The Upper Bench, also known as bancus superior, is a type of court or tribunal in English law. During the Protectorate period, the King’s Bench was referred to as the Upper Bench. It is abbreviated as b.s. and also known as bancus publicus, meaning “public bench”.
In English law, a court or tribunal known as bancus superior is referred to as an upper bench. For instance, during the Protectorate (1653-1659), the King’s Bench, also known as bancus regis, served as a type of upper bench. Similarly, the court of bancus publicus, or public bench, had the responsibility of hearing cases related to debt and bankruptcy. These examples demonstrate that the term “upper bench” denotes a specific type of court or tribunal in English law. Both the King’s Bench and bancus publicus were considered upper benches, each with their own distinct responsibilities and jurisdictions.
– The upper bench refers to the higher level of courts in a judicial system, typically consisting of appellate courts or supreme courts.
– The upper bench serves as an appellate body that reviews decisions made by lower courts. Its primary function is to ensure the correct application of the law and provide a mechanism for appeals.
– A case can reach the upper bench through the process of appeal. If a party is dissatisfied with the decision of a lower court, they can file an appeal to have the case reviewed by the upper bench.
– The upper bench typically hears appeals from lower courts, including civil, criminal, and administrative cases. These appeals may involve questions of law, errors in procedure, or issues of constitutional importance.
– The number of judges on the upper bench can vary depending on the jurisdiction. In some countries, it may consist of a panel of multiple judges, while in others, it may be a single judge.
– In some cases, decisions made by the upper bench can be appealed to a higher court, such as a constitutional court or a court of last resort. However, the availability of further appeals depends on the specific legal system and its hierarchy of courts.
– The time it takes for a case to be heard in the upper bench can vary significantly. It depends on factors such as the complexity of the case, the workload of the court, and the jurisdiction’s legal procedures. It can range from a few months to several years.
– While it is possible to represent yourself in the upper bench, it is generally advisable to seek legal representation. The upper bench operates under complex legal rules and procedures, and having a qualified lawyer can greatly enhance your chances of success.
– If the upper bench overturns a lower court’s decision, it means that the original decision is no longer valid. The case may be sent back to the lower court for a retrial or further proceedings, or the upper bench may render a new decision.
– Yes, the decisions of the upper bench are typically binding on lower courts within the same jurisdiction. Lower courts are expected to follow the legal principles established by the upper bench unless there are exceptional circumstances or subsequent changes in the law.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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