B

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. (Applies mainly to state courts.)

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

An officer of the court responsible for keeping order and maintaining appropriate courtroom decorum and has custody of the jury.

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 are called creditors.

Bankruptcy Judge

The judge who determines whether a debtor is entitled to a discharge in bankruptcy.

Bankruptcy law

The area of federal law dealing with the handling of bankrupt persons or businesses.

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 who body of lawyers.

Bar examination

A state examination taken by prospective lawyers in order to be admitted and licensed to practice law.

Battery

A beating, or wrongful physical violence. The actual threat to use force is an “assault;” the use of it is a battery, which usually includes an assault.

Bench

The seat occupied by the judge. More broadly, the court itself.

Bench trial

(Also known as court trial.) Trial without a jury in which a judge decides the facts.

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

Primary evidence; the best evidence available. Evidence short of this is “secondary.” That is, an original letter is “best evidence,” and a photocopy is “secondary evidence.”

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.

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. (This is a state court procedure.)

Bond (See bail bond.)

A written agreement by which a person insures he will pay a certain sum of money if he does not perform certain duties property.

Bound supplement

A supplement to a book or books to update the service bound in permanent form.

Booking

The process of photographing, fingerprinting, and recording identifying data of a suspect. This process follows the arrest.

Breach

The breaking or violating of a law, right, or duty, either by commission or omission. The failure of one part to carry out any condition of a contract.

Breach of contract

An unjustified failure to perform when performance is due.

Brief

A written argument by counsel arguing a case, which contains a summary of the facts of the case, pertinent laws, and an argument of how the law applies to the fact situation. Also called a memorandum of law.

Burden of proof

In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a lawsuit. The responsibility of proving a point (the burden of proof). It deals with which side must establish a point or points. (See standard of proof.)

Burglary

The act of illegal entry with the intent to steal.

Business bankruptcy

A proceeding under the Bankruptcy Code filed by a business entity.

Bylaws

Rules or laws adopted by an association or corporation to govern its actions.

A

Acceptance

The taking and receiving of anything in good faith with the intention of retaining it.

Accomplice

1. A partner in a crime.
2. A person who knowingly and voluntarily participates with another in a criminal activity.

Acknowledgment

A formal declaration before an authorized official by the person who executed an instrument that it is his free act and deed; the certificate of the official on such instrument attesting that it was so acknowledged.

Acquittal

A release, absolution, or discharge of an obligation or liability. In criminal law the finding of not guilty.

Action Case

Cause, suit, or controversy disputed or contested before a court of justice.

Additur

An increase by a judge in the amount of damages awarded by a jury.

Adjective law

Also, procedural law. That body of law which governs the process of protecting the rights under substantive law.

Adjudication

Giving or pronouncing a judgment or decree. Also the judgment given.

Administrator

1. One who administers the estate of a person who dies without a will.
2. A court official.

Admissible evidence

Evidence that can be legally and properly introduced in a civil or criminal trial.

Admonish

To advise or caution. For example the court may caution or admonish counsel for wrong practices.

Adversary proceeding

One having opposing parties such as a plaintiff and a defendant. Individual lawsuit(s) brought within a bankruptcy proceeding.

Affiant

The person who makes and subscribes an affidavit.

Affidavit

A voluntary, written, or printed declaration of facts, confirmed by oath of the party making it before a person with authority to administer the oath.

Affirmation

A solemn and formal declaration that an affidavit is true. This is substituted for an oath in certain cases.

Affirmative defense

A defense raised in a responsive pleading (answer) relating a new matter as a defense to the complaint; affirmative defenses might include contributory negligence or estopped in civil actions; in criminal cases insanity, duress, or self-defense might be used.

Affirmed

In the practice of appellate courts, the word means that the decision of the trial court is correct.

Agreement

Mutual consent.

Aid and Abet

To actively, knowingly, or intentionally assist another person in the commission or attempted commission of a crime.

Alien

A foreign-born person who has not qualified as a citizen of the country.

Allegation

-A statement of the issues in a written document (a pleading) which a person is prepared to prove in court.

Alteration

Changing or making different.

Alternative dispute resolution

Settling a dispute without a full, formal trial. Methods include mediation, conciliation, arbitration, and settlement, among others.

American Bar Association

A national association of lawyers whose primary purpose is improvement of lawyers and the administration of justice.

Answer

A formal, written statement by the defendant in a lawsuit which answers each allegation contained in the complaint.

Answers to Interrogatories

A formal written statement by a party to a lawsuit which answers each question or interrogatory propounded by the other party. These answers must be acknowledged before a notary public or other person authorized to take acknowledgments.

Appeal

A proceeding brought to a higher court to review a lower court decision.

Appeal Bond

A guaranty by the appealing party insuring that court costs will be paid.

Appearance

The act of coming into court as a party to a suit either in person or through an attorney.

Appellate court

A court having jurisdiction to hear appeals and review a trial court’s procedure.

Appellee

(See respondent) The party against whom an appeal is taken.

Arbitration

The hearing of a dispute by an impartial third person or persons (chosen by the parties), whose award the parties agree to accept.

Arbitrator

A private, disinterested person chosen by the parties in arbitration to hear evidence concerning the dispute and to make an award based on the evidence.

Arraignment

The hearing at which the accused is brought before the court to plead to the criminal charge in the indictment. He may plead “guilty,” “not guilty,” or where permitted “nolo contendere.” (See preliminary hearing.)

Arrest

To take into custody by legal authority.

Assault

Threat to inflict injury with an apparent ability to do so. Also, any intentional display of force that would give the victim reason to fear or expect immediate bodily harm.

Assignment

The transfer to another person of any property, real or personal.

Assumption of risk

A doctrine under which a person may not recover for an injury received when he has voluntarily exposed himself to a known danger.

At issue

The time in a lawsuit when the complaining party has stated their claim and the other side has responded with a denial and the matter is ready to be tried.

Attachment

Taking a person’s property to satisfy a court-ordered debt.

Attorney-at-law

An advocate, counsel, or official agent employed in preparing, managing, and trying cases in the courts.

Attorney-in-fact

A private person (who is not necessarily a lawyer) authorized by another to act in his or her place, either for some particular purpose, as to do a specific act, or for the transaction of business in general, not of legal character. This authority is conferred by an instrument in writing, called a “letter of attorney,” or more commonly “power of attorney.”

Attorney of record

The principal attorney in a lawsuit, who signs all formal documents relating to the suit.