Legal Terms: B

Dishonesty or fraud in a transaction; a willful failure to respond to plain demands or a refusal to fulfill contractual duties.

Money or property deposited with the court to secure the release of a defendant from custody, ensuring their appearance at future court proceedings.

A person who receives personal property from another for a specific purpose, such as safekeeping or repair, under a bailment agreement.

A court officer responsible for maintaining order in the courtroom and assisting the judge during proceedings.

The delivery of personal property by one person to another for a specific purpose, with the understanding that the property will be returned.

The Eighth Amendment excessive-fines doctrine, applied in United States v. Bajakajian, holding that forfeitures grossly disproportional to the offense are unconstitutional.

A federal legal proceeding that provides debt relief to individuals and businesses unable to pay their debts, governed by Title 11 of the U.S. Code.

Misuse of the bankruptcy system, such as filing in bad faith or concealing assets, which may result in dismissal or denial of discharge.

All legal and equitable interests of the debtor in property at the time of filing, which becomes part of the estate subject to administration by the trustee.

Property that a debtor is allowed to keep during bankruptcy, protected from liquidation under federal or state exemption statutes.

A non-attorney who prepares bankruptcy documents for a fee, subject to strict regulations and prohibited from offering legal advice.

Forms filed by the debtor listing all assets, liabilities, income, expenses, and contracts, providing a comprehensive picture of the debtor's financial situation.

A professional organization for lawyers that may be voluntary or mandatory (integrated bar) for practicing in a jurisdiction.

The four-factor balancing test for speedy-trial claims: length of delay, reason for delay, defendant's assertion of the right, and prejudice to the defendant.

A taxpayer's investment in property for tax purposes, used to compute gain, loss, depreciation, and other tax consequences. It generally equals cost, adjusted for various items over time.

The treatment under which the recipient of gifted property takes the donor's basis (with adjustments) rather than a stepped-up basis, preserving built-in gain.

The adjustment of an asset's basis to fair market value as of the decedent's date of death under IRC Section 1014, eliminating built-in gain for income tax purposes.

An objection to peremptory strikes based on race, ethnicity, or gender, requiring the striking party to provide a neutral explanation per Batson v. Kentucky.

The intentional and unlawful physical contact with another person without their consent. Distinguished from assault, which involves the threat of contact.

A trial conducted before a judge without a jury, where the judge serves as both the finder of fact and the arbiter of law.

A warrant issued directly by a judge, typically for failure to appear in court or contempt, ordering law enforcement to bring the named person before the court.

A person who enjoys the benefits of ownership of a security even though legal title may be registered in another name, such as a street name.

A person or entity designated to receive benefits from a trust, will, insurance policy, or other legal arrangement.

A revocable deed effective at the grantor's death that transfers real property directly to a named beneficiary outside of probate, recognized in roughly half the states.

The most effective pollution control technology that is economically achievable for an industrial category, used as a standard under the Clean Water Act.

The rule requiring the original of a writing, recording, or photograph to prove its content, subject to enumerated exceptions in FRE 1002 et seq. Also known as the original document rule.

The overarching legal standard used by courts in custody, visitation, and child welfare proceedings, requiring decisions that promote the child's safety, stability, health, and emotional development. State statutes typically enumerate specific factors a judge must weigh.

The highest standard of proof in the legal system, used in criminal cases. The prosecution must prove each element of the crime to a moral certainty.

The Board of Immigration Appeals, the highest administrative body interpreting immigration laws, which reviews decisions of immigration judges and certain DHS officers.

The first ten amendments to the U.S. Constitution, ratified in 1791, guaranteeing fundamental individual liberties and limiting government power.

A document prepared by the U.S. Fish and Wildlife Service or NOAA Fisheries evaluating whether a proposed federal action is likely to jeopardize a listed species or destroy critical habitat.

The same-elements test used to determine whether two offenses are the same for double-jeopardy purposes by examining whether each requires proof of an element the other does not.

An SEC or FINRA request for trading data from broker-dealers used to investigate potential insider trading or market manipulation.

State-level securities regulations designed to protect investors from fraudulent sales practices and securities fraud.

A judicial approach to overbroad noncompete clauses under which the court strikes (or in some states reforms) unreasonable terms to enforce the remainder.

A form of trademark dilution in which the famous mark's distinctiveness is impaired by association with a similar mark used on different goods.

A non-voting participant in board meetings, typically designated by an investor without a board seat, who receives information and may participate in discussion but cannot vote.

The highest administrative body for interpreting and applying immigration law, hearing appeals from immigration judge decisions.

Latin for 'in good faith.' Refers to actions or transactions made honestly, without fraud or deception.

A person who purchases property in good faith, for value, and without notice of any competing claims or defects in title.

A financial guarantee posted to ensure performance of an obligation. In criminal law, a bail bond secures a defendant's release from custody.

An additional first-year depreciation deduction under IRC Section 168(k) for qualified property, with percentages declining from 100% (TCJA) to 0% over several years.

The status of the federal Sentencing Guidelines after United States v. Booker (2005), under which they are advisory rather than mandatory.

A doctrine permitting routine warrantless searches at international borders without probable cause or reasonable suspicion, based on sovereign interests.

A disagreement between adjoining property owners about the location of their common boundary line.

The prosecutor's constitutional duty to turn over exculpatory and impeachment evidence to the defense in a timely manner before trial.

Evidence in the prosecution's possession that is favorable to the accused and material to guilt or punishment, which must be disclosed under Brady v. Maryland.

A HIPAA requirement that covered entities and business associates notify affected individuals, HHS, and sometimes the media following a breach of unsecured protected health information.

The failure of a party to perform their obligations under a contract without a legal excuse.

Short-term support designed to assist a spouse in transitioning from married to single life by covering identifiable short-term needs, typically not exceeding two years.

A written legal argument submitted to a court, outlining the facts, legal issues, and arguments in support of a party's position.

A weighted-average anti-dilution formula counting all outstanding common stock, preferred stock, options, and reserved shares in the denominator, producing less protection than narrow-based.

A person or firm engaged in the business of buying and selling securities for its own account or on behalf of customers, regulated by FINRA and the SEC.

A property where expansion, redevelopment, or reuse may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.

The specific protective-sweep doctrine from Maryland v. Buie permitting officers to look in spaces immediately adjoining the arrest scene without additional justification.

The obligation to convince the factfinder of a fact to the required standard, such as preponderance or beyond a reasonable doubt.

The obligation of a party to come forward with sufficient evidence on an issue to avoid an adverse ruling as a matter of law.

The obligation of a party to prove their allegations or claims to a specified standard (e.g., preponderance of evidence, beyond a reasonable doubt).

The federal agency within the Department of the Interior responsible for administering programs and services for federally recognized Indian tribes.

The doctrine from Burford v. Sun Oil (1943) permitting abstention to avoid interference with complex state administrative schemes implicating important state policy.

The unlawful entry into a building or structure with the intent to commit a crime inside, typically theft.

A person or entity that performs functions or services for a covered entity involving the use or disclosure of protected health information.

A contract between a covered entity and a business associate that establishes the permitted uses and disclosures of protected health information by the business associate.

A common-law presumption that directors of a corporation acted on an informed basis, in good faith, and in the honest belief that the action was in the corporation's best interest, insulating their decisions from judicial second-guessing.

A hearsay exception under FRE 803(6) for records kept in the regular course of business activity, made at or near the time by someone with knowledge.

Rules adopted by a corporation or organization governing its internal affairs, including procedures for meetings, elections, and management.

The internal rules of a corporation governing matters such as shareholder meetings, board of directors composition, officer duties, and voting procedures. Bylaws are adopted by the board or shareholders and are not typically filed with the state.