criminal law and procedure

Bailee

One who receives a bailed article. See bailment.

Bankruptcy fraud

Overview

Bankruptcy fraud is a white-collar crime that commonly takes four general forms:

A debtor conceals assets to avoid having to forfeit them.An individual intentionally files false or incomplete forms. Including false information on a...

bench warrant

Definition

An arrest warrant issued directly by a sitting judge or magistrate to a law-enforcement officer in a criminal or civil court proceeding. The bench warrant authorizes the arrest of an individual who has been held in contempt of court,...

Bivens Actions

Overview

A Bivens action generally refers to a lawsuit for damages when a federal officer who is acting in the color of federal authority allegedly violates the U.S. Constitution by federal officers acting.

Burden of Proof

The plaintiff...

blackmail

Definition

Coercion by unjustifiably threatening to reveal to another person or to the public substantially true information that is embarrassing, injurious, or incriminating. Although revealing this information is not in itself a crime,...

Booking

Booking is the process where information about a criminal suspect is entered into the system of a police station or jail after that person’s arrest. Exact procedures may vary amongst jurisdictions, but most share similar features. Generally,...

Brady Rule

Brady Rule

The Brady Rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense. A "Brady material" or evidence the prosecutor is...

Bribery

Definition

Corrupt solicitation, acceptance, or transfer of value in exchange for official action.

Overview

Bribery refers to the offering, giving, soliciting, or receiving of any item of value as a means of influencing the actions of an individual...

Bright-line rule

Definition

An objective rule that resolves a legal issue in a straightforward, predictable manner. A bright-line rule is easy to administer and produces certain, though, arguably, not always equitable results.

Illustrative caselaw

See, e.g....

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...

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