At Issue … Burden of proof

Question 1

At issue

Answer 1

when parties in an action come to a point where one asserts something and the other denies it.

Question 2

Attach

Answer 2

seize property by court order and sometimes arrest a person.

Question 3

Attest

Answer 3

to witness a will, etc.; act of attestation.

Question 4

Averment

Answer 4

a positive statement of facts.

Question 5

Bail

Answer 5

to obtain the release of a person from legal custody by giving security and promising that he shall appear in court; to deliver (goods, etc.) in trust to a person for a special purpose.

Question 6

Bailee

Answer 6

one to whom personal property is delivered under a contract of bailment.

Question 7

Bailment

Answer 7

Delivery of personal property to another to be held for a certain purpose and to be returned when the purpose is accomplished.

Question 8

Bailor

Answer 8

the party who delivers goods to another, under a contract of bailment.

Question 9

Banc (or bank)

Answer 9

bench; the place where a court sits permanently or regularly; also the assembly of all the judges of a court.

Question 10

Bankrupt

Answer 10

an insolvent person, technically, one declared to be bankrupt after a bankruptcy proceeding.

Question 11

Bar

Answer 11

the legal profession.

Question 12

Barratry

Answer 12

Exciting groundless judicial proceedings.

Question 13

Barter

Answer 13

a contract by which parties exchange goods for other goods.

Question 14

Battery

Answer 14

illegal interfering with another’s person.

Question 15

Bearer

Answer 15

in commercial law, it means the person in possession of a commercial paper which is payable to the bearer.

Question 16

Bench

Answer 16

the court itself or the judge.

Question 17

Beneficiary

Answer 17

a person benefiting under a will, trust, or agreement.

Question 18

Best evidence rule, the

Answer 18

except as otherwise provided by statue, no evidence other than the writing itself is admissible to prove the content of a writing. This section shall be known and may be cited as the best evidence rule.

Question 19

Bequest

Answer 19

a gift of personal property under a will.

Question 20

Bill

Answer 20

a formal written statement of complaint to a court of justice; also, a draft of an act of the legislature before it becomes a law; also, accounts for goods sold, services rendered, or work done.

Question 21

Bona fide

Answer 21

in or with good faith; honestly.

Question 22

Bond

Answer 22

an instrument by which the maker promises to pay a sum of money to another, usually providing that upon performances of a certain condition the obligation shall be void.

Question 23

Boycott

Answer 23

a plan to prevent the carrying of a business by wrongful means.

Question 24

Breach

Answer 24

the breaking or violating of a law, or the failure to carry out a duty.

Question 25

Brief

Answer 25

A written document, prepared by a lawyer to serve as the basis of an argument upon a case in court, usually an appellate court.

Question 26

Burden of producing evidence

Answer 26

the obligation of a party to introduce evidence sufficient to avoid a ruling against him on the issue.

Question 27

Burden of proof

Answer 27

The obligation of a party to establish by evidence, a requisite degree of belief concerning a fact in the mind of the trier of or the court, the burden of proof may require a party to raise a reasonable doubt concerning the existence of non-existence of a fact, or that he establish the existence or nonexistence of a fact by a preponderance of the evidence by clear and convincing proof or by proof beyond reasonable doubt. Except as otherwise provided by the law, the burden of proof via preponderance of the evidence.