Glossary

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Term Definition
Bail

Cash or surety posted to secure the release of a defendant by insuring his/her future attendance court, and compelling him/her to remain in the jurisdiction of the court.

Bail Bond

An obligation signed by the accused to secure his/her presence at the trial. This obligation means that the accused may lose money by not properly appearing for the trial. Often referred to simply as bond.

Bailiff

A court attendant, ususally a Deputy Sheriff, who keeps order in the courtroom and has custody of the jury.

Bankruptcy

Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may be released from or "discharged" from their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. The person with the debts is called the debtor and the people or companies to whom the debtor owes money are called creditors. 

Bar

1. Historically, the partition separating the general public from the space occupied by the judges, lawyers, and other participants in a trial.
2. More commonly, the term means the whole body of lawyers.

Bar Examination

A state examination taken by prospective lawyers in order to be admitted and licensed to practice law.

Battery

A beating, or wrongful physical violence. It is often coupled with "assault" (which does not require actual touching) in "assault and battery."

Bench

The seat occupied by the judge. More broadly, the court itself.

Bench Trial

Trial without a jury in which a judge decides the facts.

Bench warrant

Warrant of arrest ordered and signed by a judge (statewide warrant).

Beneficiary

Someone named to receive property or benefits in a will, trust, estate or insurance policy.

Bequeath

To give a gift to someone through a will.

Bequests

Gifts made in a will.

Best evidence

Primary evidence; the best evidence available. Evidence short of this is "secondary." That is, an original letter is "best evidence," and a photocopy is "secondary evidence."

Beyond a reasonable doubt

Part of jury instructions in all criminal trials, in which the jurors are told that they can only find the defendant guilty if they are convinced "beyond a reason- able doubt" of his or her guilt.

Bill of particulars

A statement of the details of the charge made against the defendant.

Bind over

To hold a person for trial on bond (bail) or in jail. If the judicial official conducting a hearing finds probable cause to believe the accused committed a crime, the official will bind over the accused, normally by setting bail for the accused's appearance at trial.

Bond (supersedeas)

The bond set by the court during the appeal procedure and posted with the Clerk of Court.

Bond (surety)

A certificate posted by a bonding company to the sheriff for release of the defendant.

Bond amounts

Cash or surety to be posted for release on bail.