Automatic stay is defined in two parts:
The “automatic” is in reference to the injunction that would prohibit most creditor collection activities, after the debtor has filed for bankruptcy. The “stay” begins at the moment the...legal practice/ethics
autopsy rights
Autopsy rights are those given to the deceased and the next of kin to determine whether and to what extent autopsies should be performed. Typically, the individual (prior to death) and next of kin get to decide whether an autopsy is performed...
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...
background fact
Background facts are facts in a case that help an observer understand the origins of a specific legal issue or dispute. Background facts are not necessary to answer any question of law, it simply provides essential context. Additionally,...
badgering the witness
Badgering the witness is an objection that counsel can make during a cross-examination of a witness where opposing counsel becomes hostile or asks argumentative questions. If an attorney begins repeatedly asking a witness about the same thing...
bail bond
Bail bond is an agreement to pay the court if a criminal defendant fails to meet the terms of conditional release from custody. Many bail bonds are signed by the defendant and the defendant's sureties (e.g., a bondsman). Some bail bonds are...
bailment
A 'bailment' is defined as a non-ownership transfer of possession. Under English common law, the right to possess a thing is separate and distinct from owning the thing. Interestingly, as a result of this distinction, in some jurisdictions,...
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...
balloon payment
Balloon payments refer to very large payments at the end of some short-term loans called balloon loans. Balloon loans are used in commercial settings and sometimes for personal loans, but since the balloon payment often is more than twice the...
bankruptcy fraud
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...