En Banc

ahn BAHNK

French: 'on the bench.' A hearing or rehearing before all the judges of an appellate court rather than the usual three-judge panel.

Plain-English definition

Federal circuit courts of appeals normally hear cases in three-judge panels. En banc review brings the entire active court together to rehear a case — typically reserved for matters of exceptional importance or to resolve intra-circuit conflicts. Granted only by majority vote of the active judges and is rare.

More in Appellate Practice

Abuse of Discretion

A deferential appellate standard used when reviewing many trial-management and discretionary decisions.

Affirm

An appellate court's confirmation that the lower court's decision was correct and should stand.

Amicus Curiae

Latin: 'friend of the court.' A non-party who files a brief offering perspective or expertise on a legal question before the court.

Certiorari

A discretionary appellate review, especially the U.S. Supreme Court's review of decisions from lower courts.

Clear Error

A deferential standard for reviewing factual findings, reversed only when the appellate court is firmly convinced a mistake was made.

De Novo Review

An appellate standard where the reviewing court gives no deference to the lower court’s legal conclusion.

Dictum

A statement in a court opinion that is not necessary to the holding and therefore not binding precedent.

Final Judgment Rule

The principle that appeals usually wait until the trial court has entered a final decision resolving the whole case.

Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.