Bench (law)
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Bench used in a
legal Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
context can have several meanings. First, it can simply indicate the location in a
courtroom A courtroom is the enclosed space in which courts of law are held in front of a judge. A number of courtrooms, which may also be known as "courts", may be housed in a courthouse. In recent years, courtrooms have been equipped with audiovisual ...
where a
judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
sits. Second, the term bench is a
metonym Metonymy () is a figure of speech in which a concept is referred to by the name of something closely associated with that thing or concept. Etymology The words ''metonymy'' and ''metonym'' come from grc, μετωνυμία, 'a change of name' ...
used to describe members of the
judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
collectively, or the judges of a particular court, such as the King's Bench or the
Common Bench The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century afte ...
in England and Wales, or the
federal Federal or foederal (archaic) may refer to: Politics General *Federal monarchy, a federation of monarchies *Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or ...
bench in the United States. Third, the term is used to differentiate judges, who are referred to as "the bench", from attorneys or barristers, who are referred to as " the bar". The phrase "bench and bar" denotes all judges and lawyers collectively. The term "full bench" is used when all the judges of a certain court sit together to hear a case, as in the phrase "before the full bench", which is also referred to as . The historical roots of the term come from judges formerly having sat on long seats or benches (freestanding or against a wall) when presiding over a
court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
. The bench is usually an elevated desk area that allows a judge to view, and to be seen by, the entire courtroom. The bench was a typical feature of the courts of the Order of St. John in Malta, such as at the Castellania, where judges and the nominated College of Advocates sat for court cases and review laws.


See also

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Bank A bank is a financial institution that accepts deposits from the public and creates a demand deposit while simultaneously making loans. Lending activities can be directly performed by the bank or indirectly through capital markets. Because ...
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Bar (law) In law, the bar is the legal profession as an institution. The term is a metonym for the line (or "bar") that separates the parts of a courtroom reserved for spectators and those reserved for participants in a trial such as lawyers. In the Un ...
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Bench trial A bench trial is a trial by judge, as opposed to a trial by jury. The term applies most appropriately to any administrative hearing in relation to a summary offense to distinguish the type of trial. Many legal systems (Roman, Islamic) use bench ...
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Bencher A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales or the Inns of Court in Northern Ireland, or the Honorable Society of King's Inns in Ireland. Benchers hold office for life once elected. A bencher can ...
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En banc In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller ...
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Full court A full court (less formally, full bench) is a court of law sitting with a greater than normal number of judges. For a court which is usually presided over by one judge, a full court has three or more judges; for a court which, like many appellate ...


References


Sources


''The Art of Writing Judgments'', Hon’ble Shri M. A. Bakshi, Vice President, ITAT, Chandigarh Bench

''Conduct on and off the Bench'', Hon’ble Shri P. P. Parikh, Vice President, ITAT, Hyderabad Bench
Courts Judiciaries {{Law-term-stub