Legal Terms Starting With B
Bad Faith
Intent to deceive. A person who intentionally tries to deceive or mislead another in order to gain some advantage. - (see expanded definition at duhaime.org)
Bail
Criminal law: a commitment made (and possibly secured by cash or property) to secure the release of a person being held in custody and suspected of a crime, to provide some kind of guarantee that the suspect will appear to answer the charges at some later date. - (see expanded definition at duhaime.org)
Bailee
The person who receives property through a contract of bailment, from the bailor, and who may be committed to certain duties of care towards the property while it remains in his or her possession - (see expanded definition at duhaime.org)
Bailment
The transfer of possession of something (by the bailor) to another person (called the bailee) for some temporary purpose (eg. repair or storage) after which the property is either returned to the bailor or otherwise disposed of in accordance with the contract of bailment. - (see expanded definition at duhaime.org)
Bailor
The person who temporarily transfers possession of property to another, the bailee, under a contract of bailment. - (see expanded definition at duhaime.org)
Bait and Switch
a deceptive marketing scheme resorted to by consumer good vendors when they advertise a genuine product and offer it in the store, but... - (see expanded definition at duhaime.org)
Balance of Probabilities
Burden of proof in civil trials. - (see expanded definition at duhaime.org)
Bankruptcy
The formal condition of an insolvent person being declared bankrupt under law. - (see expanded definition at duhaime.org)
Bare trust
A trust that has become passive for the trustee because all the duties the settlor may have imposed upon the trustee have been performed or any conditions or terms have come to fruition, such as there is no longer any impediment to the transfer of the property to the beneficiary. - (see expanded definition at duhaime.org)
Barrator
A person who, on more than one occasion, incites litigation or spreads false rumours. - (see expanded definition at duhaime.org)
Barrister
A litigation specialist; a lawyer that restricts his or her practice to the court room. - (see expanded definition at duhaime.org)
Bastard
An illegitimate child, born in a relationship between two persons that are not married (ie. not in wedlock) or who are not married at the time of the child’’s birth. - (see expanded definition at duhaime.org)
Battery
Offensive and intentional contact, direct or indirect, which causes injury. - (see expanded definition at duhaime.org)
Bawdy-house
Bawdy-House: a brothel; an establishment of ill repute - within which occur acts of prostitution or lewd sex. - (see expanded definition at duhaime.org)
Bench
A judge in court session. - (see expanded definition at duhaime.org)
Beneficiary
In a legal context, a 'beneficiary' usually refers to the person for whom a trust has been created. - (see expanded definition at duhaime.org)
Bequeath or Bequests
Gift of personal property or chattels by will. - (see expanded definition at duhaime.org)
Berne Convention
An international copyright treaty called the Convention for the Protection of Literary and Artistic Works signed at Berne, Switzerland in 1886 (amended several times and as late as 1971) and to which now subscribe 77 nations including all major trading countries including China, with the notable exception of Russia. It is based on the principle of national treatment. - (see expanded definition at duhaime.org)
Bigamy
Being married to more than one person at the same time. This is a criminal offence in most countries. - (see expanded definition at duhaime.org)
Bill
A proposed statute, not yet approved. - (see expanded definition at duhaime.org)
Bill of Attainder
Conviction and sentence to death by statute, as opposed resulting from trial. - (see expanded definition at duhaime.org)
Bill of exchange
A written order from one person (the payor) to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at some fixed future date, a certain sum of money, to either the person identified as payee or to any person presenting the bill of exchange. - (see expanded definition at duhaime.org)
Bill of lading
A document that a transport company possesses acknowledging that it has received goods, and serves as title for the purpose of transportation. - (see expanded definition at duhaime.org)
Binder
A formal statement or written certification of an insurance policy. - (see expanded definition at duhaime.org)
Blind trust
A trust set up by a settlor who reserves the right to terminate the trust but other than that, agrees to assert no power over the trust, which is administered without account to the beneficiary/settlor or the retention of any other measure of control over the trust's administration. - (see expanded definition at duhaime.org)
Blue Sky Law
An American law term that refers to government controls, through statutes, of the sale of securities to the public. - (see expanded definition at duhaime.org)
Blockbusting
Attempt to manipulate sale prices of real property by making representations as to crime rate or ethnic ratios. - (see expanded definition at duhaime.org)
Bona vacantia
Property that belongs to no person, and which may be claimed by a finder. - (see expanded definition at duhaime.org)
Born Alive
A child born and independently breathing or with a heart beat. - (see expanded definition at duhaime.org)
Born out of wedlock
Born of parents who were not married at the time of birth. - (see expanded definition at duhaime.org)
Breach of contract
A failure of a party to a contract to perform his or her obligations as agreed to within the contract. - (see expanded definition at duhaime.org)
Breach of trust
Any act or omission on the part of the trustee which is inconsistent with the terms of the trust agreement or the law of trusts. - (see expanded definition at duhaime.org)
Break and Enter
A burglary; to break and enter onto another's premises, land or real property with the intent to there commit a crime, most typically theft - (see expanded definition at duhaime.org)
Buggery
Synonymous with sodomy and referring to 'unnatural' sex acts, including copulation, either between two persons of the same sex or between a person and an animal (the latter act also known as 'bestiality'). - (see expanded definition at duhaime.org)
Burden of proof
A rule of evidence that makes a person prove a certain thing or the contrary will be assumed by the court. - (see expanded definition at duhaime.org)
Burglary
Breaking and entering a residence for the intention of committing a crime or while lawfully within, commit a crime and to thereafter break out. - (see expanded definition at duhaime.org)
But for
A test in tort law linking the tort and the damages (aka causation), which are stated as: but for the defendant's negligence, the plaintiff would not have been injured. - (see expanded definition at duhaime.org)
By-law
A municipal, local or corporate rule or regulation. - (see expanded definition at duhaime.org)
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