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.