courts and 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....

Bivens action

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 in a...

blackmail

Blackmail or extortion, which can be used interchangeably, pursuant to the 1942 Illinois Supreme Court opinion in People v. Mahumed, is an unlawful act of one party such as intentionally threatening, accusing of crime, injuring the other...

blanket search warrant

A blanket search warrant is a broad authorization from a judge that allows the police to search multiple areas for evidence without specifying exactly what they are looking for and seize everything found.

The Fourth...

blue law

Blue law is a colloquial term for state statute or ordinance that forbids or regulates entertainment and commercial activities (ex. sale of liquor) on Sundays or religious holidays. Blue laws can also be referred to as Sunday closing laws,...

blue ribbon jury

Blue ribbon jury is sometimes used interchangeably with the term special jury, though it also refers to a specific type of special jury, originating at common law, comprised of specially qualified jurors. The jurors selected for blue ribbon...

Board of Veterans’ Appeals (BVA)

The Board of Veterans’ Appeals (BVA) is an administrative appeals board of the U.S. Department of Veterans’ Affairs (VA) that adjudicates U.S. military veterans’ claims regarding veteran benefits, such as disability compensation, medical...

Brandenburg test

The Brandenburg test was established in Brandenburg v. Ohio, 395 US 444 (1969), to determine when inflammatory speech intending to advocate illegal action can be restricted. In the case, a KKK leader gave a speech at a rally to his fellow...

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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