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B
bad faith. Intention to mislead or deceive; conscious refusal to fulfill
some duty. Implies active ill will, as opposed to negligence. Bad faith is not
bad judgment; it requires conscious wrongdoing.
bailiff. Court officer responsible for keeping order in the court,
custody of the jury, and custody of prisoners while in court.
battery. The unlawful use of force resulting in the injury of another.
Battery always includes assault. See assault.
bench trial or non-jury trial. Trial before a judge and without a jury.
In a bench trial, the judge decides questions of law and questions of fact.
best evidence. The most direct evidence possible, such as producing an
original document to prove that the document exists and what it states. A copy
of a document or testimony by a witness would be "secondary evidence." The best
evidence rule prohibits the introduction of secondary evidence unless best
evidence cannot be obtained, so long as the party seeking to introduce the
secondary evidence is not at fault in making the best evidence incapable of
being obtained.
binding authority. Law that controls the outcome of a case. For example,
a decision on the same point of law by a higher court in the same state must be
followed by a lower court in that state. See precedent.
breach of contract. Failure, without legal excuse, to perform all or some
of the promises made in a contract.
brief. Written document, usually prepared by an attorney, submitted to
the court about a case, containing summaries of the facts of the case, relevant
laws, and an argument showing how the laws support that party's position.
burden of proof or standard of proof. Degree of proof required in a
specific kind of case to prevail. In the majority of civil cases, it is proof by
a preponderance of the evidence.
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