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Legal explanations - Law terms
Category: Legal
Date & country: 25/02/2010, SG
Words: 2570

(n) Avulsion is the change or alterations of the boundaries or landmarks of a property occurred due to a sudden change in the natural existence of the environment at that place. Eg. Change of direction of river flow,2. Receding of sea due to earthquake etc

(n) Award is the honor, admiration or grant etc given to a person legitimately accepting his rights, eligibility, stance etc. Eg. Award of compensation of the loss suffered. 2. Award for exemplary services

Bachelor Of Laws
(n) Bachelor of Law is the graduation degree given to law students who has successfully completed three year study of Law in a university. Bachelor of law is considered as the basic requirement to become an Attorney or a practitioner of law

Back-To-Back Life Sentences
(n) The term 'Back To Back' is used to represent imposing of two life term punishments on a person for different crimes committed by him, where by one punishment takes away any leniency available in the punishment term of the other. Eg Parole possible on one punishment term is stopped by the act of the other concurrent punishment.

Bad Debt
(n) Bad Debt is the amount receivable for any services rendered or goods exchanged to a person or entity which has not been paid or otherwise adjusted and the chances of getting that payment was nonexistent. The term is used in income tax provisions wherein the bad debt is treated as an expenses of the business entity

Bad Faith
(n) Bad Faith is the state of mind while doing an activity or action wherein such action is not done with a good and fair intention expected from a person of conscious mind. The term is antonym to 'good faith' which shows correct intention while doing an activity even though the end result was the contrary.

(n) Bail is the security provided by an accused taken into custody, for his temporary release from judicial custody, for due diligence and observance of court formalities until trial or the final verdict in the case against him is made. The quantum and type of bail depends on the crime

Bail Bond
(n) Bail Bond is the security bond issued by insurance companies, covering the risk involved in releasing a defendant in judicial custody until the conclusion of the trial. Insurance companies do such cover through bail bondsmen and such bonds are released once the judgment is made.

Bail Bondsman
(n) Bail Bondsman is the person functioning as the agent of the insurance companies which issues security bonds covering the risk involved in releasing a defendant in judicial custody until the conclusion of the trial. Such bonds are released once the judgment is made and the company charge the defendants for the services. They may also takes colla...

(n) Baillie is the person who is holding a property as a security for due fulfillment of a contract or legal obligations for which such security is given or rendered. A bailee can act up on the property when the obligation is not fulfilled

(n) Bailiff is the custodian appointed or otherwise assigned by a court to hold the custody of an incompetent person, properties involved in the legal process and help the jury, judges and court staff in the court procedures.

(n) Bailment is the process by which the custody of a property is transferred to another person or legal entity for safe keeping of such property. Normally bailment is a paid service and imparts a responsibility and obligation on the custodian to protect the goods

(n) Bailor is the person who leaves the custody of a property owned or legitimately possessed by him to another person or legal entity for safe keeping of such property and returning the same after the specified period or event. Bailor can hold the custodian for any damages caused to the property when he fails to protect the goods.

Bait And Switch
(n) Bait And Switch is the trade practice by which attractive sale offers, which are non-existent, were made with an intention to sought customers or traffic towards other products or activities. Eg. Offering discount sale after increasing the price, 2. Influencing customers to switch their buy when they visit the shop to buy bargain sales.

Balance Due
(n) Balance Due is the principle amount outstanding on a promissory note or financial instrument to be payable as on the date. It Excludes the interest portion when the amount said is inclusive of principle and interest.

Balance Sheet
(n) Balance Sheet is the monetary representation of the state of affairs of a business entity as on a particular date containing the assets owned by the entity and the liability it has towards the owners and outsiders. Balance sheet has relevance to the date on which it is prepared and changes when the date change

(n) Banks are the institutions constituted as per the law of land, engaged in services related to financial transactions including accepting of money from the public, dealing with money owned by others, lend money to the public for a charge etc.

(n) Bankruptcy is the situation in which the liabilities of a person or business entity exceeds the assets and properties owned by them and such entity has no means to settle the dues to their creditors fully. Courts declares an entity as bankrupt based on the petition moved by such person or entity.

Bankruptcy Court
(n) Bankruptcy Court is legal authority who can hear and decide on petitions from persons or business entities requesting them to be declared as bankrupt when their liabilities exceeds the assets and properties owned by them and such entity has no means to settle the dues to their creditors fully.

Bankruptcy Proceedings
(n) Bankruptcy Proceedings is process by which Court hear and decide on petitions from persons or business entities requesting them to be declared as bankrupt and examine and decide the request of refinancing, re-organizing, re-scheduling of the liabilities of such entity.

Bankruptcy Trustee
(n) Bank Ruptcy Trust is the person or authority who has been appointed by the court to deal with the assets of the person declared as bankrupt to safeguard the interests of the creditors.

(n) Bar is the gathering, collection or association of attorneys or lawyers practicing law at a particular jurisdiction. Bar is used to represent the area where practicing attorneys or lawyers can be found.

Bar Association
(n) Bar Association is the organization formed by the lawyers or Attorneys practicing law at a particular place or jurisdiction which functions as the forum to discuss and decide on the issues related to its members , their code of conduct and general functioning of the practicing members in that jurisdiction

Bar Examination
(n) Bar Examination is the test conducted to qualify an attorney who has acquired a degree in law for permitting him to practice law in the federal courts of their district. The rules or permission and accreditation with reference to bar examination varies from state to state.

(n) Bargain is the deal between two persons while buying or exchanging any item, service, offers, concurrence etc where in the quantum, value, terms, qualifications etc are arrived after a negotiation.

(n) Barratry is the judicial proceeding or legal actions on a legally un-sustaining or groundless matters initiated as per the advices or directions of the legal advisors who will be benefited when the clients acts on their advice. Barratry is adopted by attorneys to extract fee from their clients.

(n) Barrister is the person who is graduated in law and passed the required training , qualification or examination for appearing before the court as attorney or as lawyer. In UK only a Barrister can plead at the bar where as other law graduates can perform all legal works other than appearing in a court.

(n) Basis is used to denote the costing of a property while arriving at the profit earned to calculate the capital gain tax when that property is sold. There are two basis used to derive the cost of property sold. One is adjusted basis which is calculated as cost of acquisition plus cost of improvements. Stepped up basis is used on the property inh...

(n) Battery in the contact with another person with an intention to do any harm or offences whether or not such an act inflicts any loss or damage to such person. Battery is a crime which can be sued for damages. Here intention of doing ham must exist

Beach Bum Trust Provision
(n) Beach Burn Trust Provision is the provisions included in trust deeds which limits the monitory benefits to the beneficiaries to the extend of profits or gains earned by him. This provision is used to benefit the beneficiaries of the trust proportional to their performance

(n) Bearer is the person holding or having the possession of a financial instrument which can be freely transferred by delivery and handing over of the document. Eg. Person holding a bearer check.

Bearer Paper
(n) Bearer Paper is the financial instrument which can be freely transferred by delivery and handing over of the document with or without the consent of the drawer of such document. The new owner or holder of the document can claim the amount payable on such document

(n) Belief is the state of opinion arrived and accepted by a person based on the information, evidences, circumstances etc by applying his thinking and analyzing capability. A belief need not be based on confirmed information, but must be based on self acceptance of the information or evidences

(n) Bench is the collection or sitting of more than one judge in a court to hear a judicial case collectively when the importance or statutory requirements of that particular case demands such case need to be heard by a group of judges to reach a majority based ruling.

Bench Trial
A trial before a judge only without a jury.

Bench Warrant
(n) Bench Warrant is the order issued by bench constituted to hear a case authorizing the law enforcement officer to arrest a person or attach a property to enforce legal compliances

Beneficial Interest
(n) Beneficial Interest is the right to get benefits from a property, business, activity etc without any attached responsibility for cost and damages or other losses incidental to such property, business or activity etc. In some instances minors are not permitted to join partnership contracts but permit them to have beneficial interest in the partn...

Beneficial Use
(n) Beneficial use is the right to utilize the benefits from a property without having the ownership right on the property and without any attached responsibility for cost, damages maintenance etc incidental to such property.

(n) Beneficiary is the person named or otherwise identified in a document to receive the benefit from a property, trust, business, agreement etc on the occurrence or non occurrence of the events contained in that document. In third party beneficiary the beneficiary is not named in the document.

(n) Benefit is the advantage, profit, privilege etc obtained to a person by virtue of a contract for attaining a task or happening of an event contained in the contract or as a right arises out of the situation contained in the contract. Eg. Employees accident benefit compensate the employee when an accident occurs during employment

Benefit Of Counsel
(n) Benefit of Counsel is the right of a person to get legal opinion or assistance of a law practitioners in matters involving interpretation of law to safe guard their interests in legitimate manner. Eg. Appointing a lawyer to represent the case in the court.

(v) Bequath is the act of giving a property or asset owned by a person to another person by naming them in the will executed by the owner of such property or asset.

(n) Bequest is the property or asset owned by a person gifted to another person by naming them in the will executed by the owner of such property or asset. A bequest may be a conditional or a non-conditional one depending up on the mode of conveyance of the property or asset

Berne Convention
"An international treaty focusing on copyrights which was signed at Berne, Switzerland in 1886 and to which now subscribe 77 nations including all major trading countries excluding Russia.

Best Evidence Rule
(n) Best Evidence Rule is the best and topmost form of evidence which can be produced for verification. Eg. Producing of the original document is the best evidence as against a photo copy of the same.

(n) Bestialty is the crime or wrong activities done by a person which may lead to destabilize the nature, living being , ecology, balances etc

Beyond A Reasonable Doubt
(adj) Beyond A Reasonable Doubt is the phrase used to testify the state of mind of the judge while deciding whether the defended has done the crime or not, confirming that all possible opportunity to confirm that the defendant has not done the crime was exhausted.

(n) BFP is the abbreviation used for a 'bona fide purchaser' to represent the person who has purchased a property, article or goods in the normal course of business without knowing the claim or charge on such property, article, goods etc.

(n) Bias is the lenient view towards a person or entity belonging to a particular section like gender, color, locality, believes or any such specialty which may lead to take an impartial decision or decision against the truth, to favor such person. A bias can be for or against a section.

(n) Bid is the price, cost or value proposed by a person for a property, article, service etc when a request is made to the public for offering their rate and conditions for dealing in such property, article or service. Bid is an offer and hence it need to be accepted to make a valid contract.

(v) Bifurcate is the step by which a judge separate a part of the issue under his consideration or the case for trial and decide on them without concluding the other issues brought in the suit. Eg. Admitting separation without deciding the division of marital property in a divorce petition.

(n) Bifurcation is the process by which a judge separate a part of the issue under his consideration or the case for trial before him and decide on that part without concluding other issues brought in the suit. Bifurcation is sought when the resolving of the connected issues expect to take time leading to hardship to effected party.

(n) Bigamy is the practice of having more than one living spouse at a time. when one party to a marriage is legally married and not separated legally , then the second marriage is bigamous and hence void.

Bilateral Contract
( n) Bilateral Contract is the agreement between two parties promising to do a future action and a future counter action. In Bilateral contract both the activities happens on a future time.

(n) Bill is the statement or document containing the details of an expected action to be followed as the covenant of the statement or document. Eg. 1. A signed check to pay the amount said in the check to the person named in the document.2. Bill of exchange 3. Bill containing the provisions of the proposed law

Bill Of Attainder
(n) Bill Of Attainder is a legislative Act which declares a person or group as guilty of any crime, there by ordering punishment to them, without allowing them a chance to represent their cause or an unbiased trial to determine whether they are guilty. Many constitutions prohibit enacting of such Acts. This was practiced by English monarchies durin...

Bill Of Exchange
(n) Bill of Exchange is the financial instrument drawn by a party on another person or entity to pay the amount payable as per that instrument to the drawer or such third parties named in that document. A check is a bill of exchanges drawn upon a banker

Bill Of Lading
(n) Bill of Lading is the official document prepared by the carrier duly accepting the goods for shipment containing information like item, quantity, value, vessel details, date, port, consigner , consignee etc. Bill of lading is a contract to carry the goods to the said destination based on which seller can claim consideration and buyer can take d...

Bill Of Particulars
(n) Bill of Particulars is the informal detailing of the claim or demand amount made by a party which assists the defendant to study and evaluate the basis of the claim. Eg. In a claim for damages details showing the principal amount as per the agreement, incidental losses, indirect losses, interest etc to sum up the total damages claimed.

Bill Of Rights
(n) Bill of Rights are the constitutional amendments made to US constitution that deal and legitimate the issue connected to the human rights including issues such as freedom of religion, speech, press, right to peaceably assemble and petition the government etc. The right of the people to keep and bear Arms, prohibiting unreasonable searches and s...

Bill Of Sale
(n) Bill of sale is the document containing the details of items or goods sold to the buyer and the conditions, time and terms of transfer of the property for the consideration stated in that document

(n) Binder is the principal elements or basic conditions of an agreement which establishes the existence and boundaries with in which the agreement is constructed. Eg. Statement contained in the insurance policies stating that the insured has an insurable interest

Binding Precedent
A precedent that lower courts must follow since it was set by a higher court.

(n) Blackmail is method of influencing a person by resorting or threatening to do harm to a connected person or property so as to compel him to do or not to do certain acts which he would not have done without such compulsion. Eg. Kidnapping for ransom.

Blank Endorsement
(n) Blank Endorsement is the mode of endorsement wherein the name of the payee or beneficiary of the instrument is not mentioned so as to make it freely transferable on delivery

Blanket Search Warrant
"A search warrant that allows a broad area, or multiple areas to be searched.

Blind Trust
"A trust that retains the settlor's right to terminate the trust, but relinquishes all power over the trust's management.

Blue Laws
(n) Blue Laws are the law which prohibits certain activities on specified occasions connected with the moral and social beliefs without prohibiting the activity altogether or maintaining a total bar. In certain country consumption of alcohol on Sundays are prohibited.

Blue Ribbon Jury
(n) Blue Ribbon Jury is the group of informed and eligible citizens selected to form a jury to investigate on matters connected to moral mischief's, corruption charges etc against public figures. Blue ribbon jury is not used in criminal cases.

Blue Sky Laws
(n) Blue Sky Laws are the Law which control or otherwise regulate corporate entities from collecting investment from public as capital of such companies without having substance or means to safeguard the public money. Eg. Securities and exchange control board sanction is required while advertising issue of shares or stock to the public

Board Of Directors
(n) Board of Directors is the persons selected by the shareholder of a body corporate to run the business of the company on behalf of them as per the memorandum and article of the company. Board of Directors is the executive authority of a corporation.

Boiler Room
(n) Boiler Room operation is the act by which telemarketers or campaigners sells their product using telephone facilities pretending as they represent established and reputed firms

(n) Boilerplate is the provisions contained in an agreement which are generally common, routine and appears in all contracts or types of contract without change or which can be adopted in different contacts or pleadings without change and hence which can be preprinted.

Bona Fide
(n) Bona Fide is the state of mind while doing an act, entering a contract or transaction where in such activities are done with good intention, without knowing the defects involved. Bonafide intention is a pre-condition for validity of a contract. The absence of which may tender the contract void at the instance of the affected party.

Bona Fide Purchaser
(n) A Bona Fide Purchaser is the person who has purchased a property , article or goods in the normal course of business in good faith without the apparent knowledge of the fraud involved in that transaction. A bona fide purchaser is not responsible for the damages to the original owner of the goods or property he purchased.

(n) A Bond is the written statement, contract or pledge that guarantees certain performance or accept certain obligation on behalf of oneself or a third party and containing the provisions and details of such pledge or agreements

(n) Bondsman is the person providing or functioning as the agent or dealer of the insurance companies which issues security bonds covering the risk involved in releasing a defendant in judicial custody until the conclusion of the trial.

Booby Trap
(n) Booby Trap is the arrangement or machinery which is activated when some living things enters therein and kill or harm them. Booby trap is used to protect the area, property or valuables from trespassers. Eg. Giving live electricity to metallic fence.

Book Account
(n) Book Account is the ledger account of a party maintained in the books of account containing all the financial transaction with that particular party during the period in a chronological order or in the order of occurrence of the transaction. It gives a clear and distinct picture of the amount due from or to such party at any time.

Book Value
(n) Book Value is the recorded value of a business or assets as appearing in the books of accounts maintained on the basis of commercial customs and accounting standards at a particular time. Book value represent the value in which the transaction has taken place and adjusted as per the accounting norms and will not represent the real or market val...

Part of the process of being arrested in which the details of who a person is and why he or she was arrested are recorded into the police records.

(n) Bottomry is the contract of pledging the ship, vessel, freight etc as security for repayment of debts for machine, equipment, repair, lease of vessels etc

(n) Boycott is the mode of protest against a policy, event, activity etc by abstaining from participation without causing direct damage. Eg. Boycotting a meeting which is intended to make a regulation which the boycotters wont agree. Boycott is generally resorted to catch public attention for the cause of their protest.

(n) Breach is the violation or breaking of an obligation, duty, promise, trust etc by a person who is liable to perform or not to perform such action by a contact, legal obligation, customary practice etc. Eg. Breach of contract terms, Breach of trust, Breach of promise, Breach of warranty etc

Breach Of Contract
(n) Breach of contract is the failure of a party to fulfill the provisions or conditions contained in a contract in which he is a party. Eg. Failure to complete the job agreed in time. Failure to pay in time

Breach Of Promise
(n) Breach of Promise is the failure to fulfill the promises made by a party to another party. Eg. Failure to comply with the promises to marry the girl friend

Breach Of The Peace
(n) Breach Of The Peace is the act of causing disturbance to the peaceful living of an individual or society by resorting to threat, physical intimidation, working with dangerous article which may inflict injury to others.

Breach Of Trust
(n) Breach Of Trust is the failure to fulfill the responsibilities entrusted or expected from a person or failure to act in a diligent manner while holding a trust for achieving the objectives of the trust

Breach Of Warranty
(n) Breach of warranty is the failure to justify or satisfy the statement of quality whether implied or not, assurance made prior hand etc, with or without an intention to mislead the other party

Breaking And Entering
(n) Breaking And Entering is the unauthorized entry into a premises by applying force with or without an intention to do a crime. Breaking and entering without intention to do crime is termed as trespassing.

(n) Bribery is the practice by which a person who can take decision or action on behalf of others by virtue of his authority or position is influenced by paying or offering monetary benefits for influencing him to take an action or decision which he would not have done otherwise. Eg. Offering money to the police officer to record a wrong verificati...

(n) Brief is the summery statement containing the foundation of arguments, counter arguments, facts of the case, law applicable to the case etc which provides an overall and handy representation to the judge or the persons concerned about the case or issue.

(n) Broker is the person who arrange the parties to a contract interested in offering or accepting a property, article, service etc for a commission on the transfer value as his charges . Eg. Real estate brokers arranges parties interested in selling the property or parties interested in buying it.

Brought To Trial
(n) Brought to trial is the commencement of the trial in a court by formally calling and sworn in of the witness to initiate the trial proceedings.

Bucket Shop
(n) Bucket shop is a type of betting activity where its customers put their bet on a specific chances like rise or fall of market commodity or stock etc and gain or lose based on the occurrence of actual event. It is a sort of gambling activity

Building And Loan
(n) Building And Loan is the type of housing loan provided by the special type of association where one can take housing loan when he build a deposit with such association, which is sufficient for paying the down payment

Bulk Sale
(n) Bulk Sale is the complete sale or sale of major part of the inventory available with the trader. Bulk sale is made when goods are sold to retailers, restaurants or when clearing of the inventory for any reason

Bulk Sales Acts
(n) Bulk Sales Acts is the law which regulate and contains provision and rules like the requirement to provide written information to the existing creditors etc, to be followed while resorting bulk sale activities by a trader.

(n) Burden is the responsibility arising out of an obligation towards another party by a legal provision, social custom, morel responsibility etc to do some act or achieve certain results. Eg. Burden to look after the minor child, Burden to prove the allegation made against others.

Burden Of Proof
(n) Burden of Proof is the legal obligation on a party to prove the allegation made by him against another party. The burden of proof in a case lies with the plaintiff unless defendant counter with a factual claim based on the allegation, that is when categorical acceptance is made by the defendant and he is disputing a factual position.