# The authority of the gavel. **URL:** \ **Category:** Factual Questions\ **Created:** [December 22, 2007, 2:08am UTC](https://boards.straightdope.com/t/the-authority-of-the-gavel/430891 "2007-12-22T02:08:15Z")\ **Posts on this page:** 11\ **Page:** 1
**Author:** ![mangeorge](https://avatars.discourse-cdn.com/v4/letter/m/d78d45/32.png) [@mangeorge](https://boards.straightdope.com/u/mangeorge)\ **Post date:** [December 22, 2007, 2:08am UTC](https://boards.straightdope.com/t/the-authority-of-the-gavel/430891/1 "2007-12-22T02:08:15Z")
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 ---
**Author:** ![chrisk](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@chrisk](https://boards.straightdope.com/u/chrisk)\ **Post date:** [December 22, 2007, 2:13am UTC](https://boards.straightdope.com/t/the-authority-of-the-gavel/430891/2 "2007-12-22T02:13:25Z")
[QUOTE=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 [/QUOTE] 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. ---
**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\ **Post date:** [December 22, 2007, 2:33am UTC](https://boards.straightdope.com/t/the-authority-of-the-gavel/430891/3 "2007-12-22T02:33:22Z")
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!” ---
**Author:** ![Mister\_Rik](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mister_rik/32/491_2.png) [@Mister\_Rik](https://boards.straightdope.com/u/Mister_Rik)\ **Post date:** [December 22, 2007, 2:46am UTC](https://boards.straightdope.com/t/the-authority-of-the-gavel/430891/4 "2007-12-22T02:46:11Z")
How about this: Why is it called a “gavel” and not a “mallet” or “hammer”? ---
**Author:** ![mangeorge](https://avatars.discourse-cdn.com/v4/letter/m/d78d45/32.png) [@mangeorge](https://boards.straightdope.com/u/mangeorge)\ **Post date:** [December 22, 2007, 5:57am UTC](https://boards.straightdope.com/t/the-authority-of-the-gavel/430891/5 "2007-12-22T05:57:23Z")
[QUOTE=Phase42] How about this: Why is it called a “gavel” and not a “mallet” or “hammer”? [/QUOTE] It’s French. From France. ---
**Author:** ![Nametag](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nametag/32/406_2.png) [@Nametag](https://boards.straightdope.com/u/Nametag)\ **Post date:** [December 22, 2007, 6:05am UTC](https://boards.straightdope.com/t/the-authority-of-the-gavel/430891/6 "2007-12-22T06:05:19Z")
[QUOTE=mangeorge] It’s French. From France. [/QUOTE] 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.” ---
**Author:** ![Santo\_Rugger](https://avatars.discourse-cdn.com/v4/letter/s/e95f7d/32.png) [@Santo\_Rugger](https://boards.straightdope.com/u/Santo_Rugger)\ **Post date:** [December 22, 2007, 6:06am UTC](https://boards.straightdope.com/t/the-authority-of-the-gavel/430891/7 "2007-12-22T06:06:51Z")
[QUOTE=mangeorge] It’s French. From France. [/QUOTE] As opposed to French, from, say, Berkley? :smack: ---
**Author:** ![mangeorge](https://avatars.discourse-cdn.com/v4/letter/m/d78d45/32.png) [@mangeorge](https://boards.straightdope.com/u/mangeorge)\ **Post date:** [December 22, 2007, 6:14am UTC](https://boards.straightdope.com/t/the-authority-of-the-gavel/430891/8 "2007-12-22T06:14:14Z")
[QUOTE=Santo Rugger] As opposed to French, from, say, Berkley? :smack: [/QUOTE] Yeah. People in Berkeley speak french better than those in France. More authentic. Now take the French Canadians. Please. ---
**Author:** ![matt\_mcl](https://avatars.discourse-cdn.com/v4/letter/m/7ab992/32.png) [@matt\_mcl](https://boards.straightdope.com/u/matt_mcl)\ **Post date:** [December 22, 2007, 12:07pm UTC](https://boards.straightdope.com/t/the-authority-of-the-gavel/430891/9 "2007-12-22T12:07:48Z")
Incidentally, you cannot persuade TV and movie people of this, but Canadian judges do not use gavels. ---
**Author:** ![guizot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guizot/32/3636_2.png) [@guizot](https://boards.straightdope.com/u/guizot)\ **Post date:** [December 22, 2007, 12:24pm UTC](https://boards.straightdope.com/t/the-authority-of-the-gavel/430891/10 "2007-12-22T12:24:45Z")
[QUOTE=matt\_mcl] Incidentally, you cannot persuade TV and movie people of this, but Canadian judges do not use gavels. [/QUOTE] But they speak French, which is more than you can say for the judges in Berkeley. ---
**Author:** ![Tripler](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripler/32/21807_2.png) [@Tripler](https://boards.straightdope.com/u/Tripler)\ **Post date:** [December 22, 2007, 1:40pm UTC](https://boards.straightdope.com/t/the-authority-of-the-gavel/430891/11 "2007-12-22T13:40:45Z")
[QUOTE=matt\_mcl] Incidentally, you cannot persuade TV and movie people of this, but Canadian judges do not use gavels. [/QUOTE] 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.