Flashcards in Legal Terms- B Deck (25):
To obtain the release of a person from legal custody by giving security and promising that he shall appear in court; to deliver (goods, etc.) in trust to a person for a special purpose.
One to whom personal property is delivered under a contract of bailment.
Delivery of personal property to another to be held for a certain purpose and to be returned when the purpose is accomplished.
The party who delivers goods to another, under a contract of bailment.
BANC (OR BANK)
Bench; the place where a court sits permanently or regularly; also the assembly of all the judges of a court.
An insolvent person, technically, one declared to be bankrupt after a bankruptcy proceeding.
The legal profession.
Exciting groundless judicial proceedings.
A contract by which parties exchange goods for other goods.
Illegal interfering with another's person.
In commercial law, it means the person in possession of a commercial paper which is payable to the bearer.
The court itself or the judge.
A person benefiting under a will, trust, or arrangement.
THE BEST EVIDENCE RULE
Except as otherwise provided by statute, no evidence other than the writing itself is admissible to prove the content of a writing. This section shall be known and may be cited as the best evidence rule.
A gift of personal property under a will.
A formal written statement of complaint to a court of justice; also, a draft of an act of the legislature before it becomes a law; also, accounts for goods sold, services rendered, or work done.
In or with good faith; honestly.
An instrument by which the maker promises to pay a sum of money to another, usually providing that upon performances of a certain condition the obligation shall be void.
A plan to prevent the carrying on of a business by wrongful means.
The breaking or violating of a law, or the failure to carry out a duty.
A written document, prepared by a lawyer to service as the basis of an argument upon a case in court, usually an appellate court.
BURDEN OF PRODUCING EVIDENCE
The obligation of a party to introduce evidence sufficient to avoid a ruling against him on the issue.
BURDEN OF PROOF
The obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of a fact or the court. The burden of proof may require a party to raise a reasonable doubt concerning the existence of nonexistence of a fact or that he establish the existence of nonexistence of a fact by a preponderance of the evidence, by clear and convincing proof, or by proof beyond a reasonable doubt.
Except as otherwise provided by law, the burden of proof requires proof by a preponderance of the evidence.
Shall include every kind of business, profession, occupation, calling, or operation of institutions, whether carried on for profit or not.