Bench in
legalLaw is a system of rules, usually enforced through a set of institutions. It shapes politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets...
contexts means simply the location in a
courtroomA 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....
where a
judgeA judge, or arbiter of justice, is a lead official who presides over a court of law, 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 like an umpire in a game and...
sits. The historical roots of that meaning come from the fact that judges formerly sat on long seats or
benchesA bench is a piece of furniture, which mostly offersseveral persons seating. As a rule, benches are made of wood, but one can also find stone benches and benches made of synthetic materials. Many benches have arm rests. In public areas, benches are often donated by persons or associations, which...
(freestanding or against a wall) when presiding over a
courtA court is a body, often a governmental institution, with the authority to adjudicate legal disputes and dispense civil, criminal, or administrative justice in accordance with rules 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
lawLaw is a system of rules, usually enforced through a set of institutions. It shapes politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets...
- the term "
benchA Bench can be a metonymy, served from the sitting bench , not unlike some uses of chair and seat, for certain groups of people metonymically associated with certain seatings....
" is a
metonymyMetonymy 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. It comes from the , , "a change of name", from , , "after, beyond" and , , a suffix used to name figures of...
used to describe members of the
judiciaryThe judiciary is the system of courts which interprets and applies the law in the name of the sovereign or 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
Great BritainGreat Britain is an island lying to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island. With a population of about 59.6 million people, it is the third most populated island on Earth. Great Britain is surrounded by over 1000 smaller...
, or the
federalThe United States federal courts comprises the Judiciary Branch of government organized under the Constitution and laws of the federal government of the United States...
bench in the
United StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
.
Bench in
legalLaw is a system of rules, usually enforced through a set of institutions. It shapes politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets...
contexts means simply the location in a
courtroomA 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....
where a
judgeA judge, or arbiter of justice, is a lead official who presides over a court of law, 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 like an umpire in a game and...
sits. The historical roots of that meaning come from the fact that judges formerly sat on long seats or
benchesA bench is a piece of furniture, which mostly offersseveral persons seating. As a rule, benches are made of wood, but one can also find stone benches and benches made of synthetic materials. Many benches have arm rests. In public areas, benches are often donated by persons or associations, which...
(freestanding or against a wall) when presiding over a
courtA court is a body, often a governmental institution, with the authority to adjudicate legal disputes and dispense civil, criminal, or administrative justice in accordance with rules 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
lawLaw is a system of rules, usually enforced through a set of institutions. It shapes politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets...
- the term "
benchA Bench can be a metonymy, served from the sitting bench , not unlike some uses of chair and seat, for certain groups of people metonymically associated with certain seatings....
" is a
metonymyMetonymy 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. It comes from the , , "a change of name", from , , "after, beyond" and , , a suffix used to name figures of...
used to describe members of the
judiciaryThe judiciary is the system of courts which interprets and applies the law in the name of the sovereign or 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
Great BritainGreat Britain is an island lying to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island. With a population of about 59.6 million people, it is the third most populated island on Earth. Great Britain is surrounded by over 1000 smaller...
, or the
federalThe United States federal courts comprises the Judiciary Branch of government organized under the Constitution and laws of the federal government of the United States...
bench in the
United StatesThe 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
caseA 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 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 of unusual significance...
"). Additionally, the term is used to differentiate judges ("the bench") from
attorneysA lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person licensed to practice law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain stability, and deliver...
or barristers ("
the barBar 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 bar is a dividing line in a courtroom...
"). The phrase "bench and bar" denotes all judges and lawyers collectively.
See also
- 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 bar is a dividing line in a courtroom...
- Bench (metonymy)
A Bench can be a metonymy, served from the sitting bench , not unlike some uses of chair and seat, for certain groups of people metonymically associated with certain seatings....
- Bench trial
A 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....
- Bencher
A 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...
- Court
A court is a body, often a governmental institution, with the authority to adjudicate legal disputes and dispense civil, criminal, or administrative justice in accordance with rules of law....
- 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....
- 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 of unusual significance...
- Bank
A bank is a financial institution licensed by a government. Its primary activities include borrowing and lending money.Many other financial activities were allowed over time. For example banks are important players in financial markets and offer financial services such as investment funds...