Undermost. 2. — The court below is an inferior court, whose proceedings may be ex- amined on error by a superior court, which is called the court above. 3. — Bail Ix.dow is that given to the sheriff in bailable actions, which is so called to distinguish it from bail t…
A guide to Below
2. — The court below is an inferior
court, whose proceedings may be ex-
amined on error by a superior court,
which is called the court above.
3. — Bail Ix.dow is that given to the
sheriff in bailable actions, which is so
called to distinguish it from bail to the
action, which is called bail above. See
Above ; lin 'd above ; liail bclotr.
BENCH, a seat of justice. Figura-
tively, the office ol^a judge, os the
bench and the bar. One of the supe-
rior courts in England is called the
Court of the King’s Bench. The
King’s Bench prison is a prison belong-
ing and connected with that court.
2. — Bench was the name of an an-
cient English court. This court was
probably erected in aid of the curia
regie , (q. v.) 1 Reev. Hist. 40, 4to cd.
Bench warrant, crim, law. The
name of a process sometimes given to
an attachment issued by order of a
criminal court, against an individual
for some contempt, or for the purpose
of arresting a person accused ; the lat-
ter is seldom granted unless when a
true bill has been found.
BEN CHER, English law. A bencher
is a senior in the inns of court, entrust-
ed with their government and direction.
Vol. i. — 23
BENEFICE, cedes. law, is in its
most extended sense, any ecclesiastical
preferment or dignity ; but in its more
limited sense, it is applied only to
rectories and vicarages.
Why Below is relevant in U.S. law
Below appears in U.S. legal practice across multiple practice areas. Knowing what it means — and when it applies — can determine the outcome of motions, filings, and negotiations. For non-lawyers, the value of looking up a precise definition is that legal terms often carry meanings that differ from everyday usage; relying on the common meaning can lead to costly missteps.
When and how Below applies
In practice, Below is invoked when parties, judges, or attorneys need to identify the legal status of an issue, the rights of those involved, or the procedural step required next. The definition shown above is sourced from Bouvier's Law Dictionary (1856) , which is widely cited in U.S. legal practice. Because U.S. law is jurisdictionally layered — federal, state, and sometimes local — the precise application of the term can vary by court, so check the controlling authority for your specific case.