Legal Terms: B
Bad Faith
contractsDishonesty or fraud in a transaction; a willful failure to respond to plain demands or a refusal to fulfill contractual duties.
Bail
criminalMoney or property deposited with the court to secure the release of a defendant from custody, ensuring their appearance at future court proceedings.
Bailee
propertyA person who receives personal property from another for a specific purpose, such as safekeeping or repair, under a bailment agreement.
Bailiff
courtsA court officer responsible for maintaining order in the courtroom and assisting the judge during proceedings.
Bailment
propertyThe delivery of personal property by one person to another for a specific purpose, with the understanding that the property will be returned.
Bankruptcy
bankruptcyA 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.
Bankruptcy Abuse
bankruptcyMisuse of the bankruptcy system, such as filing in bad faith or concealing assets, which may result in dismissal or denial of discharge.
Bankruptcy Estate
bankruptcyAll 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.
Bankruptcy Exemption
bankruptcyProperty that a debtor is allowed to keep during bankruptcy, protected from liquidation under federal or state exemption statutes.
Bankruptcy Petition Preparer
bankruptcyA non-attorney who prepares bankruptcy documents for a fee, subject to strict regulations and prohibited from offering legal advice.
Bankruptcy Schedules
bankruptcyForms filed by the debtor listing all assets, liabilities, income, expenses, and contracts, providing a comprehensive picture of the debtor's financial situation.
Bar Association
generalA professional organization for lawyers that may be voluntary or mandatory (integrated bar) for practicing in a jurisdiction.
Battery
criminalThe intentional and unlawful physical contact with another person without their consent. Distinguished from assault, which involves the threat of contact.
Bench Trial
civil procedureA trial conducted before a judge without a jury, where the judge serves as both the finder of fact and the arbiter of law.
Beneficial Owner
securitiesA 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.
Beneficiary
estateA person or entity designated to receive benefits from a trust, will, insurance policy, or other legal arrangement.
Best Available Technology
environmentalThe most effective pollution control technology that is economically achievable for an industrial category, used as a standard under the Clean Water Act.
Beyond a Reasonable Doubt
criminalThe 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.
Bill of Rights
constitutionalThe first ten amendments to the U.S. Constitution, ratified in 1791, guaranteeing fundamental individual liberties and limiting government power.
Biological Opinion
environmentalA 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.
Blue Sheet
securitiesAn SEC or FINRA request for trading data from broker-dealers used to investigate potential insider trading or market manipulation.
Blue Sky Laws
securitiesState-level securities regulations designed to protect investors from fraudulent sales practices and securities fraud.
Board of Immigration Appeals
immigrationThe highest administrative body for interpreting and applying immigration law, hearing appeals from immigration judge decisions.
Bona Fide
generalLatin for 'in good faith.' Refers to actions or transactions made honestly, without fraud or deception.
Bona Fide Purchaser
propertyA person who purchases property in good faith, for value, and without notice of any competing claims or defects in title.
Bond
generalA financial guarantee posted to ensure performance of an obligation. In criminal law, a bail bond secures a defendant's release from custody.
Boundary Dispute
real estateA disagreement between adjoining property owners about the location of their common boundary line.
Breach Notification Rule
healthcareA HIPAA requirement that covered entities and business associates notify affected individuals, HHS, and sometimes the media following a breach of unsecured protected health information.
Breach of Contract
contractsThe failure of a party to perform their obligations under a contract without a legal excuse.
Brief
civil procedureA written legal argument submitted to a court, outlining the facts, legal issues, and arguments in support of a party's position.
Broker-Dealer
securitiesA 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.
Brownfield
environmentalA property where expansion, redevelopment, or reuse may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.
Burden of Proof
evidenceThe obligation of a party to prove their allegations or claims to a specified standard (e.g., preponderance of evidence, beyond a reasonable doubt).
Bureau of Indian Affairs
tribalThe federal agency within the Department of the Interior responsible for administering programs and services for federally recognized Indian tribes.
Burglary
criminalThe unlawful entry into a building or structure with the intent to commit a crime inside, typically theft.
Business Associate
healthcareA person or entity that performs functions or services for a covered entity involving the use or disclosure of protected health information.
Business Associate Agreement
healthcareA contract between a covered entity and a business associate that establishes the permitted uses and disclosures of protected health information by the business associate.
Bylaws
businessRules adopted by a corporation or organization governing its internal affairs, including procedures for meetings, elections, and management.