Law Definition 03

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 

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. 

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. (This is a state court procedure.) 

Bond ­

A written agreement by which a person insures he will pay a certain sum of money if he does not perform certain duties property. 

Bound supplement­ 

A supplement to a book or books to update the service bound in permanent form. 

Booking ­ 

The process of photographing, fingerprinting, and recording identifying data of a suspect. This process follows the arrest. 

Breach ­ 

The breaking or violating of a law, right, or duty, either by commission or omission. The failure of one part to carry out any condition of a contract. 

Breach of contract­ 

An unjustified failure to perform when performance is due. 

Brief ­

A written argument by counsel arguing a case, which contains a summary of the facts of the case, pertinent laws, and an argument of how the law applies to the fact situation. Also called a memorandum of law.

Burden of proof ­ 

In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a lawsuit. The responsibility of proving a point (the burden of proof). It deals with which side must establish a point or points. (See standard of proof.) 

Burglary ­ 

The act of illegal entry with the intent to steal. 

Business bankruptcy­ 

A proceeding under the Bankruptcy Code filed by a business entity. 

Bylaws ­ 

Rules or laws adopted by an association or corporation to govern its actions.

Capital crime­ 

A crime punishable by death. 

Calendar­ 

A list of cases scheduled for hearing in court. 

Calling the docket ­ 

The public calling of the docket or list of causes at commencement of term of court, for setting a time for trial or entering orders. 

Canons of ethics­ 

Standards of ethical conduct for attorneys. 

Capacity ­ 

Having legal authority or mental ability. Being of sound mind. 

Caption ­

Heading or introductory party of a pleading. 

Case law ­ 

Law established by previous decisions of appellate courts, particularly the United States Supreme Court. 

Cases­ 

General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice. 

Cause ­ 

A lawsuit, litigation, or action. Any question, civil or criminal, litigated or contested before a court of justice.

Cause of action ­ 

The fact or facts which give a person a right to relief in court. 

Caveat ­

A warning; a note of caution. 

Cease and desist order­ 

An order of an administrative agency or court prohibiting a person or business from continuing a particular course of conduct. 

Censure ­ 

An official reprimand or condemnation of an attorney. 

Certificate of Title ­ 

Document issued by Registrar of Titles for real estate registered under the Torrens System, which is considered conclusive evidence of the present ownership and state of the title to the property described therein.

Certification ­ 

1. Written attestation. 2. Authorized declaration verifying that an instrument is a true and correct copy of the original. 

Certiorari­ 

A writ of review issued by a higher court to a lower court. A means of getting an appellate court to review a lower court's decision. If an appellate court grants a writ of certiorari, it agrees to take the appeal. (Sometimes

referred to as "granting cert.")

Challenge­ 

An objection, such as when an attorney objects at a hearing to the seating of a particular person on a civil or criminal jury. 

Challenge for cause ­ 

A request from a party to a judge that a certain prospective juror not be allowed to be a member of a jury because of specified causes or reasons. 

Chambers ­ 

A judge's private office. A hearing in chambers takes place in the judge's office outside of the presence of the jury and the public. 

Change of venue ­ 

Moving a lawsuit or criminal trial to another place for trial. 

Character evidence ­ 

The testimony of witnesses who know the general character and reputation of a person in the community in which he or she lives. It may be considered by the jury in a dual respect:

(1) as substantive evidence upon the theory that a person of good character and reputation is less likely to commit a crime than one who does not have a good character and reputation, and

(2) as corroborative evidence in support of a witness's testimony as bearing upon credibility. 

Charge to the jury­ 

The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.

Chief judge­ 

Presiding or administrative judge in a court. 

Chattel ­ 

An article of personal property. 

Child­ 

Offspring of parentage; progeny. 

Chronological­ 

Arranged in the order in which events happened; according to date. 

Circumstantial evidence ­ 

All evidence except eyewitness testimony. One example is physical evidence, such as fingerprints, from which an inference can be drawn. 

Citation ­ 

A writ or order issued by a court commanding the person named therein to appear at the time and place named; also the written reference to legal authorities, precedents, reported cases, etc., in briefs or other legal documents.