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A bench trial is a trial by judge, as opposed to a jury. [1] 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 trials for most or all cases or for certain types of cases.
Anywhere Real Estate, Inc. RE/MAX, LLC; Jurors found that all the defendants in the case "knowingly and voluntarily" engaged in a conspiracy with the goal of "raising, inflating, or stabilizing broker commission rates paid by home sellers" by following and enforcing NAR's cooperative compensation rule.
At the close of discovery, the parties may either pick a jury and then have a trial by jury or the case may proceed as a bench trial. A bench trial is only heard by the judge if the parties waive a jury trial or if the right to a jury trial is not guaranteed for their particular claim (such as those under equity in the U.S.) or for any lawsuits ...
In Georgia, each county has a chief magistrate, elected by the voters of the county, who has the authority to hold preliminary hearings in criminal cases, conduct bench trials for certain misdemeanor offenses, including deposit account fraud (bad checks), grant bail (except as to very serious felony charges), and preside over a small claims court for cases where the amount in controversy does ...
giving an incorrect legal instruction to a jury, failure to declare a mistrial when continuing with trial amounts to a denial of due process, or; conversely, granting a mistrial in a criminal case if the defendant objects, unless the grant was necessary to correct manifest injustice. hearing a case the court does not have jurisdiction to hear.
Rumsey, 467 U.S. 203 (1984), it was ruled that in a bench trial, when a judge was holding a separate hearing after the jury trial, to decide if the defendant should be sentenced to death or life imprisonment, the judge decided that the circumstances of the case did not permit death to be imposed. On appeal, the judge's ruling was found to be ...
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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 ...