Legal Terms- B Flashcards Preview

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Flashcards in Legal Terms- B Deck (25):
1

BAIL

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.

2

BAILEE

One to whom personal property is delivered under a contract of bailment.

3

BAILMENT

Delivery of personal property to another to be held for a certain purpose and to be returned when the purpose is accomplished.

4

BAILOR

The party who delivers goods to another, under a contract of bailment.

5

BANC (OR BANK)

Bench; the place where a court sits permanently or regularly; also the assembly of all the judges of a court.

6

BANKRUPT

An insolvent person, technically, one declared to be bankrupt after a bankruptcy proceeding.

7

BAR

The legal profession.

8

BARRATRY

Exciting groundless judicial proceedings.

9

BARTER

A contract by which parties exchange goods for other goods.

10

BATTERY

Illegal interfering with another's person.

11

BEARER

In commercial law, it means the person in possession of a commercial paper which is payable to the bearer.

12

BENCH

The court itself or the judge.

13

BENEFICIARY

A person benefiting under a will, trust, or arrangement.

14

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.

15

BEQUEST

A gift of personal property under a will.

16

BILL

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.

17

BONA FIDE

In or with good faith; honestly.

18

BOND

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.

19

BOYCOTT

A plan to prevent the carrying on of a business by wrongful means.

20

BREACH

The breaking or violating of a law, or the failure to carry out a duty.

21

BRIEF

A written document, prepared by a lawyer to service as the basis of an argument upon a case in court, usually an appellate court.

22

BURDEN OF PRODUCING EVIDENCE

The obligation of a party to introduce evidence sufficient to avoid a ruling against him on the issue.

23

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.

24

BUSINESS, A

Shall include every kind of business, profession, occupation, calling, or operation of institutions, whether carried on for profit or not.

25

BY-LAWS

Regulations, ordinances, or rules enacted by a corporation, association, etc. , for its own government.