At Issue … Burden of proof Flashcards
At issue
when parties in an action come to a point where one asserts something and the other denies it.
Attach
seize property by court order and sometimes arrest a person.
Attest
to witness a will, etc.; act of attestation.
Averment
a positive statement of facts.
Bail
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.
Bailee
one to whom personal property is delivered under a contract of bailment.
Bailment
Delivery of personal property to another to be held for a certain purpose and to be returned when the purpose is accomplished.
Bailor
the party who delivers goods to another, under a contract of bailment.
Banc (or bank)
bench; the place where a court sits permanently or regularly; also the assembly of all the judges of a court.
Bankrupt
an insolvent person, technically, one declared to be bankrupt after a bankruptcy proceeding.
Bar
the legal profession.
Barratry
Exciting groundless judicial proceedings.
Barter
a contract by which parties exchange goods for other goods.
Battery
illegal interfering with another’s person.
Bearer
in commercial law, it means the person in possession of a commercial paper which is payable to the bearer.
Bench
the court itself or the judge.
Beneficiary
a person benefiting under a will, trust, or agreement.
Best evidence rule, the
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.
Bequest
a gift of personal property under a will.
Bill
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.
Bona fide
in or with good faith; honestly.
Bond
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.
Boycott
a plan to prevent the carrying of a business by wrongful means.
Breach
the breaking or violating of a law, or the failure to carry out a duty.
Brief
A written document, prepared by a lawyer to serve as the basis of an argument upon a case in court, usually an appellate court.
Burden of producing evidence
the obligation of a party to introduce evidence sufficient to avoid a ruling against him on the issue.
Burden of proof
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.