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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.
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