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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.
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 ...
Commander Nanavati, accused under section 302, was initially declared not guilty by a jury, but the verdict was dismissed by the Bombay High Court and the case was retried as a bench trial. The case is often erroneously believed to be the last jury trial in India, but there were several trials afterwards that used juries, some well into the ...
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 ...
The Place of Slade's Case in the History of Contract. Law, Liberty and Parliament: Selected Essays on the Writings of Sir Edward Coke. Liberty Fund. ISBN 0-86597-426-8. Turner, Ralph V. (1977). "The Origins of Common Pleas and King's Bench". The American Journal of Legal History. 21 (3). Temple University: 238– 254. doi:10.2307/844792. ISSN ...
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial, in which a judge or panel of judges makes all decisions. Jury trials are increasingly used in a significant share of serious criminal cases in many common law judicial systems
The Supreme Court of Victoria, Australia, an example of a trial court. A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually heard by higher courts with the power of appellate review (appellate courts). Most appellate courts do not ...
Trials are conducted under a hybrid common law and civil law judicial system, but it has been argued the procedural orientation and character of the court is still evolving. [118] [119] A majority of the three judges present, as triers of fact in a bench trial, may reach a decision, which must include a full and reasoned statement. [120]