Also known as: benches · judiciary · court
Written by attorneys · grounded in primary & secondary sources — see below
The physical seat on which a judge sits while presiding over court proceedings. By extension the term also denotes the judge or judges collectively who constitute a court or tribunal.
Bei Bai purchased land from Brandon Black under a contract that included an oral promise to build a boundary fence. After closing, Black refused to build the fence. Bei Bai sued. The bench examined the parties' intent and the independent nature of the promise and held that the collateral agreement survived merger into the deed.
Belinda Baxter sued for breach of contract seeking $50,000 in damages. The bench ruled that the Seventh Amendment preserved her right to a jury trial because the amount in controversy exceeded twenty dollars and the claim was a suit at common law.
Select any source to read its text and confirm it supports the definition.
Brittany Bell was represented by counsel in a pending civil action. The opposing party attempted to serve papers directly on Brittany. The bench held that service had to be made on her attorney under the governing rule unless the court ordered otherwise.
Blake Butler offered evidence that a well-known local landmark was generally known within the trial court's territorial jurisdiction. The bench took judicial notice of the fact without requiring further proof.
A judge scheduled to preside over an impending high-profile trial made public comments about the likely outcome. The bench ruled that the statements violated the prohibition on public remarks that might reasonably affect the fairness of a pending matter.
Beatrice Brown, an attorney, received a court order requiring disclosure of client information. The bench held that the disclosure was authorized to comply with the court order under the applicable professional conduct rule.
The term refers to the physical seat occupied by a judge and, by extension, to the judge or the court itself.
Supporting sources
The bench examines the parties' intent and the nature of the promise to decide whether it was independent of the conveyance and therefore not merged into the deed.
Yes. The bench preserves the right to a jury trial in suits at common law where the amount in controversy exceeds twenty dollars.
When a party is represented by counsel, the bench requires service on the attorney unless the court orders service directly on the party.
The bench may take judicial notice of a fact that is generally known within the trial court's territorial jurisdiction.
The bench prohibits a judge from making any public statement that might reasonably be expected to affect the outcome or impair the fairness of a pending or impending matter.
The bench may permit disclosure when necessary to comply with other law or a court order.
…provision and in judicial decisions. Congress, by a law passed at the first session after the adoption of the Constitution (the Judiciary Act), expressly gave the Supreme Court the power of issuing writs of mandamus. The words are: 'The supreme court shall also have appellate jurisdiction ... and shall have power to issue…