bail
- In criminal cases, a sum of money posted by
or on behalf of a defendant to guarantee his appearance in court after being
released from jail.
bail bond - An obligation signed by the defendant, with sureties,
to secure his/her presence in court.
bail bondsman - A
person who posts bail in exchange for a fee, usually 10 percent of the total
bail.
bailiff - A court officer
whose duties are to keep order in the courtroom and to have custody of the
jury.
battered child syndrome (B.C.S.) - Physical condition of a child
indicating that external or internal injuries result from acts committed
by a parent or custodian.
battery - Actual physical violence, whether serious or minor, inflicted
on a person (A mere threat is called assault, whereas the completed act
is called battery).
bench trial - Trial without a jury in which the judge decides the
case.
bench warrant - An order issued by the court
for the arrest of a person.
bequest - A gift by will of personal property.
best evidence - In proving the content of a writing, the best evidence
is the writing itself, and subject to exceptions of unavailability of the
writing, no other evidence is admissible to prove it.
beyond a reasonable doubt - Entirely convinced; in a criminal case
the defendant's guilt must be proven to the jury to this extent. This is
the highest burden of proof any party has in any proceedings.
bill of particulars - A written statement specifying the detail of
the demand set forth in the petition in a civil action or of the charge
set out in a criminal action. The purpose of the bill of particulars is
to give the defendants more information to enable them to prepare an answer
or defense better.
bind over - A magistrate's decision in circuit court to hold a criminal
defendant for trial.
breach - The breaking or violating of a law, right, obligation, or
duty either by doing an act or failing to do an act.
brief - A lawyer's written statement of a client's case filed in
court. It usually contains a summary of the facts in the case, the pertinent
laws, and an argument of how the law applies to the facts supporting the
client's position.
burden of proof - The duty to establish a claim or allegation by
admissible evidence. This is usually the duty of the plaintiff in a civil
case and always is the duty of the state in a criminal case.
burglary - The unlawful breaking into or entering of a building or
dwelling with the intent to commit a serious crime or theft.