| Term | Definition |
|---|---|
| Bar | 1. Historically, the partition separating the general public from the space occupied by the judges, lawyers, and other participants in a trial. |
| 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. It is often coupled with "assault" (which does not require actual touching) in "assault and battery." |
| Bench | The seat occupied by the judge. More broadly, the court itself. |
| Bench Trial | Trial without a jury in which a judge decides the facts. |
| Bench warrant | Warrant of arrest ordered and signed by a judge (statewide warrant). |
| Beneficiary | Someone named to receive property or benefits in a will, trust, estate or insurance policy. |
| 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 | Part of jury instructions in all criminal trials, in which the jurors are told that they can only find the defendant guilty if they are convinced "beyond a reason- able doubt" of his or her guilt. |
| 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. |
| Bond (supersedeas) | The bond set by the court during the appeal procedure and posted with the Clerk of Court. |
| Bond (surety) | A certificate posted by a bonding company to the sheriff for release of the defendant. |
| Bond amounts | Cash or surety to be posted for release on bail. |
| Booking | The process of photographing, fingerprinting and recording identifying data of a suspect. This process follows the arrest. |
| Brief | A written statement prepared by one side in a lawsuit to explain to the court its view of the facts of a case and the applicable law. |
| Burden of Proof | In the law of evidence, the necessity or duty of affirmatively providing a fact or facts in dispute on an issue raised between the parties in a lawsuit. The responsibility of proving a point or points; standard of proof indicades the degree to which the point must be proven. For example, in a ciril case the burden of proof rests with the plaintiff, who must establish his/her case by such standards of proof as a preponderance of evidence or clear and convincing evidence. |
| C-4 motion | Motion to dismiss on grounds that there is no prima facie case of guilty (FRCP 3.190(C)(4) |
Glossary
