Glossary E

En Banc

A legal term meaning 'on the bench,' referring to a case heard by all the judges of a court, rather than by a smaller, rotating panel of judges. It is typically reserved for cases of exceptional importance.

A legal term meaning ‘on the bench,’ referring to a case heard by all the judges of a court, rather than by a smaller, rotating panel of judges. It is typically reserved for cases of exceptional importance.

Example: The U.S. Court of Appeals for the 9th Circuit may hear a case en banc, with all 11 active judges participating, when the case involves a significant constitutional question that conflicts with prior circuit precedent.

Common misconception: En banc hearings are the standard procedure for all appeals. They are actually quite rare; the vast majority of appellate cases are heard by standard three-judge panels, and en banc review is granted only for the most critical legal issues.