A trial before a judge without a jury. • The judge decides questions of fact as well as questions of law. — Also termed trial to the bench; nonjury trial; court trial; trial before the court (abbr. TBC); judge trial. [Cases: Criminal Law 247–260.13; Federal Civil Procedure 2251; Trial 367–387. C.J.S. Trial §§ 1018–1072.]
bench warrant. A writ issued directly by a judge to a law-enforcement officer, esp. for the arrest of a person who has been held in contempt, has been indicted, has disobeyed a subpoena, or has failed to appear for a hearing or trial. • A bench warrant is often issued for the arrest of a
bench memo. 1. A short brief submitted by a lawyer to a trial judge, often at the judge’s request. 2. A legal memorandum prepared by an appellate judge’s law clerk to help the judge in preparing for oral argument and perhaps in drafting an opinion. • A trial-court judge may similarly assign a bench memo
private judging. A type of alternative dispute resolution whereby the parties hire a private individual to hear and decide a case. • This process may occur as a matter of contract between the parties or in connection with a statute authorizing such a process. — Also termed rent-a-judging. “In contrast [to arbitration], private judging is
question of fact. 1. An issue that has not been predetermined and authoritatively answered by the law. • An example is whether a particular criminal defendant is guilty of an offense or whether a contractor has delayed unreasonably in constructing a building. 2. An issue that does not involve what the law is on a
jeopardy. The risk of conviction and punishment that a criminal defendant faces at trial. • Jeopardy attaches in a jury trial when the jury is empaneled, and in a bench trial when the first witness is sworn. — Also termed legal jeopardy. See DOUBLE JEOPARDY. [Cases: Double Jeopardy 59. C.J.S. Criminal Law §§ 213, 218.]
question of fact 事实问题 指有争议的事实，通常由陪审团来认定，在无陪审团参加审判〔bench trial〕时，由法官认定。在上诉审中，一般不再审查事实问题。
habeas corpora juratorum (hay-bee-[schwa]s kor-p[schwa]r-[schwa] juur-[ schwa]-tor-[schwa]m). [Law Latin “that you have the bodies of the jurors”] Hist. A writ commanding the sheriff to bring in jurors and, if necessary, to take their lands and goods as security to ensure their attendance in court for a trial setting. • This writ issued from the Court
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coram vobis (kor-[schwa]m voh-bis), n. [Latin “before you”] Hist. 1. A writ of error directed to a court other than the King’s Bench, esp. the Court of Common Pleas, to review its judgment. “Certain errors in the process of the court, committed by the defaults of the clerks, or as to matters of fact, could