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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 ...
In most common law jurisdictions, the trial court often sits with a jury and one judge; in such jury trials, the jury acts as trier of fact. In some cases, the judge or judges act as triers of both fact and law, by either statute, custom, or agreement of the parties; this is referred to as a bench trial .
A bench trial for a man accused of killing a New Jersey teen in Middle Smithfield Township is set to start Wednesday.. The now-22-year-old Tyrone Parson, of Stroudsburg, is accused of fatally ...
Ibarra, 26, declined his right to a jury trial in favor of a bench trial, in which the judge decides the verdict. ... Republicans seized on the case as an example of the danger they said Biden’s ...
If the earlier trial is a fraud, double jeopardy will not prohibit a new trial because the party acquitted has prevented themselves from being placed into jeopardy to begin with. One such case is the trial of Harry Aleman, who was tried and acquitted in 1977 in Cook County, Illinois for the September 1972 death of William Logan. Nearly 20 years ...
A bench memorandum (pl. bench memoranda) (also known as a bench memo) is a short and neutral memorandum that summarizes the facts, issues, and arguments of a court case. Bench memos are used by the judge as a reference during preparation for trial, the hearing of lawyers' arguments, and the drafting of a decision and also to give the judge an ...
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.