PROFILPELAJAR.COM

Bench (law)

A judge's bench in a courtroom in Beechworth, Victoria, Australia. The term "bench" is also used as a metonym to mean all the judges of a certain court or members of a judiciary.
The Supreme Court of Japan Grand Bench seats 15 justices.

Bench used in a legal context can have several meanings. First, it can simply indicate the location in a courtroom where a judge sits. Second, the term bench is a metonym used to describe members of the judiciary collectively,[1] or the judges of a particular court, such as the King's Bench or the Common Bench in England and Wales, or the federal bench in the United States.[2] 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.[2] 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 en banc.[3]

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.[2] 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.[4]

See also

References

  1. ^ In Italy, in the law on the conflict between powers, the ordinance drawn by the judge at the bench (...) is the legal system's response to the suffered invasion of his range of power: Buonomo, Giampiero (2005). "La Consulta apre alla libertà delle forme e ascolta i giudici che sostituiscono l'ordinanza al ricorso". Diritto&Giustizia Edizione Online. Archived from the original on 2012-08-01. Retrieved 2016-04-07.
  2. ^ a b c Walker, David (1980). Oxford Companion to Law. Oxford: Oxford University Press. p. 123. ISBN 0-19-866110-X.
  3. ^ Black, Henry Campbell (1990). Black's Law Dictionary, 6th ed. St. Paul, Minn.: West Publishing. pp. 155. ISBN 0-314-76271-X.
  4. ^ Harding, Hugh W. (1950). "Advocates Under the Code de Rohan and the Present Law" (PDF). Scientia. 3 (2): 121. Archived from the original on 20 May 2017.

Sources

Content Disclaimer

Informasi ini disarikan dari Wikipedia dan disajikan kembali untuk tujuan edukasi. Konten tersedia di bawah lisensi CC BY-SA 3.0. Kami tidak bertanggung jawab atas ketidakakuratan data yang bersumber dari kontribusi publik tersebut.

  1. The information displayed on this website is sourced in part or in whole from Wikipedia and has been adapted for the purpose of restating it. We strive to provide accurate and relevant information, however:
  2. There is no guarantee of absolute accuracy. Wikipedia is an open, collaborative project that can be edited by anyone, so information is subject to change.
  3. It is not intended to constitute professional advice. The content displayed is for informational and educational purposes only. For important decisions (e.g., medical, legal, or financial), please consult a professional.
  4. Content copyright. Wikipedia is licensed under the Creative Commons Attribution-ShareAlike License (CC BY-SA). This means that content may be reused with appropriate attribution and shared under a similar license.
  5. Responsible use. Any risk arising from the use of information from this website is entirely the responsibility of the user.