanci, says Spelman, properly belongs to the king’s judges, who administer justice in the last resort. The judges of the inferior courts, as of the barons, are deemed to judge piano pede, and are such as are called in the civil law pedanei judices. The Romans used the words sellae and tribunalia to designate the seats of their higher judges, and subsellia to designate those of the lower. See Spelman, “Bancus;” 1 Reeve, Hist. Eng. Law (4th Ed.) 40, “The court of common pleas in England was formerly called bancus, the bench, as distinguished from hancus reflris,-the king’s bench. It was also called communis banens, the common bench ; and this title is still retained by the reporters of the decisions in the court of common pleas. Mention is made in the Magna Charta ‘de justieiariis nostris de banco,’ which all men know to be the justices of the court of common pleas, commonly called the common bench, or the bench.” Viner, Abr. “Courts,” note 2.
Notice
This definition of Bench is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.
“En Banc ” Definition in the context of the Federal Court System
“In the bench” or “as a full bench.” Refers to court sessions with the entire membership of a court participating. U.S. circuit courts of appeals usually decide matters sitting in panels of three judges, but all the judges in the court may decide certain matters together or review panel decisions sitting “en banc” (occasionally spelled “in banc”). The largest courts of appeals may split their full membership into two en banc panels.