Benchbook
Encyclopedia
A benchbook is a book providing an overview of legal procedure for a judge
. These books are used by judges while hearing cases as guides to assist in the disposition of a case
. A benchbook is not a source of substantive law but rather a guide to procedure. Benchbooks are used in conjunction with manuals on civil procedure
, criminal procedure
, and evidence
to assist the judge in trial. Benchbooks are also published on more narrow technical areas of law that may come before the judge, e.g. domestic law, public health law, etc.
The term may also apply to materials prepared in anticipation of hearing a particular case or set of cases. Such a benchbook often contains documents related to the case and relevant legal authority. This meaning is most commonly used in reference to appellate court
judges, who may prepare a benchbook for each day's argument session.
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
. These books are used by judges while hearing cases as guides to assist in the disposition of a case
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
. A benchbook is not a source of substantive law but rather a guide to procedure. Benchbooks are used in conjunction with manuals on civil procedure
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...
, criminal procedure
Criminal procedure
Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.-Basic rights:Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the...
, and evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
to assist the judge in trial. Benchbooks are also published on more narrow technical areas of law that may come before the judge, e.g. domestic law, public health law, etc.
The term may also apply to materials prepared in anticipation of hearing a particular case or set of cases. Such a benchbook often contains documents related to the case and relevant legal authority. This meaning is most commonly used in reference to appellate court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
judges, who may prepare a benchbook for each day's argument session.