Legal Definitions - banc

Banc refers to the bench, specifically the seat or collective body of judges in a court. It is most commonly encountered in the phrase "en banc," which describes a situation where all the judges of a court, or a significant number of them, hear a case together, rather than a smaller panel of judges. This ensures a consistent interpretation of the law within that court's jurisdiction.

• Example 1: Federal Appellate Court Rehearing

  After a three-judge panel of a U.S. Court of Appeals issues a ruling, the losing party might petition for a rehearing by the full court, arguing that the panel's decision conflicts with prior precedent. If the petition is granted, the entire active membership of the Court of Appeals will hear the case again.

  This process is known as sitting "en banc," meaning the case is heard by the full "banc" or bench of judges, not just a smaller panel. This ensures a consistent interpretation of the law within that circuit.

• Example 2: State Supreme Court Deliberation

  The Supreme Court of a particular state is preparing to hear oral arguments on a complex constitutional question that has significant implications for the state's residents, such as the legality of a new voting law.

  When all the justices of the state's highest court gather to hear the arguments and deliberate on such a case, they are collectively referred to as the "banc." Their unified decision, representing the full court, carries the highest authority within the state's judicial system.

• Example 3: Historical Judicial Practice

  A legal historian might discuss how, in certain older judicial systems, particularly grave matters or appeals from lower courts were always reserved for the full assembly of judges, rather than individual magistrates.

  In this context, referring to the "banc" emphasizes that the decision was made by the entire judicial "bench" or collective body of judges, underscoring the weight and finality of the court's ruling when all its members were involved.