Bench (law)
Encyclopedia
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
contexts means simply the location in a courtroom
Courtroom
A courtroom is the actual enclosed space in which a judge regularly holds court.The schedule of official court proceedings is called a docket; the term is also synonymous with a court's caseload as a whole.-Courtroom design:-United States:...
where a judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
sits. The historical roots of that meaning come from the fact that judges formerly sat on long seats or benches
Bench (furniture)
A bench is a piece of furniture, on which several people may sit at the same time. Benches are typically made of wood, but may also be made of metal, stone, or synthetic materials. Many benches have arm and back rests; some have no back rest and can be sat on from either side. In public areas,...
(freestanding or against a wall) when presiding over a court
Court
A court is a form of tribunal, often a governmental 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 with the rule of law...
. In modern courtrooms, the bench is usually an elevated desk area that allows a judge to view the entire courtroom (see photo at right).
But the word also has a broader meaning in the law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
- the term "bench
Bench (metonymy)
Bench can be used as a metonym for a group of people associated with sitting on particular benches. The words chair, seat and desk can be used in similar ways....
" is a metonym
Metonymy
Metonymy is a figure of speech used in rhetoric in which a thing or concept is not called by its own name, but by the name of something intimately associated with that thing or concept...
used to describe members of the judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
collectively, or the judges of a particular court, such as the Queen's Bench or the Common Bench in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, or the federal
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
bench in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. The term is also used when all the judges of a certain court sit together to decide a case
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
, as in the phrase "before the full bench" (also called "en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
"). Additionally, the term is used to differentiate judges ("the bench") from attorneys
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
or barristers ("the bar
Bar (law)
Bar in a legal context has three possible meanings: the division of a courtroom between its working and public areas; the process of qualifying to practice law; and the legal profession.-Courtroom division:...
"). The phrase "bench and bar" denotes all judges and lawyers collectively.
See also
- Bar (law)Bar (law)Bar in a legal context has three possible meanings: the division of a courtroom between its working and public areas; the process of qualifying to practice law; and the legal profession.-Courtroom division:...
- Bench (metonymy)Bench (metonymy)Bench can be used as a metonym for a group of people associated with sitting on particular benches. The words chair, seat and desk can be used in similar ways....
- Bench trialBench trialA bench trial is a trial held before a judge sitting without a jury. The term is chiefly used in common law jurisdictions to describe exceptions from jury trial, as most other legal systems do not use juries to any great extent....
- BencherBencherA bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales. Benchers hold office for life once elected. A bencher can be elected while still a barrister , in recognition of the contribution that the barrister has made to the life of the Inn or to the law...
- CourtCourtA court is a form of tribunal, often a governmental 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 with the rule of law...
- CourtroomCourtroomA courtroom is the actual enclosed space in which a judge regularly holds court.The schedule of official court proceedings is called a docket; the term is also synonymous with a court's caseload as a whole.-Courtroom design:-United States:...
- En bancEn bancEn banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
- BankBankA bank is a financial institution that serves as a financial intermediary. The term "bank" may refer to one of several related types of entities:...