Full Court

Full Court

A Full Court (or "full bench") refers to a court consisting of a greater-than-normal number of judges. Thus, in relation to a court usually presided over by a single judge, a Full Court would comprise a bench of three (or more) judges; for a court which, like many appellate courts, normally comprises three judges, a Full Court of that court would involve a bench of five (or more) judges. The expression originated in England but seems largely to have fallen into disuse there; however it is still used in Scotland [E.g., in the Court of Criminal Appeal.] and in many other Commonwealth jurisdictions such as Australia [See, for example, the [http://www.austlii.edu.au/au/legis/cth/consol_act/ja1903112/ Judiciary Act 1903 (Aust.)] section 19 in relation to the High Court of Australia. ] and New Zealand [See the [http://www.legislation.govt.nz/act/public/1908/0089/latest/DLM144693.html?search=ts_act_judicature&sr=1 Judicature Act 1908 (NZ)] .] . Although possible, a Full Court typically [Exceptions being where the participation of all the appointed judges is the usual composition for main hearings, as with the High Court of Australia.] does not involve the participation of "all" the existing judges of the court (a practice known, in the United States, as the court sitting "en banc").

The term reflects the practice, before permanent appeal courts were established, of appeals from decisions of trial courts being heard by several judges of the same court (excluding the judge who gave the decision appealed from). Technically, a judgment of a Full Court is at the same level of the judicial hierarchy as the decision appealed from, and under the doctrine of precedent may [Depending on how the doctrine of precedent applies to the particular court.] not bind future courts at that level; however the greater number of judges involved and the fact that it is an appeal may make it almost as persuasive, in practice, as a judgment of the same number of judges in a higher court.

The historical trend to create separate courts of appeal, with permanent rather than "ad hoc" appellate judges, has reduced the need for the use of Full Courts. However they are still sometimes found in cases of great significance where there is either no possibility or no likelihood of a further appeal. [Recent (rare) examples at the level of the House of Lords include the [http://www.bailii.org/uk/cases/UKHL/1999/17.html second Pinochet extradition case] and the [http://www.bailii.org/uk/cases/UKHL/2005/71.html challenge to the use of evidence obtained by torture] , in both of which a panel of seven judges sat rather than the usual five.]

References


Wikimedia Foundation. 2010.

См. также в других словарях:

  • full court — n: a court with all or the required number of the judges present – called also full bench; compare en banc, panel Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • full court — In practice, a court en banc. A court duly organized with all the judges present. Court containing permissible complement of judges, as distinguished from a lesser quorum or panel. Textile Mills Securities Corporation v. Commissioner of Internal… …   Black's law dictionary

  • full court — In practice, a court en banc. A court duly organized with all the judges present. Court containing permissible complement of judges, as distinguished from a lesser quorum or panel. Textile Mills Securities Corporation v. Commissioner of Internal… …   Black's law dictionary

  • full court — /fʊl ˈkɔt/ (say fool kawt) noun 1. a court, especially an appellate court, consisting of not less than a prescribed quorum of judges sitting together. 2. → full bench …   Australian-English dictionary

  • full court — Same as full bench …   Ballentine's law dictionary

  • full-court press — n [singular] 1.) a method of defending in a strong way in ↑basketball 2.) AmE informal the use of pressure or influence by several groups on someone ▪ The DEA and the Justice Department put a full court press on the drug barons …   Dictionary of contemporary English

  • full-court press — noun singular 1. ) a method of playing basketball in which one team puts pressure on their opponents in all parts of the COURT 2. ) AMERICAN INFORMAL the use of strong pressure to get what you want …   Usage of the words and phrases in modern English

  • full-court press — full′ court press′ n. 1) spo a basketball defense in which the team without the ball pressures the opponent the entire length of the court 2) inf a vigorous attack or offensive; strong pressure • Etymology: 1950–55 …   From formal English to slang

  • full-court press — [fool′kôrt΄] n. Basketball a PRESS1 (n. 8) over the entire length of the court …   English World dictionary

  • Full-court press — A full court press is a basketball term that refers to a defensive style in which the defense applies man to man or zone defense to pressure the offensive team the entire length of the court before and after the inbound pass. Some presses attempt …   Wikipedia


Поделиться ссылкой на выделенное

Прямая ссылка:
Нажмите правой клавишей мыши и выберите «Копировать ссылку»