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A
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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 wrong doing.
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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