Bifurcated trial means that the trial is conducted in two stages. A common division is to determine liability or guilt in the first stage and damages or penalties in the second. For example, in criminal proceedings, the guilt or innocence of...
civil procedure
bill of exceptions
Bill of exceptions is a formal written document in which a party objects to a judge's decision or relevant evidence at trial. A bill of exceptions should include the party's objections and their basis, signed by the judge and filed with the...
bill of particulars
A bill of particulars is defined as a written itemization of claims in a lawsuit that the defendant may demand of the plaintiff in some situations in order to clarify the details of the claims.
See e.g., United States v....
bill quia timet
Bill quia timet is derived from the Latin phrase “quia timet” which means, “because he fears.” A bill quia timet grants a party equitable relief from the court for a probable harm to their specific right or interest.
A bill...
breach of contract
A breach of contract occurs whenever a party who entered a contract fails to perform their promised obligations. Due to the frequency of breaches of contract, a robust body of law has grown to resolve the ensuing disputes.
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breach of promise
Breach of promise, although not actionable in most jurisdictions, is a breach of a promise to marry another; in other words, it is a broken engagement. It is a tort against the breaching party. The principle of breach of promise treats the...
bright-line rule
A bright-line rule is an objective rule that resolves legal questions in a straightforward, predictable manner. Because bright-line rules determine outcome entirely based on objective factors, they best allow parties to conduct their affairs...
burden
A burden is a generic term referring to a restriction on a use or activity. Often, the term arises in property law. For instance, real property may carry an intangible burden in the form of covenants or easements. These burdens generally...
burden of proof
Generally, burden of proof describes the standard that a party seeking to prove a fact in court must satisfy to have that fact legally established. There are different standards for different circumstances.
For example, in...
but-for test
The but-for test is a test commonly used in both tort law and criminal law to determine actual causation. The test asks, "but for the existence of X, would Y have occurred?"
In tort law, but-for causation is a prerequisite...