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- 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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