I feel like I'm in a constant state of 'motion to compel' more sleep.

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Legal Definitions - Upper Bench

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Definition of Upper Bench

The term Upper Bench refers to a superior court or a court of higher jurisdiction within a judicial system. These courts typically possess the authority to review decisions made by lower courts, interpret laws, and establish legal precedents that lower courts must follow. They are distinct from "lower bench" courts, which handle initial trials and often less complex matters.

Here are some examples illustrating the concept of an Upper Bench:

  • Example 1: State Supreme Court Review

    Imagine a situation where a person is convicted of a crime in a local trial court. After their initial appeals to an intermediate appellate court are unsuccessful, their legal team believes there was a fundamental error in how the law was applied during the trial. They then petition the state's highest court, often called the State Supreme Court, to review the case.

    In this scenario, the State Supreme Court functions as the Upper Bench. It has the ultimate authority within the state's judicial system to review the decisions of the lower trial court and the intermediate appellate court, ensuring that legal principles were correctly followed and justice was served.

  • Example 2: Federal Court of Appeals Decision

    Consider a large corporation that loses a significant antitrust lawsuit in a U.S. District Court (which is a federal trial court). The corporation believes the District Court misinterpreted key federal antitrust statutes. They decide to appeal the decision to the U.S. Court of Appeals for their specific judicial circuit.

    Here, the U.S. Court of Appeals serves as the Upper Bench within the federal system. It stands above the District Courts, reviewing their legal interpretations and factual findings to ensure consistency and proper application of federal law across the circuit.

Simple Definition

Upper Bench refers to a superior court or the judges presiding over it. This term distinguishes higher courts, which possess greater authority and jurisdiction, from lower or inferior courts within a judicial system.

The difference between ordinary and extraordinary is practice.

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