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术语
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定义
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| backlog1 |
Number of pending2 cases exceeding the capacity of a court which is engaged in acting3 on other cases. |
| bail4 |
Money or other security (such as a bail bond) given to a court to temporarily secure a person's release from custody5 and assure his/her appearance in court. May be forfeited6 should individual subsequently fail to appear before the court. Bail and bond are often used interchangeably. |
| bail authority |
In Pennsylvania the district justice, magistrate7, Philadelphia bail commissioner8 or judge with jurisdiction9 over the case in question authorized10 by law to set, modify, revoke11 or deny bail. |
| bail bond (often referred to simply as bond) |
Obligation, signed by accused, to secure his/her presence at trial and which he/she may lose by not properly appearing for trial. |
| bailiff |
Court attendant who keeps order in the courtroom and has custody of the jury. |
| bankruptcy12 |
Statutes13 and judicial14 proceedings15 involving persons or businesses who cannot pay debts and seek assistance of court in getting a fresh start. |
| bar |
Historically, partition separating general public from space occupied by judges, lawyers and other participants in a trial. More commonly, the whole body of lawyers. A "case at bar" is a case currently being considered. |
| bar examination |
State examination taken by prospective16 lawyers in order to be admitted to practice law. |
| battered17 child syndrome18 |
Medical and psychological condition of a child who has suffered continuing injuries not inflicted19 accidentally and thus are presumed to have been inflicted by someone close to the child. |
| battered woman syndrome |
Medical and psychological condition of a woman who has been physically20, sexually and/or emotionally abused by a spouse21 or lover. Also called battered wife syndrome or battered spouse syndrome. |
| battery |
Physical contact intended to harm someone. Threat to use force is assault; use of it is battery, which usually includes an assault. Aggravated22 battery is unlawful use of force with unusual or serious consequences, e.g., use of a dangerous weapon. |
| bench |
Seat occupied by the judge. More broadly, the court itself. |
| bench trial |
Trial with no jury, in which the judge decides the facts. |
| bench warrant |
Arrest warrant issued directly by a judge. |
| beneficiary |
Someone named to receive benefits from a legal device such as a will, trust or insurance policy. |
| bequeath |
To give someone a gift through a will. |
| bequests23 |
Gifts made in a will. |
| best evidence |
Primary evidence; best evidence available. Evidence short of this is "secondary." E.g., an original letter is the best evidence; a photocopy24 is secondary evidence. |
| beyond a reasonable doubt |
Standard in a criminal case requiring the jury to be satisfied "to a moral certainty" that every element of the crime has been proven by prosecution25. Does not require state to establish absolute certainty by eliminating all doubt, but does require that evidence be so conclusive26 that all reasonable doubts are removed from the mind of the ordinary person. |
| bifurcation |
Dividing the issues in a case so that one issue can be decided27 before the others. E.g., a divorce will often be granted before custody, support and marital28 property issues are resolved. |
| bill |
Formal written declaration, petition, complaint or statement. E.g., a declaration of wrong a complainant has suffered is a bill of complaint. Also, a draft of a new or amended29 law presented to a legislature for action. |
| bill of evidence |
Transcript30 of testimony31 heard at trial. |
| bill of particulars |
Statement detailing charge/s made against defendant32. |
| bind33 over |
To hold a person for trial on bond (bail) or in jail. If the judicial official conducting the preliminary hearing finds probable cause to believe accused committed a crime, he/she will "bind over" accused, normally by setting bail for accused's appearance at trial. |
| binding34 instruction |
Instruction in which jury is told that if it finds certain conditions to be true, to find for the plaintiff or defendant, as the case may be. Compare directed verdict. |
| black letter laws |
Informal term encompassing35 basic principles of law generally accepted by courts or present in statutes of a particular jurisdiction. |
| blue sky laws |
State statutes regulating sale of securities. |
| bond |
See bail bond. |
| booking |
Process of photographing, fingerprinting36 and recording37 identifying data of a suspect following arrest. |
| breach38 of contract |
Legally inexcusable failure to perform contractual obligation. |
| brief |
Written statement prepared by one side in a lawsuit39 to explain to the court its view of the facts of a case and applicable law. |
| burden of proof |
Necessity or duty to prove a fact in a dispute. Not the same as standard of proof. Burden of proof deals with which side must establish a point or points; standard of proof indicates degree to which point must be proven. |
| burglary |
Breaking into and entering a building with intent to commit a felony |
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