Legal Glossary

B

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.