Personal Injury, Work Comp, & Social Security Disability Legal Terms
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bad faith. Intention to mislead or deceive; conscious refusal to fulfill some duty. Implies active ill will, as opposed to negligence. Bad faith is not bad judgment; it requires conscious wrongdoing.
bailiff. Court officer responsible for keeping order in the court, custody of the jury, and custody of prisoners while in court.
battery. The unlawful use of force resulting in the injury of another. Battery always includes assault. See assault.
bench trial or non-jury trial. Trial before a judge and without a jury. In a bench trial, the judge decides questions of law and questions of fact.
best evidence. The most direct evidence possible, such as producing an original document to prove that the document exists and what it states. A copy of a document or testimony by a witness would be "secondary evidence." the evidence rule prohibits the introduction of secondary evidence unless best evidence cannot be obtained, so long as the party seeking to introduce the secondary evidence is not at fault in making the evidence incapable of being obtained.
binding authority. Law that controls the outcome of a case. For example, a decision on the same point of law by a higher court in the same state must be followed by a lower court in that state. See precedent.
breach of contract. Failure, without legal excuse, to perform all or some of the promises made in a contract.
brief. Written document, usually prepared by an attorney, submitted to the court about a case, containing summaries of the facts of the case, relevant laws, and an argument showing how the laws support that party's position.
burden of proof or standard of proof . Degree of proof required in a specific kind of case to prevail. In the majority of civil cases , it is proof by a preponderance of the evidence.
bystander. In products liability law, a person who neither buys nor uses a product, but who nevertheless is injured by the product and may have a cause of action.
Get free online legal advice from Florida personal injury lawyer Robert Fenstersheib.
Personal Injury Attorney Robert J. Fenstersheib handles accident cases, personal injury lawsuits, breast implant settlements, slip and fall lawsuits in the following South Florida cities: |
Broward County |
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- Coconut Creek
- Cooper City
- Coral Springs
- Dania Beach
- Davie
- Deerfield Beach
- Fort Lauderdale
- Hallandale Beach
- Hillsboro Beach
- Hollywood
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- Lauderdale Lakes
- Lauderdale-By-The-Sea
- Lauderhill
- Lighthouse Point
- Margate
- Miramar
- North Lauderdale
- Oakland Park
- Parkland
- Pembroke Park
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- Pembroke Pines
- Plantation
- Pompano Beach
- Port Everglades
- Sea Ranch Lakes
- Southwest Ranches
- Sunrise
- Tamarac
- Weston
- Wilton Manors
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Dade County |
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- Aventura
- Bal Harbour
- Bay Harbor Islands
- Biscayne Park
- Coral Gables
- Doral
- El Portal
- Florida City
- Golden Beach
- Hialeah
- Hialeah Gardens
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- Homestead
- Indian Creek Village
- Islandia
- Key Biscayne
- Medley
- Miami
- Miami Beach
- Miami Gardens
- Miami Shores Village
- Miami Springs
- North Bay Village
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- North Miami
- North Miami Beach
- Opa-Locka
- Pinecrest
- South Miami
- Sunny Isles Beach
- Surfside
- Sweetwater
- Virginia Gardens
- West Miami
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