Legal Definitions - de banco

De banco is a Latin legal term that translates to "of the bench." In legal contexts, "the bench" refers to the court itself, particularly the judges who preside over it. Historically, in England, this term specifically applied to the justices of the Court of Common Pleas, highlighting their direct association with the judicial authority of that court.

Here are some examples to illustrate the meaning of de banco:

• A Judge's Formal Order: Imagine a situation where a judge issues a formal directive, such as an order compelling a witness to testify or demanding the production of specific documents. This order is considered an action de banco because it originates directly from the authority of the court and the presiding judge.

  Explanation: The order is "of the bench" because it is a direct command from the judicial authority, reflecting the power and decision-making capacity of the court itself.

• Specialized Court Proceedings: Consider a complex legal case, perhaps an appeal, that is heard directly by a panel of appellate judges without a jury. The proceedings in such a court could be described as being handled de banco, emphasizing that the matter is being decided solely by the judicial body.

  Explanation: This example illustrates the term by showing a scenario where the entire decision-making process rests with "the bench"—the judges—rather than involving other parties like a jury.

• Historical Judicial Status: In historical legal systems, a judge who held a permanent position on a high court, rather than serving as an itinerant judge or a temporary commissioner, might have been referred to as a justice de banco. This distinguished their fixed and central role within the established judicial structure.

  Explanation: Here, de banco signifies the judge's direct and established connection to the main judicial "bench" or court, differentiating them from other legal officials who might have had less permanent or central roles.