An award is defined as a final judgment or decision. Generally, an award will include a declaration that one party owes another a certain amount of money. Although the term often refers to the decisions of arbitrators and juries, it can also...
civil procedure
back pay
Back pay refers to compensation for work that was either already performed or work that could have been performed if not for the interference of another party.
Workers’ compensation in the United States is governed by the...
balancing test
A “balancing test” is defined as a subjective test with which a court weighs competing interests. For instance, a court would weigh the interest between an inmate's liberty interest and the government's interest in public safety, to decide...
Batson challenge
The Batson challenge refers to the act of objecting 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 successful Batson challenge...
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...
bench warrant
A bench warrant is a process or a legal document issued by the court itself or from the “bench” for the detainment or arrest of a person in a criminal or civil court proceeding, either in a case of contempt, especially when the criminal...
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...
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...
bifurcate
Bifurcate, in the legal sense, is the dividing of a case into two stages for trial. A common division is to determine liability or guilt in the first stage and damages or punishment in the second. For example, in criminal proceedings, the...