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Glossary of Personal Injury Law Terms
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Legal Glossaries Main Page
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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. |
