Glossary of Personal Injury Law Terms
There are 1274 entries in this glossary.| Term | Definition |
|---|---|
| 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. |
| Bad faith/Intent to deceive |
A person who intentionally tries to deceive or mislead another in order to gain some advantage. |
| Bail |
Money or other security (such as a bail bond) provided to the court to temporarily allow a person´s release from jail and assure their appearance in court. ´Bail´ and ´bond´ are often used interchangeably. |
| Bail Bond |
An obligation signed by the accused to secure his or 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. |
| 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 |
One 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. |
| Bailiff |
Court officer responsible for keeping order in the court, custody of the jury, and custody of prisoners while in court. |
| Bailment |
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 |
One who temporarily transfers possession of property to another, the bailee, under a contract of bailment. |
| 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 to are called creditors. |
| Bar |
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| Bar Examination |
A state examination taken by prospective lawyers in order to be admitted and licensed to practice law. |
| Bare trust |
A trust in which all the duties imposed upon the trustee have been performed or any conditions or terms have come to fruition, such that there is no longer any impediment to the transfer of the property to the beneficiary. The trust is then said to have become passive for the trustee. |
| Barrister |
A litigation specialist; a lawyer who 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. Solicitors have exclusive privileges of advising clients and providing legal advice. Barristers have 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. A solicitor will "brief" a barrister in behalf of their client. In England, barristers and solicitors work as a team: a 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 countries, such as Canada, sometimes use the title "barrister and solicitor" even though, there is no legal distinction between the advising and litigating roles. Canadian lawyers, like American attorneys, can litigate or give legal advice. |
| Base Years |
A wage earner?s base years for computing Social Security benefits are the years after 1950 up to the year of entitlement. For a survivor´s claim, the base years include the year of the worker´s death. |
| Basic Limits of Liability |
The least amount of liability coverage that can be purchased. In determining rates, a carrier will use the basic limits to develop the base rates. If an insured person wants higher limits, the carrier applies an increased limits factor to the base rate in calculating the new premium for the increased coverage. |
| Bastard |
An illegitimate child, born of a relationship between two persons not married (i.e., not in wedlock) to each other, or who are not married to each other at the time of the child's birth. Conception out of wedlock does not usually constitute bastardy. |
| Battery |
The unlawful use of force resulting in the injury of another. Battery always includes assault. See assault. |
| Baxter Dialysis Filter |
A filter for dialysis machines produced by Baxter International, Inc. The manufacturer has recalled certain filters that were found to be defective. |
| Baycol |
Originally prescribed to lower cholesterol, Baycol has been voluntarily recalled by Bayer Pharmaceuticals because it was linked to Rhabdomyolysis, which can be fatal. |
| Bench |
The seat occupied by the judge. More broadly, the court itself. |
| 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. |
| Bench Warrant |
An order issued by a judge for the arrest of a person. |
| Beneficiary |
Someone named to receive property or benefits in a will. In a trust, a person who is to receive benefits from the trust. |
| Benefit notice |
A required letter or form sent to you by the insurance company to inform you of benefits you may be entitled to receive. |
| Benefits |
Retirement, Disability, Dependents, Survivors and Medicare are the five (5) categories within the Social Security system that you may receive benefits under. |
| Benzene |
A chemical that is frequently used in manufacturing and present in industrial fumes. Benzene exposure can cause cancer and other health complications. |
| Bequeath |
To give a gift to someone through a will. |
| Bequests |
Gifts made in a will. |
| Berne Convention |
An international copyright treaty based on the principle of national treatment, called the Convention for the Protection of Literary and Artistic Works. It was signed at Berne, Switzerland in 1886 and amended several times, as late as 1971. 77 nations now subscribe to it, including all major trading countries, with the notable exception of Russia. |
| 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. |
| Beyond a Reasonable Doubt |
The standard in a criminal case requiring that the jury be satisfied to a moral certainty that every element of a crime has been proven by the prosecution. This standard of proof does not require that the state establish absolute certainty by eliminating all doubt, but it does require that the evidence be so conclusive that all reasonable doubts are removed from the mind of the ordinary person. |
| Bigamy |
Marriage to more than one person at the same time. This is a criminal offence in most countries. |
| Bill of exchange |
A written order, for instance a check, from one person (the payor) to another (the payee), signed by the payor. It requires 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 bill of exchange giving the order to pay to a bank. |
| Bill of lading |
A document used by a transport company acknowledging receipt of goods, and serving as title for the purpose of transportation. |
| 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. |
| 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. |
| Birth injury |
A physical injury suffered by a baby during delivery. Birth injuries may be related to pre-existing maternal or fetal health problems, or related to negligence by a health care professional such as a doctor or another member of the professional medical staff. These injuries may cause permanent disabilities or even death. |
| Blind trust |
A trust set up by a settlor who cannot assert any power over the trust other than the right to terminate the trust. The trust is administered without any accounting to the beneficiary/settlor or allowing him the retention of any other measure of control over the trust's administration. |
| Bodily Injury Liability |
Legal liability for causing physical injury or death to another. |
| Bona vacantia |
Property belonging to no person, and which may be claimed by a finder. In some states, the government becomes owner of all bona vacantia property. |
| Booking |
The process of photographing, fingerprinting, and recording identifying data of a suspect. This process follows the arrest. |
| Born out of wedlock |
Illegitimate; illegitimacy; bastardy. Born of parents who were not married to each other at the time of birth. |
| Brain Damage |
During pregnancy or birth, brain damage to a child may cause cerebral palsy. The following problems may result in brain damage: Rh incompatibility, a lack of oxygen to the baby, a mother´s urinary tract infection, bleeding within the infant´s brain, or poisoning due to the mother´s use of alcohol and drugs. |
| Breach of Contract |
Failure, without legal excuse, to perform all or some of the promises made in a contract. |
| Breach of trust |
A "trustee" is created by the terms of a trust agreement or the law of trusts. Any act or omission on the part of the trustee which is inconsistent with those terms creates a "breach of trust". A prime example is the redirecting of trust property from the trust to the trustee's personal use. |
| 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. |
| Buggery |
So-called "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"). Homosexual activity is gradually being decriminalized, but bestiality is illegal in most countries. See also "sodomy". |
| Burden of proof |
A rule of evidence requiring that a fact be proved or the contrary fact will be assumed by the court. In criminal trials, for example, the "burden of proof" lies with the prosecution. They must prove the accused guilty because innocence is presumed. |
| 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. |
| Bystander |
In products liability law, a person who neither buys nor uses a product, but who nevertheless is injured by the product and may have a cause of action. |




