- B -
Legal
Glossaries Index
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.
