60. en banc
What is En Banc?
En banc (French for "on the bench") refers to a situation where a case is heard by all the judges of a court, rather than a smaller panel of judges. This typically occurs in appellate courts when a case is of significant importance, involves conflicting rulings, or requires a uniform interpretation of the law.
Key Features of En Banc Review:
Used in Appellate Courts – Typically applies to federal circuit courts of appeal or state appellate courts.
Overrides Panel Decisions – A decision by a smaller panel of judges may be reconsidered by the full bench.
Ensures Consistency in Law – Used to resolve conflicting precedents or address legal questions of great importance.
Rare and Selective Process – Not all cases qualify for an en banc hearing; courts typically grant them only in exceptional cases.
When is En Banc Used?
To resolve conflicting rulings within the same court.
When the case involves a matter of great public interest.
If the case has constitutional implications.
To correct a serious legal error from a prior ruling.
Example of En Banc in the U.S. Court System
In the U.S. Court of Appeals, most cases are heard by a three-judge panel. However, if a party requests and the court agrees, the case may be reheard en banc by all active judges in that circuit.
The U.S. Supreme Court always hears cases en banc, as it consists of all nine justices sitting together.
Why is En Banc Important?
Creates uniformity in legal rulings within a jurisdiction.
Clarifies complex legal issues that impact future cases.
Can overturn previous panel decisions if they were incorrect or inconsistent.
En banc hearings play a crucial role in maintaining consistency and fairness in the appellate judicial system.
Reference
1. Legal Information Institute – Rule 35. En Banc Determination
Explanation: This page provides the official text of Rule 35 of the Federal Rules of Appellate Procedure, which outlines the procedures for en banc hearings in federal appellate courts.
2. Merriam-Webster Dictionary – En Banc
Explanation: Offers the definition of "en banc," explaining its meaning as "in full court" and its usage in legal contexts.
3. The Federalist Society – What is En Banc?
Explanation: A video explanation discussing the concept of en banc hearings, including when and why they occur in the appellate process.
4. Fourth Circuit Court of Appeals – Rehearing & Rehearing En Banc
Explanation: Details the procedures for requesting a rehearing or rehearing en banc in the Fourth Circuit, including filing deadlines and requirements.
5. Wikipedia – En Banc
Explanation: Provides an overview of en banc proceedings, including definitions, historical context, and examples from various jurisdictions.
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