Superior Court >Civil Department >Glossary Of Common Terms

Glossary of Common Terms
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Battery A beating or wrongful physical violence. Bench Trial A trial without a jury at which the judge decides the facts. Bench Warrant A written request from the court to a law enforcement agency to arrest and detain a person who has failed to appear for a court date or abide by a court order. Beneficiary As it relates to a trust beneficiary, a person who has any present or future vested or contingent interest and the owner of an interest by assignment or other transfer. As it relates to a charitable trust, any person entitled to enforce the trust. As it relates to a beneficiary of a beneficiary designation, a beneficiary of an insurance or annuity policy; an account with pay on death designation; a security registered in beneficiary form or a pension; a profit sharing, retirement or similar benefit plan or any other nonprobate transfer at death. As it relates to a beneficiary designated in a governing instrument, a grantee of a deed; a devisee; a trust beneficiary; a beneficiary of a beneficiary designation; a donee, appointee or taker in default of a power of appointment and a person in whose favor a power of attorney or a power held in any person, fiduciary or representative capacity is exercised. Beneficiary Designation A governing instrument naming a beneficiary of an insurance or annuity policy; an account with pay on death designation; a security registered in beneficiary form; a pension, profit sharing, retirement or similar benefit plan or any other nonprobate transfer at death. Best Interests Attorney (Formerly known as a Volunteer Guardian ad Litem) An attorney who volunteers to represent a child's best interests in a family law case. A "Child's Attorney" would be appointed in cases with serious concerns about the child's safety. Bifurcated Trial A trial that is divided in two; for instance, a trial on liability may be separate from the trial on damages. Bond (general) A written instrument guaranteeing the performance of acts. (criminal law) A security posted to guarantee a defendant's appearance at hearing or trial.
  • Bond Exoneration: A court order requiring the entity holding the bond in trust to deliver it (cash or another form of security) to a specific party, most often the party that posted it.
  • Bond Forfeiture: As it relates to bail bonds, occurs when the accused fails to appear for trial or any scheduled court appearance.
  • Supersedeas Bond: A bond that a court requires form an appellant who wants to delay payment of a judgment until the appeal is over.
Bound Over/Bind Over The superior court assumes jurisdiction of a case from a lower court. Brady Material Evidence that tends to mitigate or negate a defendant's guilt as to the offense charged. return to top
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