Benefit Of Counsel
having the opportunity to have an attorney and legal advice in any legal matter,
but particularly while appearing in court
Bequeath
1) to give personal property under provisions of
a will 2) the act of giving any asset by the terms of a will
Bequest
the gift of personal property under the terms of
a will
Best Evidence Rule
legal doctrine that an original piece of evidence--particularly a document--is
superior to a copy; if the original is available, a copy will not be allowed as
evidence in a trial
Beyond A Reasonable Doubt
part of jury's 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 reasonable doubt" of his or her guilt;
sometimes referred to as "to a moral certainty," the phrase is fraught with
uncertainty as to meaning, however; criminal justice experts have concluded that
it would mean being 99% sure; in civil court to find someone liable they would
have to only take greater than 50% fault
Bias
the predisposition of a judge, arbitrator, prospective juror, or anyone making a
judicial decision, against or in favor of one of the parties or class of persons
Bifurcate
the order or ruling of a judge that one issue in a case can be tried to a
conclusion or a judgment given on one phase of the case without trying all
aspects of the matter
Bilateral Contract
an agreement in which the parties exchange promises for each to do something in
the future
Bill
1) what is commonly called a "check" by which the signer requires the bank to
pay a third party a sum of money; this is a holdover from the days when a person
would draw up a "bill of exchange" 2) a statement of what is owed 3) any paper
money 4) legislative proposal for the enactment of a law; it is called a bill
until it is passed and signed, at which time it is a law (statute) and is no
longer referred to as a bill 5) an old-fashioned term for various filed
documents in lawsuits or criminal prosecutions, which is falling into disuse
Bill Of Attainder
legislative act which declares a named person guilty of a crime, particularly
treason; such bills are prohibited by Article I, Section 9 of the Constitution.