legal education and practice

battery

Tort Law

Battery is an intentional tort. When a person intentionally causes harmful or offensive contact with another person, the act is battery. However, if the plaintiff expressly consented to such an act or gave implied consent by...

BCRA

Overview:

The Bipartisan Campaign Reform Act (BCRA) was signed into law in March of 2002. On the same day that BCRA became official federal policy, Senator Mitch McConnell and the National Rifle Association (NRA) both filed complaints...

bearer paper

A bearer is an individual who is in possession of a negotiable instrument, document of title, or proof of security that is either payable to the person in possession (ie. payable to bearer) or endorsed in blank. These types of instruments are...

beg the question

Begging the question is a logical fallacy in which an argument’s premises assume the truth of the conclusion. Arguments that beg the question work to obscure the actual points in controversy and can be looked at as a form of circular...

bench

Bench refers to the seat where the judge sits in the courtroom, and the term is used to refer to the judge. It can be used to describe all the judges of a particular court, such as the second circuit bench, or “full bench”, which refers to...

bench trial

Bench trial refers to the type of trial that does not involve a jury but is conducted by the judge alone, in which the judge both decides the facts of the case and applies the law. The word bench in the law is in reference to the judge, so a...

beneficiary

A beneficiary is an individual who receives benefits from a transaction via a contract (such as an insurance policy), a will, or trust.

Wills and Trusts:

A beneficiary is an individual named in a will, revocable trust, or...

bequest

Bequest is a gift of personal property made through a will. Traditionally, bequests have been used for the giving of personal property, while devises have been used for the giving of real property. However, bequests can also refer to real...

best evidence rule

The best evidence rule applies when a party wants to admit the contents of a writing, recording, or photograph at a trial, but that the original is not available. In the event that the original is unavailable, the party must provide a valid...

best interests of the child

The best interests of the child is a court doctrine used in custody proceedings when two parents are contesting custody of the child. Courts use this doctrine to make decisions regarding which parent will have custody of the child, the nature...

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