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A
B C
D E
F G
H I
J K L
M N
O P
Q R
S T
U V
W X Y Z #
Click on the first letter of the
word from the list above to go to the appropriate
section of the glossary.
- B -
Bad faith: Intention to mislead or deceive;
conscious refusal to fulfill some duty. Implies active
ill will, as opposed to negligence. Bad faith is not
bad judgment; it requires conscious wrongdoing. Bail:
Money or other security (such as a bail bond) provided
to the court to temporarily allow a person's release
from jail and assure their appearance in court.
"Bail" and "bond" are often used
interchangeably.
Bail Bond: An obligation signed by the
accused to secure his or her presence at the trial.
This obligation means that the accused may lose money
by not properly appearing for the trial. Often
referred to simply as bond.
Bailiff: Court officer responsible for
keeping order in the court, custody of the jury, and
custody of prisoners while in court.
Bankruptcy: Refers to statutes and judicial
proceedings involving persons or businesses that
cannot pay their debts and seek the assistance of the
court in getting a fresh start. Under the protection
of the bankruptcy court, debtors may be released from
or "discharged" from their debts, perhaps by
paying a portion of each debt. Bankruptcy judges
preside over these proceedings. The person with the
debts is called the debtor and the people or companies
to whom the debtor owes money to are called creditors.
Bar: 1. Historically, the partition
separating the general public from the space occupied
by the judges, lawyers, and other participants in a
trial. 2. More commonly, the term means the whole body
of lawyers.
Bar Examination: A state examination taken
by prospective lawyers in order to be admitted and
licensed to practice law.
Battery: The unlawful use of force resulting
in the injury of another. Battery always includes
assault. See assault.
Bench: The seat occupied by the judge. More
broadly, the court itself.
Bench Trial or Non-jury Trial: Trial before
a judge and without a jury. In a bench trial, the
judge decides questions of law and questions of fact.
Bench Warrant: An order issued by a judge
for the arrest of a person.
Beneficiary: Someone named to receive
property or benefits in a will. In a trust, a person
who is to receive benefits from the trust.
Bequeath: To give a gift to someone through
a will.
Bequests: Gifts made in a will.
Best Evidence: The most direct evidence
possible, such as producing an original document to
prove that the document exists and what it states. A
copy of a document or testimony by a witness would be
"secondary evidence." The best evidence rule
prohibits the introduction of secondary evidence
unless best evidence cannot be obtained, so long as
the party seeking to introduce the secondary evidence
is not at fault in making the best evidence incapable
of being obtained.
Beyond a Reasonable Doubt: The standard in a
criminal case requiring that the jury be satisfied to
a moral certainty that every element of a crime has
been proven by the prosecution. This standard of proof
does not require that the state establish absolute
certainty by eliminating all doubt, but it does
require that the evidence be so conclusive that all
reasonable doubts are removed from the mind of the
ordinary person.
Bill of Particulars: A statement of the
details of the charge made against the defendant.
Binding Authority: Law that controls the
outcome of a case. For example, a decision on the same
point of law by a higher court in the same state must
be followed by a lower court in that state. See
precedent.
Bind Over: To hold a person for trial on
bond (bail) or in jail. If the judicial official
conducting a hearing finds probable cause to believe
the accused committed a crime, the official will bind
over the accused, normally by setting bail for the
accused's appearance at trial.
Booking: The process of photographing,
fingerprinting, and recording identifying data of a
suspect. This process follows the arrest.
Breach of Contract: Failure, without legal
excuse, to perform all or some of the promises made in
a contract.
Brief: Written document, usually prepared by
an attorney, submitted to the court about a case,
containing summaries of the facts of the case,
relevant laws, and an argument showing how the laws
support that party's position.
Burden of Proof or Standard of Proof: Degree
of proof required in a specific kind of case to
prevail. In the majority of civil cases, it is proof
by a preponderance of the evidence.
Bystander: In products liability law, a
person who neither buys nor uses a product, but who
nevertheless is injured by the product and may have a
cause of action.
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