ACADEMIC TOPICS

Bail

Cash or a bond given to the court by a prisoner to secure conditional release from custody. The prisoner promises to return for judicial proceedings at a later time. A failure to return triggers the bond obligation and allows the court to keep any...

bailout

A bailout is when the government gives financial support to rescue a company that is in financial trouble and possibly at risk for bankruptcy. The bailout enables the survival of the company. The need for a bailout often arises out of a financial...

Bar

The bar refers to the collective of all lawyers qualified to practice in a given court or jurisdiction. Every state has its own set of requirements for admitting a person into their jurisdiction’s bar. In general, a person must satisfy a...

barrister

A barrister is a type of lawyer in the United Kingdom and certain other common law countries. Lawyers who practice in the United Kingdom are divided into two types: “solicitors,” who provide general legal advice on various areas of law and “...

Batson challenge

An objection to the validity of a peremptory challenge, on grounds that the other party used it to exclude a potential juror based on race, ethnicity, or sex. The result of a Batson challenge may be a new trial.

The name comes from Batson v....

Bill of particulars

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.

Burden of allegation

A plaintiff must make sufficient assertions of fact in the initial pleading to support a cause of action against a defendant. A party seeking to raise an issue at trial generally bears the burden of proof as to such issue.

Also referred to as "...

Burden of persuasion

The obligation of a party to introduce evidence that persuades the factfinder, to a requisite degree of belief, that a particular proposition of fact is true. In civil cases, a party's burden is usually "by a preponderance of the evidence." In...

Burden of production

A party's obligation to come forward with sufficient evidence to support a particular proposition of fact. Satisfying the burden of production may also be referred to as establishing a prima facie case. Determining whether a party has satisfied its...

Burden of Proof

Overview

Generally, 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 in different circumstances. For example, in criminal cases, the burden of proving...

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