The authority of the gavel.

[mangeorge]

Does the banging of the gavel have any legal authority, or is it merely ceremonial?
What I mean is, if a judge doesn't bang it, does the decision stand nevertheless? Could the person demand a retrial based on the judge's omission?
Also, is "bang" the right word? Sounds kinda crude. I offer "whack" instead.
Peace,
mangeorge

[chrisk]

Originally Posted by mangeorge

Does the banging of the gavel have any legal authority, or is it merely ceremonial?
What I mean is, if a judge doesn't bang it, does the decision stand nevertheless? Could the person demand a retrial based on the judge's omission?
Also, is "bang" the right word? Sounds kinda crude. I offer "whack" instead.
Peace,
mangeorge

Well, I have no legal knowledge or real cites... but I hope you don't mind if I offer a WAG on an interesting question.

Probably the use of the gavel to 'punctuate rulings and proclamations' in a court is only a matter of custom, not a legal requirement. However, if it is being struck by the judge to call for attention or encourage compsure among the population of a courtroom, ignoring it could be construed as showing contempt for the court.

[RealityChuck]

The gavel doesn't have any bearing on the legalities of the case. The few times I've been in courtrooms, the judge never used it. It could be used to signal a session is over, or to get the attention of the gallery, but is just a dignfied way for the judge to do the equivalent of shouting, "Hey, you!"

[Mister Rik]

How about this: Why is it called a "gavel" and not a "mallet" or "hammer"?

[mangeorge]

Originally Posted by Phase42

How about this: Why is it called a "gavel" and not a "mallet" or "hammer"?

It's French. From France.

[Nametag]

Originally Posted by mangeorge

It's French. From France.

No, it isn't. "Middle English, from Old English gafol; akin to Old English giefan to give." (Merriam-Webster).

The French word is "marteau," I'm told. Rather like the Latin-derived "mallet."

[Santo Rugger]

Originally Posted by mangeorge

It's French. From France.

As opposed to French, from, say, Berkley?

[mangeorge]

Originally Posted by Santo Rugger

As opposed to French, from, say, Berkley?

Yeah. People in Berkeley speak french better than those in France. More authentic.
Now take the French Canadians.
Please.

[matt_mcl]

Incidentally, you cannot persuade TV and movie people of this, but Canadian judges do not use gavels.

[guizot]

Originally Posted by matt_mcl

Incidentally, you cannot persuade TV and movie people of this, but Canadian judges do not use gavels.

But they speak French, which is more than you can say for the judges in Berkeley.

[Tripler]

Originally Posted by matt_mcl

Incidentally, you cannot persuade TV and movie people of this, but Canadian judges do not use gavels.

Yeah they do! It was in Strange Brew, made nigh on twenty-five years ago. A Canadian judge, in a Canadian film!

Tripler
And the judge speaks more French than those in Berkeley.