Legal Glossary - B

Bad Faith - Any transaction or contract that is entered into with no intention of fulfilling the terms. Also used when an individual intentionally deceives someone to gain and advantage.

Bench Trial - A court case that is tried without a jury where the judge hears the case and makes the decisions based on the law.

Beneficiary - The recipient of money or other remuneration, most often from a life insurance policy.

Best Evidence Rule - When an original of a piece of evidence is available, the original must be used. Introduced when copies were made by hand and subject to error or fraud, but, with the advent of copiers, computer, etc. the rule is beginning to become outdated.

Breach - A break in an agreement between two or more people, such as a breach of contract, breach of trust and breach of confidence.

Breach of Duty - A plaintiff must prove that the defendant had a duty to provide or insure a certain level of care and did not and was negligent, which resulted in loss or damage to the plaintiff.

Breach of Trust - A person that has a position of authority over another person or over an organization that takes advantage of that authority to cause harm or damage. Most often involves children and power of attorney cases, but there are other precedents as well.

Breach of Warranty - A warranty is an implied or stated responsibility of product manufacturers to provide goods and services that meet certain standards and provide a course of action to take if the product is not stated. A breach occurs when a manufacturer breaks the promise.

Burden of Proof - A person or entity who files a complaint against another person or entity must prove that the defendant is actually guilty of an infraction.

Bystander - An individual that is present during an event that is not involved in said event. This observer is often used as a witness in legal trials.

Get More Information