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Simple English definitions for legal terms
Ben Avon Doctrine
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A quick definition of Ben Avon Doctrine:
Ben Avon Doctrine: A rule that says public utilities have the right to ask a judge to review the prices set by a public-service commission. This is because of the principle of due process, which means everyone has the right to a fair legal process. The Ben Avon Doctrine comes from a court case called Ohio Valley Water Co. v. Borough of Ben Avon, which was decided in 1920.
Bench: The raised area in a courtroom where the judge sits. It can also refer to the judges of a particular court or the judges collectively. When someone says "approach the bench," they mean to come closer to the judge's area in the courtroom. "Remarks from the bench" means comments made by the judge during a court proceeding.
A more thorough explanation:
The Ben Avon Doctrine is a legal principle that states that public utilities have the right to challenge the rates set by public-service commissions through judicial review. This principle is based on the idea that due process should be followed in setting rates for public utilities.
For example, in the case of Ohio Valley Water Co. v. Borough of Ben Avon, the Supreme Court ruled that the Ben Avon Borough in Pennsylvania could not set rates for the Ohio Valley Water Company without providing due process and allowing for judicial review.
The term "bench" can also refer to:
- The raised area in a courtroom where the judge sits
- The judges of a particular court
- Judges collectively
For instance, a lawyer might approach the bench to speak with the judge during a trial. Or, a judge might make remarks from the bench during a hearing. The term "bench and bar" refers to the judges and lawyers who work in a particular court.