Bad faith
Intent to deceive. A person who intentionally tries to deceive
or mislead another in order to gain some advantage.
Bail
Criminal law: a commitment made (and possibly secured by
cash or property) to secure the release of a person
being held in custody
and suspected of a crime, to provide some kind of guarantee
that the suspect will appear to answer the charges at
some later date.
Bailee
The person who receives property through a contract of bailment,
from the bailor, and who may be committed to certain duties
of care towards the property while it remains in his or
her possession.
Bailment
The transfer of possession of something (by the bailor)
to another person (called the bailee) for some temporary
purpose
(eg. storage)
after which the property is either returned to the bailor
or otherwise disposed of in accordance with the contract
of bailment.
Bailor
The person who temporarily transfers possession of property
to another, the bailee, under a contract of bailment.
Bankruptcy
The formal condition of an insolvent person being declared
bankrupt under law. The legal effect is to divert
most of the debtor's
assets and debts to the administration of a third
person, sometimes called a " trustee in bankruptcy",
from which outstanding debts are paid pro rata. Bankruptcy
forces the debtor into a statutory
period during which his or her commercial and financial
affairs are administered under the strict supervision
of the trustee.
Bankruptcy usually involves the removal of several
special legal rights such as the right to sit on a board
of directors or, for
some professions that form part of the justice system,
to practice, such as lawyers or judges. Commercial organizations
usually add
other non-legal burdens upon bankrupts such as the
refusal of credit. The duration of "bankruptcy" status
varies from state to state but it does have the benefit
of erasing
most debts
even if they were not satisfied by the sale of the
debtor's assets.
Bare
trust
A trust that has become passive for the trustee because
all the duties the settlor may have imposed upon
the trustee have
been
performed or any conditions or terms have come to
fruition, such as there is no longer any impediment
to the transfer
of the property
to the beneficiary.
Barrister
A litigation specialist; a lawyer that restricts
his or her practice to the court room. In England
and
some other
Commonwealth
jurisdictions,
a legal distinction is made between barristers
and solicitors, the latter with exclusive privileges
of advising clients,
providing legal advice, and the former with exclusive
privileges of appearing
in a court on behalf of a client. In other words,
solicitors don't appear in court on a client's
behalf
and barristers
don't give
legal advice to clients. In England, barristers
and solicitors work as a team: the solicitor would
typically
make the
first contact with a client and if the issue cannot
be resolved
and proceeds
to trial, the solicitor would transfer the case
to a barrister for the duration of the litigation.
Lawyers
in some states,
such as Canada, sometimes use the title "barrister
and solicitor" even
though, contrary to England, there is no legal
distinction between the advising and litigating
roles. Canadian lawyers can litigate
or give legal advice, as is the case in the USA,
where lawyers are referred to as "attorneys."
Bastard
An illegitimate child, born in a relationship
between two persons that are not married (ie.
not in wedlock)
or who
are not married
at the time of the child's birth.
Bench
A judge in court session.
Beneficiary
In a legal context, a "beneficiary" usually refers
to the person for whom a trust has been created. May also
be referred
to as a " donee" or, for legal
tecchies, as a cestui que trust. Trusts
are made to advantage a beneficiary ( ie.
A
settlor (also called a " donor")
transfers property to a trustee, the profits
of which are to be given to the beneficiairy).
Berne
Convention
An international copyright treaty called
the Convention for the Protection of Literary
and Artistic Works
signed at Berne,
Switzerland
in 1886 (amended several times and as
late as 1971) and to which now subscribe
77 nations
including all major
trading countries
including China, with the notable exception
of Russia.
It is based on the principle of national
treatment.
Bigamy
Being married to more than one person
at the same time. This is a criminal
offence in most
countries.
Bill
of exchange
A written order from one person (the
payor) to another, signed by the person
giving
it, requiring
the person
to whom it is
addressed to pay on demand or at some
fixed future date, a certain sum of
money, to either the person identified
as payee or to any person presenting
the bill
of exchange.
A check
is a form
of bill of
exchange where the order is given
to a bank.
Bill
of lading
A document that a transport company
possesses acknowledging that it
has received goods,
and serves as title
for the purpose of
transportation.
Blind
trust
A trust set up by a settlor who
reserves the right to terminate
the trust but
other than
that, agrees
to assert
no power
over the trust, which is administered
without account to the beneficiary/settlor
or the retention of any other
measure of
control over the trust's administration.
In Canada,
for example,
it is common
for government
ministers to vest all their investment
property to a blind trust to avoid
any conflict of
interest.
Bona
vacantia
Property that belongs to no person,
and which may be claimed by
a finder. In some
states,
the government
becomes owner
of all
bona vacantia property.
Born
out of wedlock
Born of parents who were not
married at the time of birth.
Breach
of contract
The failure to do what one
promised to do under a contract.
Proving
a breach of contract
is
a prerequisite of any
suit for damages
based on the contract.
Breach
of trust
Any act or omission on the
part of the trustee which
is inconsistent
with the
terms of
the trust agreement
or
the law of trusts.
A prime example is the
redirecting of trust property from the
trust to the trustee,
personally.
Buggery
Synonymous with sodomy
and referring to "unnatural" sex
acts, including copulation,
either between two persons
of the same sex or between
a person and an animal
(the latter act also
known as "bestiality").
Most countries outlaw
bestiality but homosexual
activity is gradually
being decriminalized.
Burden
of proof
A rule of evidence
that makes a person
prove
a certain thing
or
the contrary
will be
assumed by the court.
For example,
in criminal
trials, the prosecution
has the burden of
proving the
accused guilt because
innocence is presumed.
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