it is a free and absolute inheritance; whereas
land without writing is charged with payment and bondage;
so that for the most part noblemen and persons of quality
possess the former, and rustics the other. The first we call
freehold and by charter: the other, land at the will of the
lord." Termes de la Ley 80 (1st. Am. ed. 1812).
"From very early times it was common to make grants of
land to religious bodies or to individuals. The grants were
effected by the king as the chief of the community, with
the consent of the great men, who in conjunction with the
great ecclesiastics, after the introduction of Christianity,
formed the Witenagemot, or Assembly of the Wise. The
grant was made by means of a 'book' or charter. Land thus
granted was said to be 'booked' to the grantee, and was
called bocland or bookland. Thus bookland comes to mean boon day
land held under a written instrument by private persons or
churches; who or whose predecessors are, or at least are
supposed to have been, grantees of the community. The
practice seems, after the introduction of Christianity, to
have prevailed chiefly in favour of religious houses, and in
this way the great ecclesiastical corporations acquired their
property .... In process of time the conception of bookland
seems to be coextensive with that of alodial land." Kenelm
E. Digby, An Introduction to the History of the Law of Real
Property 11-12 (5th ed. 1897).
"Prior to the Conquest, property in land was divided into
bocland, folcland, and laenland. The exact nature of these
rights has been disputed, but probably hocland was held
by owners of high station claiming under a charter of privi
leges originally granted by the King, while folclandwas held
by ordinary owners according to the custom of the district
in which the land lay. Laenland, or loanland, appears to
have represented something in the nature of a tenancy of
a less enduring character. It derived its existence from the
loan of land by one person to another, and hence empha
sises the relation later known as that of feudal landlord and
tenant. Furthermore, as bocland became more common, a
tendency for laenland and hocland to coalesce appeared."
A.K.R. Kiralfy, Potter's Outlines of English Legal History 195
(5th ed. 1958).
bookmaker. A person who determines odds and receives
bets on the outcome of events, esp. sports events. -
Also termed bookie. See BOOKMAKING.
bookmaking. Gambling that entails the taking and
recording of bets on an event, esp. a sporting event
such as a horse race or football game. [Cases: Gaming
book of original entry. A day-to-day record in which a
business's transactions are first recorded.
books of account. See SHOP BOOKS.
Books of Adjournal. Scots law. The records of the High
Court ofJusticiary.
Books of Sederunt. Scots law. The records of the Court
of Session.
book value. (1894) 1. The value at which an asset is
carried on a balance sheet. Cf. BOOK EQUITY. Also
termed carrying value. 2. See OWNER'S EQUITY.
adjusted book value. The current actual value of an
asset or liability as compared to the value when it was
first acquired or incurred or when changes were pre
viously updated.
net book value. See OWNER'S EQUITY.
book-value stock. See STOCK.
boomage. 1. A fee charged by a company for collect
ing and distributing logs that have accumulated in its
boom (Le., a line of sawed logs collected and stored on
a stream's surface). [Cases: Logs and Logging 14.]
2. A right to enter on riparian lands to fasten booms. 3.
An anchorage fee charged by a canal proprietor. [Cases:
Canals (::;;;)27.J
boon, n. Hist. Unpaid services, rendered in kind or
labor, without being fixed in amount or time, that
some tenants owed to the landowner as a condition
of tenancy.
boon day. (usu. pI.) Hist. One of several days in the year
when copyhold tenants were obliged to perform base

boot
services for the lord (such as reaping corn) without
pay. Also termed due day. Sometimes (errone
ously) termed bind day.
boot, n. 1. Tax. Supplemental money or property subject
to tax in an otherwise tax-free exchange. [Cases:
Internal Revenue (:::::::>3679.] 2. Corporations. In a cor
porate reorganization, anything received other than
the stock or securities of a controlled corporation. 3.
Commercial law. Cash or other consideration used
to balance an otherwise unequal exchange. 4. Hist.
ESTOVERS (1). 5. BOTE (1).
boot camp. (1916) 1. A camp for basic training of Navy
or Marine Corps recruits. 2. A military-like facility
esp. for juvenile offenders. -Boot camps are special
ized programs for offenders who are generally nonvio
lent males from 17 to 25 years old. While proponents
applaud the success of these programs, others find their
long-term success limited at best. See shock incarcera
tion under INCARCERATION.
boothage (boo-thij). See BOTHAGIUM.
bootleg, vb. Copyright. To make, distribute, or traffic in
unauthorized sound or video recordings of live. broad
cast. or recorded performances that have not been com
mercially released by the copyright owner. -The term
strictly applies only to unauthorized copies of com
mercially unreleased performances. Dowling v. United
States, 473 U.S. 207, 209 n. 2, 105 S.Ct. 3127, 3129 n. 2
(1985) (Blackmun, J.). See PIRACY (4). bootleg, vb.
bootleg; bootlegged, adj.
bootleg copy. Copyright. See BOOTLEG RECORDING (1).
bootlegger, n. A person who manufactures. transports,
or sells something illegally, esp. alcoholic beverages.
See MOONSHINE. [Cases: Intoxicating Liquors (:::::::>'137,
138,146.]
bootleg recording, n. Copyright. 1. An unauthorized
fixation or copy of a live or broadcast performance in
a tangible medium or digital duplication made avail
able over the Internet. -Also termed bootleg copy,
underground recording, import recording. [Cases: Copy
rights and Intellectual Property (:::::::>67.2.]2. See PIRATE
RECORDING. 3. COUNTERFEIT RECORDING.
bootstrap, vb. (1951) 1. To succeed despite sparse
resources. 2. To reach an unsupported conclusion from
questionable premises.
bootstrap doctrine. (1940) Conflict of laws. The doctrine
that forecloses collateral attack on the jurisdiction of
another state's court that has rendered final judgment.
 The doctrine applies when a court in an earlier case
has taken jurisdiction over a person. over status, or over
land. It is based on the principle that under res judicata.
the parties are bound by the judgment. whether the
issue was the court's jurisdiction or something else. The
bootstrap doctrine, however. cannot effectiveness
to a judgment by a court that had no subject-matter
jurisdiction. For example. parties cannot, by appearing
before a state court, "bootstrap" that court into having
jurisdiction over a federal matter. [Cases: Judgment C-'='
488,818,829.] 208
"If the court which rendered the judgment has, with the
parties before it. expressly passed upon the jurisdictional
question in the case, or had opportunity to do so because
the parties could have raised the question, that question
is res judicata, and is therefore not subject to collateral
attack in the state in which the judgment is sued on. This
has been called the 'bootstrap doctrine,' the idea being
that a court which initially had no jurisdiction can when
the issue is litigated lift itself into jurisdiction by its own
incorrect but conclusive finding that it does havejurisdic
tian." Robert A. Leflar. American Conflicts Law  79, at 159
(3d ed. 1977).
bootstrap sale. See SALE.
booty. 1. Int'llaw. Movables taken from the enemy as
spoils in the course of warlike operations. -Also
termed spoils of war. 2. Property taken by force or
piracy; prize or loot.
BOP. abbr. BUREAU OF PRISONS.
bordage (bor-dij). Hist. A type of tenure in which a
tenant holds a cottage and a few acres in exchange
for providing customary services to the lord. Also
termed bordagium.
bordar (bor-d;:lr). Hist. A bordage tenant. -The status
of such a tenants was less servile than that of a villein
tenant. See BORDAGE; VILLEINAGE. Also termed
bordarius (pI. bordarii).
border. A boundary between one nation (or a political
subdivision) and another.
Border and Transportation Security Directorate. The
division of the U.S. Department of Homeland Security
responsible for maintaining the safety of the nation's
borders and transportation systems. _ The Directorate
includes the Transportation Security Administration,
the U.S. Customs Service. the border security func
tions of the U.S. Citizenship and Immigration Service,
the Animal & Plant Health Inspection Service. and the
Federal Law Enforcement Training Center. It is the
Department's largest division. Abbr. BTS.
border control.lnt'llaw. A country's physical manifes
tation of its territorial sovereignty, by which it regu
lates which people and goods may enter and leave. -
As a practical matter, border controls are often used to
contain plant and animal diseases, fight terrorism, and
detect the movement of criminals.
bordereau (bor-d;:l-roh). n. 1. A description of reinsured
risks; esp., a periodic report provided by a cedent to
a treaty reinsurer, consisting of basic information
affecting the reinsurance treaty, such as the underly
ing insureds, the types of risks covered, policies, and
dates ofloss. See REINSURANCE TREATY. 2. A detailed
note of account. PI. bordereaux. bordereau, vb.
border search. See SEARCH.
border warrant. See WARRANT (1).
bord-halfpenny (bord-hay-p;:l-nee). See BOTHAGIUM.
bordlands. Hist. Land used by the nobility to produce
food. _ Bordlands remained under the nobility's direct
control or were given to tenants who produced provi
sions for the landowner. Cf. BORDAGE.

209
borg (borg), n. Hist. Scots law. 1. A thing deposited as
a security, esp. for bail or a suretyship. 2. A surety. -
Also spelled borghe; borh.
borgh. 1. See BORG. 2. See BORROW.
borh. 1. See BORG. 2. See BORROW.
bork (bork), vb. (1987) Slang. 1. (Of the u.s. Senate) to
reject a nominee, esp. for the U.S. Supreme Court, on
grounds of the nominee's political and legal philoso
phy . The term derives from the name of Robert Bark,
President Ronald Reagan's unsuccessful nominee for
the Supreme Court in 1987. 2. (Of political and legal
activists) to embark on a media campaign to pressure
U.S. Senators into rejecting a President's nominee. 3.
Generally, to smear a political opponent.
born-alive test. 1. Under the common law, a showing that
an infant was completely expelled from the mother's
womb and possessed a separate and independent exis
tence from the mother. 2. A shoWing that an infant,
at the time of birth, was capable of living a separate
and independent existence (regardless of how long the
infant actually lived) . This test was first announced in
Bonbrest v. Kotz, 65 F. Supp. 138 (D.D.C. 1946). [Cases:
Abortion and Birth Control (~109.]
born valid. Patents. Presumed to be good; entitled to
the legal presumption that a patent was justified when
issued and that challengers bear the burden of proving
by dear and convincing evidence that the patent should
not have been granted . Defenses against infringe
ment claims take three tacks: denying that the product
infringes on the plaintiff's rights, challenging the
validity of the patent itself, or challenging its enforce
ability. Also termed presumption of validity. [Cases:
Patents
''The patent statute is unambiguous: 'A patent shall be
presumed valid .... The burden of establishing invalidity
of a patent or any claim thereof shall rest on the party
asserting such invalidity.' A patent is born valid. It remains
valid until a challenger proves it was stillborn or had birth
defects, or is no longer Viable as an enforceable right."
Roper Corp. v. Litton Sys., Inc., 757 F.2d 1266, 1270 (Fed.
Or. 1985) (quoting 35 USCA  282).
borough (b3r-d), n. 1. A town or township with a munic
ipal charter, such as one of the five political divisions of
New York City. [Cases: Municipal Corporations
2. English law. A chartered town that originally sent a
member to Parliament. 3. Hist. A fortified or important
town. -Also spelled burgh.
borough court. English law. An inferior civil court of
record, usu. preSided over by the municipal recorder.
 Most borough courts were abolished by Parliament
in 1972. Cf. BOROUGH SESSIONS; RECORDER (1).
borough English. Hist. A common-law rule of descent
whereby the youngest son (or sometimes the youngest
daughter or collateral heir) inherited all his father's
lands . If the landowner had no issue, his youngest
brother inherited the land. This practice applied to
s


's
lands . If the landowner had no issue, his youngest
brother inherited the land. This practice applied to
socage tenures in some parts of England. It was abol
ished by statute in 1925. Also termed postremogen-bote
iture; ultimogeniture. -Also termed burgh English;
burgh Engloys. See PRIMOGENITURE.
borough fund. English law. The revenue generated by a
municipal borough.
borough-holder. See BORSHOLDER.
borough reeve. See REEVE.
borough sessions. Criminal-court sessions held before a
municipal recorder. Cf. BOROUGH COURTS; RECORDER
(1).
borrow, n. A frankpledge. Also spelled borgh; borh.
See DECENARY; FRANKPLEDGE.
borrow, vb. 1. To take something for temporary use. 2.
To receive money with the understanding or agreement
that it must be repaid, usu. with interest. See LOAN.
[Cases: Contracts C=:c 194.]
borrowed capital. Funds lent to a corporation or other
entity to finance its operations, such as cash dividends
that are declared by a corporation but temporarily
retained (with stockholder approval) to provide operat
ing funds. [Cases: Internal Revenue C=:c4133; Taxation
C=:c2545.]
borrowed employee. See EMPLOYEE.
borrowed servant. See borrowed employee under
EMPLOYEE.
borrowed-statutes doctrine. The principle that if one
state adopts a statute identical to that of another state,
any settled judicial construction of that statute by the
courts of the other state is binding on the courts of the
state that later enacts the statute. [Cases; Courts
95(2); Statutes 0;::;226.J
borrower. A person or entity to whom money or some
thing else is lent.
borrowhead. See BORSHOLDER.
borrowing statute. (1934) A legislative exception to the
conflict-of-Iaws rule holding that a forum state must
apply its own statute of limitations . A borrowing
statute specifies the circumstances in which a forum
state will apply another state's statute oflimitations.
[Cases; Limitation of Actions
borsholder (bors-hohl-dar). Hist. 1. The chief of a tithing
or frankpledge. 2. A petty constable. Also termed
borough-holder; borrowhead; headborough.
Boston interest. See INTEREST (3).
bote (boht). [Anglo-Saxon] Hist. 1. A compensation or
profit; esp., an allowance of wood; ESTOVERS (1).
Also spelled bot; boot.
brigbote. See BRIGBOTE.
cartbote. See plowbote.
firebote. See housebote.
haybote. See HAYBOTE.
hedgebote. See HAYBOTE.
housebote. An allowance of wood from the estate used
to repair a house or to burn in the fireplace. Also
termed firebote.

bote less
plowbote. An allowance of wood for the construc-
tion and repair of farm equipment. Also termed
cartbote.
wainbote. An allowance of wood for the repair of
wagons.
2. A compensatory payment for causing an injury. Cf.
BOTELESS.
"Bot (relief, remedy, compensation) was set at a certain
number of shillings in case of wounding, a higher number if
the wound injured not only flesh but also bone; indemnity
had to be higher if the bone was broken. And so it went
with other injuries." Charles Herman Kinnane, A First Book
on Anglo-American Law 215 (2d ed. 1952).
Godbot~. A church fine paid for offenses against God.
hadbote. Hist. Amends for an affront to or violence
against a person in holy orders. -Also spelled
had-bot.
kinbote. See manbote.
lowbote. See LOWBOTE.
maegbote (mag-boht). Bote paid to the relatives of an
injured person.
manbote. Compensation for killing someone. -Also
termed kinbote.
theftbote (theft-boht). The acceptance of a payment
from a thief in exchange i()r an agreement not to pros
ecute; COMPOUNDING A CRIME. -The payment might
be either a bribe or a return of the stolen goods them
selves. This was a form of compounding a felony.
"Another offence of this class is theftbote or composition
with a thief by which the person robbed takes his goods
again and by contract suppresses the robbery and defrauds
justice. This crime is punishable by fine and imprisonment."
1 Sir Robert Chambers, A Course of Lectures on the English
Law: 1767-/773448 (Thomas M. Curley ed., 1986).
3. A tenant's right to use as much wood from the estate
as necessary for fuel, fences, and other agricultural
operations. -Bote in this sense is an earlier form of
estovers. 4. BRIGBOTE.
boteless (boht-Ias), adj. Hist. 1. Of or relating to an
offense that cannot be expiated or otherwise remedied
by the payment of a fine, the offender being required to
suffer loss ofliberty or life. _ Boteless offenses appeared
in Anglo-Saxon Britain about A.D. 700. They appear
to have involved treason or violence against the king.
2. Without relief or remedy; without the privilege of
making satisfaction for a crime by pecuniary payment.
 The modern word bootless is derived from this term.
Cf. BOTE (2).
"In the laws of lne it appeared possible, in the discretion
of the kind, to put certain offenders to death, rather than
let them save themselves by paying a money fine. This
involved a step in the modern direction, as far as criminal
law is concerned. The 'boteless' offense, that is, the offense
which can not be fully expiated by the payment of a money
fine so that the gUilty person must suffer loss of liberty or
life is so familiar to us that we take it as a matter of course;
it seems, however, to have first appeared in Anglo-Saxon
Britain about the year A.D. 700. In general, these 'bote less'
offenses seem to have appeared in connection with matter
that we would say now involved treason or Violence offered 210
to the king." Charles Herman Kinnane, A First Book on
AngloAmerican Law 216-17 (2d ed. 1952).
bothagium (bah-thay-jee-am). Hist. Customary dues
paid to a lord for placing a booth in a fair or market. -
Also termed bard-halfpenny; boothage.
botHer of the kiug. Hist. An officer who provided the
king's wines. -By virtue of office, the botiler could
choose two casks from every wine-laden ship. The
modern word butler is derived from botiler.
bottomage bond. See bottomry bond under BOND (2).
bottom-hole agreement. Oil & gas. A support agree
ment in which the contributing party agrees to make a
cash contribution to the drilling party in exchange for
geological or drilling information if the well is drilled
to the agreed depth. See SUPPORT AGREEMENT. [Cases:
Mines and Minerals (;:~) 109.] .
bottomland. (18c) Low-lying land, often located in a
river's floodplain.
bottomry. Maritime law. A contract by which a ship
owner pledges the ship as security for a loan to finance
a voyage (as to equip or repair the ship), the lender
lOSing the money if the ship is lost during the voyage.
-The term refers to the idea that the shipowner pledges
the ship's bottom, or keel. Cf. RESPOKDEKTIA. [Cases:
Shipping G~88.]
bottomry bond. See BOND (2).
bought and sold notes. Two memoranda prepared by a
broker to record the sale of a note. -'The broker sends
the bought note to the purchaser, and sends the sold
note to the seller.
bought note. See NOTE (1).
boulevard rule. The principle that the driver of a vehicle
approaching a highway from a smaller road must stop
and yield the right-of-way to all highway traffic. [Cases:
Automobiles c;:=.17l(5).]
boulwarism. Labor law. A bargaining tactic in which
an employer researches the probable outcome of col
lective bargaining and uses the information to make a
firm settlement ofter to a union on a take-it-or-Ieave-it
basis, so that there is no real negotiation. _ Boulwar
ism is now considered to be an unfair labor practice
by the National Labor Relations Board. The practice
takes its name from Lemuel Boulware, vice president
for employee relations at General Electric Company,
who used the technique during the mid-20th century.
[Cases: Labor and Employment c;:=.1483(l).J
bounced check. See bad check under CHECK.
bound, adj. (lSc) 1. Constrained by a contractual or
other obligation <they are bound to make the payments
by the first of each month>. 2. (Of a court) constrained
to follow a precedent <bound by a Supreme Court
decision>.
bound, n. (usu. pI.) (l3c) 1. BOUNDARY <metes and
bounds>. 2. A limitation or restriction on action
<within the bounds of the law>.

211
bound, vb. (14c) To delineate a property boundary
<property bounded by the creek>. Cf. BIND.
boundary. (l598) 1. A natural or artificial separation
that delineates the confines of real property <the creek
serves as a boundary between the two properties>. See
METES AND BOUNDS. [Cases: Boundaries (;:::0 1-25.]
"The object of all rules for the establishment of boundaries
is to ascertain the actual location ofthe boundary as made
at the time. The important and controlling consideration,
where there is a conflict as to a boundary, is the parties'
intention, whether express or shown by surrounding cir
cumstances .... " 11 c.J.S. Boundaries  3 (1995).
agreed boundary. A negotiated boundary by which
adjacent landowners resolve uncertainties over the
extent of their land. -Also termed boundary by
agreement; boundary by acqUiescence. See DOCTRINE
OF PRACTICAL LOCATION. [Cases: Boundaries (;:::046,
48.]
land boundary. (l8c) The limit of a landholding, usu.
described by linear measurements of the borders, by
points of the compass, or by stationary markers. See
FORTY; LEGAL DESCRIPTION. [Cases: Boundaries
lost boundary. A boundary whose markers have
decayed, changed, or been removed or displaced in
such a manner that the boundary's correct location
can no longer be determined with confidence. [Cases:
Boundaries (;:::056.]
natural boundary. Any nonartificial thing (such as a
river or ocean) that forms a boundary of a nation, a
political subdivision, or a piece of Also
termed natural object. [Cases: Bounda ies
private boundary. An artificial boundary marker.
[Cases: Boundaries C=5.]
public boundary. A natural formation that marks the
beginning of a boundary line. -Also termed natural
boundary. [Cases: Boundaries
2. Int'l law. A line marking the limit of the territorial
jurisdiction of a state or other entity having an interna
tional status. [Cases: International Law (;:::oS.]
boundary by acquiescence. See agreed boundary under
BOUNDARY.
boundary by agreement. See agreed boundary under
BOUNDARY.
boundary traffic. The movement of persons or goods
across an international boundary.
bound bailiff. See BAILIFF.
bounded tree. A tree that marks a corner of a property's
boundary.
bounder. A visible mark that indicates a territorial limit
in a land survey.
bounty. (13c) 1. A premium or benefit offered or given,
esp. by a government, to induce someone to take action
or perform a service <a bounty for the killing of dan
gerous animals>. Cf. REWARD. 2. A gift, esp. in a will;
generosity in giving <the court will distribute the testa
tor's bounty equally>. 3. The portion of a salvage award boycott
exceeding what the salvor would be entitled to on the
basis of quantum meruit. -Also termed gratuity;
bonus.
bounty hunter. (1930) A person who for a fee pursues
someone charged with or suspected of a crime; esp., a
person hired by a bail-bond company to find and arrest
a criminal defendant who has breached the bond agree
ment by failing to appear in court as ordered. Also
termed bail-enforcement agent.
bounty land. See LAND.
bounty-land warrant. Hist. A state-or federal-gov
ernment-issued certificate affirming a veteran's eligi
bility to apply for ownership of a certain amount of
public land . A veteran had to apply for a bounty-land
warrant; it was not automatically granted. When the
application was approved, the veteran received notice
that the warrant had been issued in the veteran's name
and was on file in the General Land Office. The veteran
could then sell or otherwise transfer the bounty-land
warrant to anyone, even a nonveteran. The warrant
holder acquired the right to redeem the warrant and
apply for a land patent. The last statute authorizing the
issue of bounty-land warrants was enacted in 1894, and
the last warrants were issued in 1906.
bourse (buurs). [French] French law. An exchange; a stock
exchange. Also termed bourse de commerce.
boutique (boo-teek). (1984) A small specialty business;
esp., a small law firm specializing in one particular
aspect oflaw practice <a tax boutique>.
bovata terrae (boh-vay-ta ter-ee). [Law Latin] Hist.


<a tax boutique>.
bovata terrae (boh-vay-ta ter-ee). [Law Latin] Hist. See
OXGANG.
bow-bearer. Hist. An officer responsible for apprehend
ing trespassers and poachers in the king's forest.
box, vb. Hist. Eng. & Scots law. To file a paper with a
court oflaw.
box day. Hist. Scots law. One of the vacation days formerly
appointed for filing papers in the Court of Session.
box-top license. See shrink-wrap license under
LICENSE.
boycott, n. (1880) 1. An action deSigned to achieve the
social or economic isolation of an adversary . The
term derives from Captain Charles C. Boycott, an
English landowner in famine-plagued Ireland of the
1870s; because of his ruthless treatment ofIrish tenant
farmers, the Irish Land League ostracized him. 2. A
concerted refusal to do business with a party to express
disapproval of that party's practices. 3. A refusal to
deal in one transaction in an effort to obtain terms
desired in a second transaction . Under the Sherman
Antitrust Act, even peaceful persuasion of a person
to refrain from dealing with another can amount to a
boycott. See 15 USCA  1-7. Cf. PICKETING; STRIKE.
boycott, vb.
consumer boycott. (1941) A boycott by consumers of
products or services to show displeasure with the
manufacturer, seller, or provider.

Boykin Act
group boycott. Antitrust. 1. CONCERTED REFUSAL TO
DEAL. 2. A type of secondary boycott by two or more
competitors who refuse to do business with one firm
unless it refrains from doing business with an actual
or potential competitor of the boycotters. - A group
boycott can violate the Sherman Act and is analyzed
under either the per se rule or the rule of reason,
depending on the nature of the boycott. See PER SE
RULE; Rt:LE OF REASOK [Cases: Antitrust and Trade
Regulation
"Since early in this century, courts have interpreted Section
1 [of the Sherman Act] to limit the ability of competing firms
to agree not to deal with or to isolate another firm. Unlike
many-cartels, where all competitors voluntarily join to fix
prices (and share monopoly rewards), concerted refusals
to deal usually involve a subset of all market participants
who band together to gain market power by destroying or
coercing their rivals. Such organized refusals to deal with
a particular firm are usually given the pejorative label of
'group boycotts." Ernest Gellhorn & William E. Kovacic,
Antitrust Law and Economics in a Nutshell 204 (4th ed.
1994).
primary boycott. (1903) A boycott by union members
who stop dealing with a former employer. [Cases:
Labor and Employment (;= 1393.]
secondary boycott. (1903) A boycott of the customers
or suppliers of a business so that they will withhold
their patronage from that business. -For example, a
group might boycott a manufacturer who advertises
on a radio station that broadcasts messages consid
ered objectionable by the group. [Cases: Labor and
Employment 1412.]
Boykin Act. Hist. Patents. A statute, passed after World
War II, that extended the U.S. patenting deadlines for
citizens of former enemy nations. - A similar measure,
the Nolan Act, was passed after World War I.
Boyle defense. See GOVERNMENT-CONTRACTOR
DEFENSE.
bp. Abbr. See BASIS POINT.
B.R. abbr. 1. Bankruptcy Reporter. -Also abbreviated
Bankr. Rep. 2. Bancus Regis [Latin "King's Bench"]. 3.
Bancus Reginae [Latin "Queen's Bench"]. -This abbre
viation has been replaced by the English initials of these
courts, K.B. and Q.B.
braccry. Hist. 1. The offense of selling pretended rights
or title to land. _ This practice was outlawed by statute
of 32 Hen. 8, ch. 9. 2. EMBRACERY.
bracket creep. (1978) The process by which inflation or
increased income pushes individuals into higher tax
brackets.
bracket system. Tax. A system for collecting a sales tax
based on an index providing for a graduated payment
depending on the purchase price of the item, the
purpose being fourfold: (1) to avoid having the seller
collect a tax less than one cent; (2) to avoid requiring the
state to figure the exact amount of tax on each sale; (3)
to allow the seller to have a ready means for fixing the
tax to be collected; and (4) to allow the state to collect
about the right amount of tax. -'Ihis system may be 212
prOVided for either by statute or by administrative reg
ulation. [Cases: Taxation (:::::3707.]
Bracton. The common title of one of the earliest books
of English law, De Legibus et Consuetudinibus Angliae
(ca. 1250). -Henry of Bratton (also known as Bracton),
a judge of the Court of King's Bench and of Assize, is
credited with writing the work, though he may have
merely revised an earlier version.
"Bracton's book is the crown and flower of English medieval
jurisprudence .... Romanesque in form, English in sub
stance ~ this perhaps is the best brief phrase that we can
find for the outcome of his labours; but yet it is not very
good. He had at his command and had diligently studied ...
various parts of the Corpus luris Civilis, of the Decretum,
and the Decretals, and he levied contributions from the
canonist Tancred .... Bracton's debt and therefore our
debt ~ to the civilians is inestimably great. But for them.
his book would have been impossible; but for them ... we
should have missed not only the splendid plan. the orderly
arrangement, the keen dilemmas, but also the sacerdotal
spirit of the work. On the other hand, the main matter of
his treatise is genuine English law laboriously collected out
of the plea rolls of the king's court .... [Hlis endeavor is to
state the practice, the best and most approved practice, of
the king's court, and of any desire to romanize the law we
must absolutely acquit him." 1 Frederick Pollock & Frederic
W. Maitland, The History of English Law Before the Time of
Edward I 206-09 (2d ed. 1898).
Brady Act. A federal law establishing a national system
for quickly checking the background of a prospective
handgun purchaser. -The formal name of the law is
the Brady Handgun Violence Prevention Act. The U.S.
Supreme Court held unconstitutional the law's interim
provision, which required chief state law-enforcement
officers (usu. sheriffs) to conduct background checks
until the national system was in place. The act is named
for James Brady, who, as a member of President Ronald
Reagan's staff, was wounded by gunfire during an
attempted presidential assassination in 1981. 18 USCA
 921-930. -Also termed (informally) Brady Bill.
Brady material. (1972) Criminal procedure. Information
or evidence that is favorable to a criminal defendant's
case and that the prosecution has a duty to disclose.
_ lhe prosecution's withholding of such information
violates the defendant's due-process rights. Brady v.
Maryland, 373 U.S. 83, 83 S.Ct. 1194 (1963). See excul
patory evidence under EVIDENCE. Cf. JENCKS MATERIAL.
[Cases: Constitutional Criminal Law(;=
1991.]
Brady motion. A criminal defendant's request that
a court order the prosecution to turn over evidence
favorable to the defendant when the evidence is
relevant to the defendant's guilt or punishment. Brady
v. Maryland, 373 U.S . 83 S.Ct. 1194 (1963). See BRADY
MATERIAL. [Cases: Criminal Law "~2006.]
brain death. See DEATH.
brake. See DUKE OF EXETERS DAUGHTER.
branch. (Be) 1. An offshoot, lateral extension, or division
of an institution <the executive, legislative, and judicial
branches of government>. 2. A line of familial descent
stemming from a common ancestor <the Taylor branch
of the Bradshaw family>. Also termed stock. 3. A

213
license held by a ship's pilot. See branch pilot under
PILOT.
branch pilot. See PILOT.
brand. Trademarks. A name or symbol used by a seller or
manufacturer to identify goods or services and to dis
tinguish them from competitors' goods or services; the
term used colloquially in business and industry to refer
to a corporate or product name, a business image, or a
mark, regardless of whether it may legally qualify as a
trademark.  Branding is an ancient practice, evidenced
by individual names and marks found on bricks, pots,
etc. In the Middle Ages, guilds granted their members
the right to use a guild-identifying symbol as a mark of
quality and for legal protection. -Also termed brand
name. Cf. TRADEMARK; TRADENAME.
private brand. An identification mark placed on goods
made by someone else under license or other arrange
ment and marketed as one's own . The seller of pri
vate-brand goods sponsors those goods in the market,
becomes responsible for their quality, and has rights
to prevent others from using the same mark. [Cases:
Trademarks C=> 1202.]
brand architecture. Trademarks. The strategic analysis
and development of optimal relationships among the
multiple levels of a company and its brands, products,
features, technology, or ingredient names. [Cases:
Trademarks C=> 1060.]
Brandeis brief (bran-dIs). (1930) A brief, usu. an appel
late brief, that makes use of social and economic studies
in addition to legal principles and citations . The brief
is named after Supreme Court Justice Louis D. Brandeis,
who as an advocate filed the most famous such brief
in Muller v. Oregon, 208 U.S. 412, 28 S.Ct. 324 (1908),
in which he persuaded the Court to uphold a statute
setting a maximum ten-hour workday for women.
Brandeis rules. See ASHWANDER RULES.
branding. 1. The act of marking cattle with a hot iron
. to identify their owner. [Cases: Animals 2.
Formerly, the punishment of marking an offender with
a hot iron.
brand name. 1. See BRAND. 2. See TRADENAME.
branks (brangks). Hist. An instrument used to punish
scolds, consisting of an iron framework that sur
rounded the head and entered the mouth to keep the
offender's tongue depressed. -Also termed scolding
bridle. See SCOLD. Cf. CASTIGATORY.
brassage (bras-ij). Hist. A government charge for the
actual cost of coining metals . Any profit is termed
seigniorage. See SEIGNIORAGE (2).
brawl, n. 1. A noisy quarrel or fight. 2. The offense of
engaging in such a quarrel or fight . In most jurisdiC
tions, the offense is a statutory civil misdemeanor. 3.
Hist. Eccles. law. The offense of disturbing the peace of
a consecrated building or area; specif., a disturbance,
such as arguing, within the churchyard or church .
 Until 1860, offenders faced trial in ecclesiastical
courts. -Also termed brawling. -brawl, vb. breach of contract
breach, n. (15c) A violation or infraction of a law or
obligation <breach of warranty> <breach of duty>. -
breach, vb.
breach of arrest. A military offense committed by an
officer who, being under arrest in quarters, leaves those
quarters without a superior officer's authorization. See
arrest in quarters under ARREST.
breach of close. (I8c) The unlawful or unauthorized entry
on another person's land; a common-law trespass. -
Also termed breaking a close. See CLOSE (1). [Cases:
Trespass 10.]
breach of contract. (17c) Violation of a contractual
obligation by failing to perform one's own promise, by
repudiating it, or by interfering with another party's
performance. [Cases: Contracts C=>312, 315.]
"A breach may be one by non'performance, or by repu
diation, or by both. Every breach gives rise to a claim for
damages, and may give rise to other remedies. Even if the
injured party sustains no pecuniary loss or is unable to
show such loss with sufficient certainty, he has at least a
claim for nominal damages. If a court chooses to ignore a
trifling departure, there is no breach and no claim arises."
Restatement(Second) of Contracts  236 cmt. a (1979).
active breach of contract. Civil law. The negligent per
formance of a contractual obligation, to the point of
acting outside the contract's terms . Under Loui
siana law before 1984, active breach of contract was
contrasted with passive breach of contract, which was
a failure to perform the obligations created by the
contract. Unlike a passive breach, an active breach of
contract could give rise to a claim in contract and in
tort. The distinction was abolished in 1984. Cf. passive
breach of contract. Contracts C=>312.]
anticipatory breach. (1889) A breach of contract caused
by a party's anticipatory repudiation, i.e., unequivo
cally indicating that the party will not perform when
performance is due . Under these circumstances, the
nonbreaching party may elect to treat the repudiation


will not perform when
performance is due . Under these circumstances, the
nonbreaching party may elect to treat the repudiation
as an immediate breach and sue for damages. Also
termed breach by anticipatory repudiation; construc
tive breach. See anticipatory repudiation under REPU
DIATION. [Cases: Contracts C=>313.J
"A repudiation by one party may occur before the time for
performance has arrived. Such a repudiation is called an
anticipatory breach, and it gives the innocent party the
option of treating the contract as terminated at once and
suing for damages immediately if he chooses or, alterna
tively, of waiting until the time of performance has arrived,
and then again calling on the other party to perform.
Should he choose the latter course he runs the risk that
the contract may possibly become frustrated in the interim,
in which case he will have lost his right to damages." P.S.
Atiyah, An Introduction to the Law of Contract 298 (3d ed.
1981).
constructive breach. See anticipatory breach.
continuing breach. (18I7) A breach of contract that
endures for a considerable time or is repeated at short
intervals.
efficient breach. (l977) An intentional breach of
contract and payment of damages by a party who

breach of covenant
would incur greater economic loss by performing
under the contract. See EFFICIENT-BREACH THEORY.
immediate breach. (I820) A breach that entitles the
nonbreaching party to sue for damages immedi
ately.
material breach. (1840) A breach of contract that is
significant enough to permit the aggrieved party to
elect to treat the breach as total (rather than partial),
thus excusing that party from further performance
and affording it the right to sue for damages. [Cases:
Contracts <::=0317,318.]
"In determining whether a failure to render or to offer
performance is material, the following circumstances are
significant: (a) the extent to which the injured party will
be deprived of the benefit which he reasonably expected;
(b) the extent to which the injured party can be adequately
compensated for the part of that benefit of which he will
be deprived; (c) the extent to which the party failing to
perform or to offer to perform will suffer forfeiture; (d)
the likelihood that the party failing to perform or to offer
to perform will cure his failure, taking account of all the
circumstances including any reasonable assurances; (e)
the extent to which the behavior of the party failing to
perform or to offer to perform comports with standards
of good faith and fair dealing." Restatement (Second) of
Contracts  241 (1979).
partial breach. (I8c) A breach of contract that is less
significant than a material breach and that gives
the aggrieved party a right to damages, but does
not excuse that party from performance; speci., a
breach for which the injured party may substitute the
remedial rights provided by law for only part of the
existing contract rights. [Cases: Contracts <::=0319.]
passive breach of contract. Civil law. A failure to
perform the requirements of a contract.  Under
Louisiana law up to 1984, passive breach of contract
was contrasted with active breach of contract, which
was negligence in performing a contractual obliga
tion. While an active breach of contract could give
rise to claims in contract and in tort, a passive breach
of contract usu. did not give rise to a tort claim. Cf.
active breach of contract. [Cases: Contracts <::=0315.]
total breach. (I8c) A breach of contract for which the
remedial rights provided by law are substituted for
all the existing contractual rights, or can be so sub
stituted by the injured party; esp., a material breach
that gives rise to a claim for damages based on the
aggrieved party's remaining rights to performance
under the contract. [Cases: Contracts <::=0317.]
breach of covenant. (16c) The violation of an express
or implied promise, usu. in a contract, either to do or
not to do an act. See COVENANT. [Cases: Contracts <::=0
312.]
breach of duty. (16c) The violation of a legal or moral
obligation; the failure to act as the law obligates one to
act; esp., a fiduciary's violation of an obligation owed
to another. See NEGLIGENCE. [Cases: Negligence <::=0
250.]
breach ofloyalty. An act that is detrimental to the inter
ests of someone to whom a fiduciary duty is owed; esp., 214
an act that furthers the actor's own interests or those
of a competitor of the beneficiary.
breach of peace. See BREACH OF THE PEACE.
breach of prison. See PRISON BREACH.
breach of promise. The violation of one's word or under
taking, esp. a promise to marry . Under English
common law, an engagement to marry had the nature
of a commercial contract, so if one party broke the
engagement without justification, the innocent party
was entitled to damages. See HEARTBALM STATUTE.
[Cases: Breach of Marriage Promise <::=0 1-36.]
breach of the peace. (16c) The criminal offense of creating
a public disturbance or engaging in disorderly conduct,
particularly by making an unnecessary or distracting
noise. -Also termed breach of peace; disturbing the
peace; disturbance of the peace; public disturbance. See
disorderly conduct under CONDUCT. [Cases: Breach of
the Peace <::=0 1; Disorderly Conduct <::=0 104-140.]
"A breach of the peace takes place when either an assault is
committed on an individual or public alarm and excitement
is caused. Mere annoyance or insult is not enough: thus
at common law a householder could not give a man into
custody for violently and persistently ringing his doorbell.
It is the particular duty of a magistrate or police officer to
preserve the peace unbroken; hence if he has reasonable
cause to believe that a breach of the peace is imminent he
may be justified in committing an assault or effecting an
arrest." R.F.V. Heuston, Salmond on the Law of Torts 131
(17th ed. 1977).
"The beginning of our criminal justice ... was concerned
very largely with the problem of keeping the peace. Because
of this fact all early indictments included some such phrase
as 'against the peace of the King'; and until recently statu
tory provisions for simplification, indictments in this
country were thought to be incomplete without some such
conclusion as 'against the peace and dignity of the state.'
As a result ofthis history all indictable offenses are some
times regarded as deeds which violate the public peace,
and hence in a loose sense the term 'breach of the peace'
is regarded as a synonym for crime." Rollin M. Perkins &
Ronald N. Boyce, Criminal Law 477 (3d ed. 1982).
breach of trust. (l7c) 1. A trustee's violation of either the
trust's terms or the trustee's general fiduciary obliga
tions; the violation of a duty that equity imposes on a
trustee, whether the violation was willful, fraudulent,
negligent, or inadvertent.  A breach of trust subjects
the trustee to removal and creates personal liability. 2.
See MALADMINISTRATION.
breach of warranty. (18c) 1. A breach of an express or
implied warranty relating to the title, quality, content,
or condition of goods sold. UCC  2-312. [Cases: Sales
<::=0284.] 2. Insurance. A breach of the insured's pledge
or stipulation that the facts relating to the insured
person, thing, or risk are as stated. See WARRANTY
(3).
bread acts. Hist. Laws providing for the sustenance of
persons kept in prison for debt . These laws were
formerly on the books in both England and the United
States.
bread-and-cheese ordeal. See ordeal of the morsel under
ORDEAL.

215
breadth of a claim. Patents. The scope or extent to
which a patent claim excludes others from infringing
activity.
break, vb. (bef. 12c) 1. To violate or disobey (a law) <to
break the law>. 2. To nullify (a will) by court proceed
ing <Samson, the disinherited son, successfully broke
the will>. 3. To escape from (a place of confinement)
without permission <break out of prison>. 4. To open
(a door, gate, etc.) and step through illegally <break
the close>.
breakage. (1848) 1. An allowance given by a manufac
turer to a buyer for goods damaged during transit or
storage. 2. Insignificant amounts of money retained by
racetrack promoters from bets . The retention of these
small sums avoids the inconvenience of counting and
paying out inconsequential winnings. [Cases: Gaming
~5.]
break a house. To violently and feloniously remove or
sever any part of a house or its locks.
breakdown of the marriage. See IRRETRIEVABLE BREAK
DOWN OF THE MARRIAGE.
breaking, n. Criminal law. (l7c) In the law of burglary,
the act of entering a building without permission .
It does not require damage to the property. [Cases:
Burglary ~9(l).]
"[Tlo constitute a breaking at common law, there had to
be the creation of a breach or opening; a mere trespass at
law was insufficient. If the occupant of the dwelling had
created the opening, it was felt that he had not entitled
himself to the protection of the law, as he had not properly
secured his dwelling .... In the modern American criminal
codes, only seldom is there a requirement of a breaking.
This is not to suggest, however, that elimination of this
requirement has left the 'entry' element unadorned, so
that any type of entry will suffice. Rather, at least some of
what was encompassed within the common law 'breaking'
element is reflected by other terms describing what kind
of entry is necessary. The most common statutory term is
'unlawfully.' but some jurisdictions use other language,
such as 'unauthorized.' by 'trespass.' 'without authority.'
'without consent.' or 'without privilege.'" Wayne R. LaFave
& Austin W. Scott Jr., Criminal Law  8.13, at 793-94 (2d
ed. 1986).
breaking a case. (1950) 1. The voicing by one appellate
judge to another judge on the same panel of a tenta
tive view on how a case should be decided . These
informal expressions assist the judges in ascertaining
how close they are to agreement. 2. The solving of a
case by the police.
breaking a close. See BREACH OF CLOSE.
breaking and entering. See BURGLARY (2).
breaking a patent. The act of demonstrating that a patent
is invalid or unenforceable because it was used unlaw
fully by the patentee (esp. in violation of antitrust laws),
or improperly issued by the U.S. Patent and Trademark
Office because of fraud, the existence of prior art, or any
other barrier to proper issuance . Defendants in pat
ent-infringement actions may overcome the infringe
ment allegations by showing that the patent should not
have been allowed in the first place (so it is invalid), or B reorganization
that the patentee has misused the patent (so the patent
is unenforceable). [Cases: Patents ~97.]
breaking bulk, n. (l8c) 1. The act of dividing a large
shipment into smaller units. 2. Larceny by a bailee, esp.
a carrier, who opens containers, removes items from
them, and converts the items to personal use. -Also
termed breaking bale. [Cases: Larceny ~ 15.] -break
bulk, vb.
breaking-bulk doctrine. Hist. The rule that a bailee who
had lawful possession of property delivered in bulk and
wrongfully took the property committed larceny only
if the bailee broke the container open and took part or
all of the contents . If the bailee wrongfully took the
property without opening the container, the act was
theft but not larceny. -Also termed breaking-bale
doctrine.
breaking of entail. See BARRING OF ENTAIL.
break-up fee. See TERMINATION FEE.
breast of the court. A judge's conscience, mind, or dis
cretion . This phrase is a loan translation (or calque)
of the Latin phrase in pectore judicis. See IN PECTORE
JUDICIS.
Breathalyzer. (1960) A device used to measure a person's
blood alcohol content from a sample of the person's
breath, esp. when the police suspect that the person
was driving while intoxicated . The term is a trade
marked name. Breathalyzer test results are admissible
as evidence if the test was properly administered. -
Also termed alcoholometer; drunkometer; intoxilyzer;
intoximeter. See BLOOD ALCOHOL CONTENT. [Cases:
Automobiles ~411.] -breathalyze, vb.
breathing room. (1967) Slang. The postbankruptcy
period during which a debtor may formulate a debt
repayment plan without harassment or interference by
creditors. [Cases: Bankruptcy~2391, 3533.]
bredwite (bred-w;lt). Hist. A penalty for not complying
with regulations relating to the weight or quantity of
bread.
brehon (bree-h;ln). Hist. In Ireland, a judge.
Brehon law (bree-h;ln law). Hist. The ancient system of
law in Ireland at the time of its conquest by Henry II.
This law was formally abolished in 1366. -Sometimes
spelled Brehon Law.
"[TJhe Irish were governed by what they called the Brehon
law, so stiled from the Irish name of judges, who were
denominated Brehons. But king John in the twelfth year


, so stiled from the Irish name of judges, who were
denominated Brehons. But king John in the twelfth year of
his reign went into Ireland, and carried over with him many
able sages of the law; and there by his letters patent, in
right of the dominion of conquest, is said to have ordained
and established that Ireland should be governed by the
laws of England .... But to this ordinance many of the
Irish were averse to conform, and still stuck to their Brehon
law: so that both Henry the third and Edward the first were
obliged to renew the injunction .... And yet, even in the
reign of queen Elizabeth, the wild natives still kept and
preserved their Brehon law .... " 1 William Blackstone,
Commentaries on the Laws of England 1 00-01 (1765).
B reorganization. See REORGANIZATION (2).

brephotrophus
brephotrophus (bre-fah-tra-fas). [Greek] Civil law. A
person who manages institutions that receive and care
for poor or abandoned children . The word is Greek in
origin (lit. meaning "one who feeds an infant") and was
used in late Roman law, but it first appeared in English
in the 18th century. PI. brephotrophi.
brethren (breth-r<ln), n. pl. Brothers, esp. those consid
ered spiritual kin (such as male colleagues on a court)
<my brethren argue in the dissent that my statutory
interpretation is faulty> . The use of this collegial term
has naturally dwindled as more women have entered
law and esp. into the judiciary. Cf. SISTREN.
Bretts and Scots, Laws of the. The customary laws
used by the Celtic tribes of Scotland . Edward I of
England purported to abolish the laws in the early 14th
century.
breve (breev or bree-vee), n. [Law Latin] Hist. Writ.  The
word brevis meant "short," and brevia were short writs,
unlike charters. PI. brevia (bree-vee-<:l).
album breve (al-b<:lm breev or bree-vee). A blank writ;
a writ with a blank or omission in it.
apertum breve (a-par-t<:lm breev or bree-vee). [Latin
"open writ"] An open, unsealed writ. See patent writ
under WRIT. Cf. close write under WRIT; CLAUSUM.
breve de bono et malo (breev or bree-vee dee boh-noh
et mal-oh). See DE ODIO ET ATIA.
breve de conventione (breev or bree-vee dee k<ln-ven
shee-oh-nee). See WRIT OF COVENANT.
breve de cursu. See WRIT OF COURSE.
breve de recto (breev or bree-vee dee rek-toh). See DE
RECTO.
breve de transgressione super casum (breev or bree-vee
dee trans-gres[hl-ee-oh-nee s[y]oo-par kay-sam). See
TRESPASS ON THE CASE.
breve innominatum (breev or bree-vee i-nom-a-nay
tam). [Latin "innominate writ"] A writ that recites a
cause of action only in general terms.
breve magnum de recto (breev or bree-vee mag-nam
dee rek-toh). See DE RECTO PATENS.
breve nominatum. A writ in which the complaint par~
ticularly states the time, place, and demand.
breve perquirere (breev or bree-vee p<lr-kWI-r<l-ree).
[Latin "to obtain a writ"] To purchase a writ or license
of trial in the king's courts.
breve rebellionis. See COMMISSION OF REBELLION.
breve testatum (breev or bree-vee tes-tay-t;lm). [Latin
"a witnessed writ"] A written memorandum used to
memorialize the terms of a conveyance and investi
ture of land . Witnesses to the conveyance did not
sign the document, but their names were recorded.
Brevia testata were introduced to reduce disputes con
cerning the terms of oral grants.
brevia amicabilia (bree-vee-a am-;l-b-bil-ee-;l).
[Latin "writs with agreement"] Writs obtained with 216
the agreement or consent of the opposing party in
an action.
brevia anticipantia (bree-vee-;l an-tis-;l-pan-shee-;l).
[Latin "anticipatory writs"] Anticipatory or preven
tive writs . Six were included in this category: writs
of mesne; warrantia chartae; monstraverul1t; audita
querela; curia claudenda; and ne injuste vexes. See
QUIA TIMET,
brevia formata (bree-vee-;l for-may-t<l). [Latin "writs
of approved form"] Writs of established and approved
form, issued as a matter of course. Cf. brevia magis
tralia.
brevia judicialia (bree-vee-<l joo-dish-ee-ay-Iee-a).
[Latin "judicial writs"] Writs that issue during an
action or afterward in aid of judgment . A court
issued such a writ after an original writ had issued
out of Chancery. Cf. brevia originale.
brevia magistralia (bree-vee-a maj-i-stray-Iee-a),
[Latin "masters' writs"] Writs issued by the masters
or clerks of Chancery accordi ng to the circumstances
of particular cases . These writs, unlike some others,
might be varied in accordance with the complainant's
particular situation. Ct~ brevia formata.
brevia originale (bree-vee-;l ;l-rij-i-nay-Iee). [Latin]
Original writ . This writ began a judicial action. Cf.
brevia judicialia.
brevia selecta (bree-vee-;l sa-lek-t;l). [Latin "selected
writs"] Choice or selected writs or processes. -Abbr.
brev. sel.
brevet (br<l-vet or brev-it). [French] 1. Military law. A
commission promoting an officer to a higher rank,
esp. during wartime, but without a corresponding
pay increase. [Cases: Armed Services 13.1(5).]
2. French law. A privilege or warrant granted by the
government to a private person, authorizing a special
benefit or the exercise of an exclusive privilege . For
example, a brevet d'invention is a patent for an inven
tion. 3. Patents. A patent. Also termed (in sense 3)
brevet d'invention.
brevet officer. See OFFICER (2).
brevia amicabilia. See BREVE.
brevia anticipantia. See BREVE.
brevia formata. See BREVE.
brevia judicialia. See BREVE.
brevia magistralia. See BREVE.
brevia originale. See BREVE.
Breviarium Alaricianum (bree-vee-air-ee-<lm al-<l
ri-kay-nam). [Latin] An abridgment (or breviary) of
Roman law compiled by order of the ViSigoth king
Alaric II, published for the use of his Roman subjects in
the year 506 . Revised versions were known as the Lex
Romana Visigothorum. It was also termed the Breviar
ium Aniani after Alaric's chancellor, Anian, who edited
and distributed the work. Also termed Breviary of
Alaric (bree-vee-er-ee aval-;l-rik).

217
'Though the Breviariumwas later replaced by the Lex Visig
othorum in the Visigothic kingdom, it continued in use
in southern France and Lombardy, which had meantime
passed under the dominion of the Franks. Its qualities
made the Breviarium a book of high authority throughout
the whole of western Europe during the Middle Ages and
it was one of the main channels through which Roman
law entered western European law prior to the Reception."
David M. Walker, The Oxford Companion to Law 151-52
(l980).
brevia selecta. See BREVE.
breviate (bree-vee-<lt). [Latin] Rist. An abstract of a
writing; esp., a short statement attached to a Parlia
mentary bi~l summarizing the contents of the bill.
brevia testata (bree-vee-<l tes-tay-t<l). [Latin] Rist. See
breve testatum under BREVE.
brevibus et ratulis liberandis (bree-v<l-b<ls et roch-<l
bs lib-<lr-an-dis). [Latin "breves and rolls to be freed"]
Rist. A writ ordering a sheriff to turn over to a succes
sor all paraphernalia of office.
brevi manu (bree-vI man-yoo), adv. [Latin "with a
short hand"] Roman & civil law. 1. Directly; by the
shortest route. 2. 'Without a legal warrant; on one's
own authority. -In Roman law, the term referred to
the contractual transfer (traditio) of ownership of an
item to one who already had physical control of the
item. See TRADITIO BREVI MANU; CONSTITUTUM POS
SESSORIUM. In Scotland, this phrase usu. Signified the
performance of an act without the necessity of resort
ing to the courts.
"Thus, for example, it was anciently the practice in Scotland
for an heritable proprietor, on his own authority, to poind
his tenant's moveables for payment of his rent, without
applying to any other judge .... Brevi manu in the Roman
law is usually applied to a kind of constructive delivery.
A thing is said to be transferred by brevi manu tradition,
when it has been previously in the buyer's possession on
some other title, as pledge or loan." William Bell, Bell's
Dictionary and Digest of the Law of Scotland 134 (George
Watson ed., 7th ed. 1890),
brevitatis causa (brev-i-tay-tis kaw-z<l). [Latin] Scots law.
For the sake of brevity. -The phrase was inserted in
legal documents to show that another document had
been incorporated by reference but not fully quoted.
brev. sel. See brevia selecta under BREVE.
bribe, n. (I5c) A price, reward, gift or favor bestowed
or promised with a view to pervert the judgment of or
influence the action of a person in a position of trust.
Cf. BARRATRY (4). -bribe, vb.
"The core concept of a bribe is an inducement improperly
influencing the performance of a public function meant
to be gratuitously exercised." John T. Noonan Jr., Bribes
xi (1984).
bribee. (19c) One who receives a bribe. Also termed
bribe-taker.
bribe-giver. See BRIBER.
briber. (I7c) One who offers a bribe. -Also termed
bribe-giver.
bribery, n. (l6c) The corrupt payment, receipt, or solici
tation of a private favor for official action. -Bribery is
a felony in most jurisdictions. See Model Penal Code brief
 240.1. Cf. KICKBACK. [Cases: Bribery<:;=:: 1.J bribe,
vb.
"If money has been corruptly paid and corruptly received,
for the purpose of influencing official action, do we have
one crime of which two are guilty, or two different crimes?
No uniform answer is possible under existing statutes.
Under some of the provisions bribery is one offense and
references to (1) giving or offering a bribe. or (2) to receiv
ing or soliciting a bribe, are merely factual statements in
regard to the guilt of one party or the other. Under another
plan 'bribery' is employed as a generic term to cover two
different offenses: (1) giving or offering a bribe. and (2)
receiving or soliCiting a bribe. A third plan uses the word
'bribery' to indicate the offense of the briber and 'receiv
ing a bribe' for the other side of the transaction." Rollin
M. Perkins & Ronald N. Boyce, Criminal Law 537 (3d ed,
1982),
commercial bribery. (1927) 1. The knowing solicitation
or acceptance of a benefit in exchange for Violating
an oath of fidelity, such as that owed by an employee,
partner, trustee, or attorney. Model Penal Code
224.8(1). 2. A supposedly disinterested appraiser's
acceptance of a benefit that influences the appraisal
of goods or services. Model Penal Code  224.8(2). 3.
Corrupt dealing with the agents or employees of pro
spective buyers to secure an advantage over business
competitors.
bribe-taker. See BRIBEE.
bribour (brI-b<lr). [fro French bribeur] Rist. A thief.
bridge bank. A national bank chartered to operate an
insolvent bank for up to three years or until the bank is
sold. [Cases: Banks and Banking G-~;285-287, 50S.J
bridgebote. See BRIGBOTE.
bridge financing. See bridge loan under LOAN.
bridge loan. See LOAN.
bridge the gap. Trademarks. To capitalize on the goodwill
associated with an existing trademark or tradename by
using it or a similar mark on new lines of products or
services, or on the same products or services in new
marketing territories. [Cases: Trademarks (,'-::> 1104.]
brief, n. (l4c) 1. A written statement setting out the legal
contentions of a party in litigation, esp. on appeal; a
document prepared by counsel as the basis for arguing
a case, consisting oflegal and factual arguments and
the authorities in support of them. Also termed legal
brief; brief of argument. [Cases: Appeal and Error C=
756; Criminal Law<:;=:: 1l30; Federal Courts <'::=-'712.]
amicus brief. A brief,


<:;=:: 1l30; Federal Courts <'::=-'712.]
amicus brief. A brief, usu. at the appellate level,
prepared and filed by an amicus curiae with the
court's permission. Sometimes shortened to
amicus. Also termed friend-of-the-court brief
[Cases: Amicus Curiae <:;=:: 3.]
Anders brief. (1969) Criminal procedure. A brief filed
by a court-appointed defense attorney who wants to
withdraw from the case on appeal based on a belief
that the appeal is frivolous. -In an Anders brief, the
attorney seeking to withdraw must identify anything
in the record that might arguably support the appeal.
The court then decides whether the appeal is frivo
lous and whether the attorney should be permitted to

briefing attorney
withdraw. Anders v. California, 386 U.S. 738, 87 S.Ct.
1396 (1967). Also termed no-merit brief [Cases:
Criminal Law
"Anders requires an attorney to assume two somewhat con
tradictory roles when filing a nomerit brief. The first, and
most important, role is that of an advocate, Anders makes
clear that the first duty of appellate counsel is to study
the record and to consult with the defendant to ascertain
whether there is anything in the record to support an
appeal. Counsel should not consider the case with a view
toward finding no merit or of acting as a neutral party, Only
if counsel can find no issue of even arguable merit does he
change hats and become an amicus curiae." Jonathan M.
Purver & Lawrence E. Taylor, Handling Criminal Appeals
138, at 285 (1980).
appeal brief 1. See appellate brief 2. Patents. A patent
applicant's brief to the Board of Patent Appeals and
Interferences, arguing that the patent examiner was
incorrect in rejecting the application. Cf. EXAMINER'S
ANSWER. [Cases: Patents C::> Ill.]
appellate brief. A brief submitted to an appeals court;
specif., a brief filed by a party to an appeal pending in
a court appellate jurisdiction . The brief
may be filed for an individual party or on behalf of
two or more parties. Also termed appeal brief
[Cases: Appeal and Error C::c756; Criminal Law C::>
1130; Federal Courts
"An appellate brief is a written argument in support of or
in opposition to the order, decree, or judgment below."
Frederick Wiener, Briefing and Arguing Federal
Appeals 37 (rev. 1967).
bench brief An advocate's short brief, prepared for use
by panelists in a moot-court competition or mock oral
argument . The brief summarizes the facts, law, and
arguments for both sides on the issues.
"Bench briefs are superior to the appellate briefs in some
cases, because people are more likely to read them.
The bench brief should be more neutral than the briefs
actually filed in the real proceeding, which will help your
mock judges prepare questions to ask. By providing the
mockjudges with these bench briefs, it is easier for them
to become prepared, it is far less burdensome on the
judges and therefore easier to get them to agree to
help and you improve the quality of your presentation."
Ronald J. Rychlak, Effective Appellate AdVOcacy: Tips from
the Teams, 66 Miss. L.J. 527, 543 (1997).
Brandeis brief. See BRANDEIS BRIEF.
brief on the merits. A brief that sets out the issues to
be decided, the party's position, and the arguments
and authorities in support. Also termed points
and-authorities brief; merits brief [Cases; Appeal and
Error 761]
closed brief In law school, an appellate brief prepared
by a student using only a stipulated factual outline
and research materials provided in a package,
Closed briefs are usu. aSSigned in first-year legal
writing classes, sometimes in preparation for moot
court They may also be used to select among candi
dates for law review.
merits brief. See brief on the merits.
no-merit brief. See Anders brief 218
open brief In law school, an appellate brief prepared by
a student using a stipulated factual outline and open
ended research that the student independently finds,
as opposed to sources supplied by a professor. [Cases:
Appeal and Error Federal Courts C::>712.]
opening brief. A party's first brief at a given stage of a
lawsuit. -Although this term is most often associated
with a plaintiff or appellant, it is sometimes applied
to a defendant or respondent. Also termed opening
brief on the merits. [Cases; Appeal and Error C=,) 756;
Federal Courts
points-and-authorities brief. See briefon the merits.
proof brief. (1997) A preliminary appellate brief to
be reviewed by the clerk of the court for compliance
with applicable rules . Proof briefs are reqUired
by local rules of the U.S. Court of Appeals for the
Sixth Circuit. A proof brief in full compliance will
be accepted and filed, If not in compliance, it will be
returned for corrections to be made, and a deadline
will be set for refiling. After all proof briefs have been
accepted in a case, a date is set for filing a final brief,
which may be modified only to include jOint-appendix
references, repagination, or updated citations.
reply brief. (1872) A brief that responds to issues and
arguments raised in the brief previously filed by one's
opponent; esp., a movant's or appellant's brief filed to
rebut a briefin opposition, See REBUTTAL (3), [Cases:
Appeal and Error C::>762; Criminal Law G" 1130(6);
Federal Courts
trial brief. (1927) Counsel's written submission, usu.
just before trial, outlining the legal issues before the
court and arguing one side's position. [Cases: Federal
Civil Procedure C::> 1951; Trial
2. English law. A solicitor's document that abstracts the
pleadings and facts to inform a barrister about the case.
3. ABSTRACT OF TITLE. 4. CASE NOTE. brief, vb.
briefing attorney. See ATTORNEY.
briefmanship, n. The quality of the work done in pro-
ducing a written legal argument.
"Catering to the predilections of ajudge is not toadyism; it
is skillful briefmanship." Mortimer Levitan, "Effective Brief
Writing," in Lawyers Encyclopedia 995,998 (1963).
brief of argument. See BRIEF (1).
brief oftitle. See ABSTRACT OF TITLE.
brief on the merits. See BRIEF.
brief-writing. (1891) The art or practice of preparing
legal briefs. -Also termed brief-making. brief-
writer, n.
brieve. Hist. Scots law. A chancery writ ordering that a
trial be held on the matters specified in the writ . By
the late 20th century, brieves were rarely used except
in proceedings to appoint a curator for an incompetent
person.
brieve of mortancestry. See MORT D'ANCESTOR.

219
brigandage (brig-;m-dij). Archaic. Plundering and
banditry carried out by bands of robbers . Piracy is
sometimes called "maritime brigandage."
brigbote (brig-baht), n. Rist. An obligation, often
extracted as a tax or a on land, to contribute to
the cost of maintaining walls, and bridges.
Also spelled bridgebote. Often termed bote. See BOTE
(4).
Briggs Law. Archaic. A 1921 Massachusetts law that
required all criminal defendants who had been
repeatedly indicted, previously convicted of a felony,
or charged with a capital offense to undergo psychi
atric evaluation . The purpose of the evaluation was
"to determine [offenders'] mental condition and the
existence of any mental disease or defect [that] would
affect [their] criminal responsibility." Mass. Gen. Laws
ch. 123,  100A (1921). Although the term is no longer
used in Massachusetts, an updated form of the law still
exists, and every state has its own form of it.
bright-line rule. (1973) A legal rule of decision that tends
to resolve issues, esp. ambiguities, simply and straight
forwardly, sometimes sacrificing equity for certainty.
bring an action. To sue; institute legal proceedings.
[Cases: Action (;:::>64, 66.]
bring-down provision. Contracts. A contractual
covenant that all of a party's representations and war
ranties were true when the contract was executed and
will be true on the closing date.
bring to book. (1865) To arrest and try (an offender) <the
fugitives were brought to book and convicted>.
British subject. The status conferred on a citizen of the
United Kingdom and the Commonwealth countries
such as Canada, Australia, New Zealand, and India by
the British Nationality Act of 1981. -Although this is
the current sense, the phrase British subject has had
many different meanings over the years, under differ
ent statutes.
Broadcast Musk, Inc. Copyright. One of the U.S. per
forming-rights societies that, on behalf of copyright
owners, licenses the public performance of nondra
matic musical works. Abbr. BMI.
broad constructionism. See liberal constructionism
under CONSTRUCTIONISM.
broad constructionist. See liberal constructionist under
CONSTRUCTIONIST.
broadened reissue patent. See PATENT (3).
broadening of a claim. Patents. The enlargement of the
scope of a patent claim to expand its coverage . The
broader a patent claim, the greater the scope of pro
tection because more methods or devices may poten
tially infringe the claim. But drafting a claim broadly
increases the risk that an accused infringer may suc
cessfully invalidate the claim through prior art. See
prior art under ART. [Cases: Patents (;:::> 165(3).]
broadening statement. Patents. Wording in a claim to
the effect that the invention includes forms other than
the details shown in the application . A broadening broker
statement is usu. taken as boilerplate and given little or
no effect. -Also termed catch-all.
broader than the invention, adj. (Of a patent claim)
having a scope that exceeds the limits of the invention
disclosed in the application or patent.
broad-form insurance. See INSURANCE.
broad-form policy. See INSURANCE POLICY.
broad interpretation. See liberal construction under
CONSTRUCTION.
broadside objection. See general objection under OBfEC
TION.
brocard (brahk-;lrd or broh-k.:lrd). An elementary legal
principle or maxim, esp. one deriving from Roman law
or ancient custom.
brocarius (broh-kair-ee-;ls). [Law Latin] Hist. A broker;
a middleman between buyer and seller.
broker, n. (14c) 1. An agent who acts as an intermedi
ary or negotiator, esp. between prospective buyers
and sellers; a person employed to make bargains and
contracts between other persons in matters of trade,
commerce, or navigation . A broker differs from a
factor because the broker usu. does not have posses
sion of the property. Cf. FACTOR. [Cases: Brokers
2.) 2. Securities. A person engaged in the business of
conducting securities transactions for the accounts of
others. [Cases: Securities Regulation (;:::> ll.20, 40.12,
60.32.] -broker, vb.
"The most important determining factor of what consti
tutes a 'broker' is whether the party is dealing for itself
or for another. A broker may, by contract, have title to
property pass through it (though usually it does not), and
it may, by contract, collect from the consumer, but a broker
does not deal on its account. Two preliminary requirements
must be met for a finding that an individual is acting as a
broker: (1) the person is acting for compensation; and (2)
the person is acting on behalf of someone else." 12 Am.
Jur. 2d Brokers  1 (1997).
broker-agent.!. A person who acts as an intermedi
ary between parties to a transaction, and as a repre
sentative of one of them. [Cases: Brokers 6.] 2.
A person licensed both as a broker and as an agent.
[Cases: Brokers (;:::>3.]
broker-dealer. A brokerage firm that engages in the
business of trading securities for its own account
(i.e., as a principal) before selling them to custom
ers. -Such a firm is usu_ registered with the SEC and
with the state in which it does business. See DEALER
(2). [Cases: Securities Regulation 11.20,40.12,
60.32.]
"Since many broker-dealers maintain custody of funds
and securities belonging to their customers, safeguards
are required to assure that the customers can recover
those funds and securities in the event the broker-dealer
becomes insolvent. The three principal techniques that
have been utilized are (a) financial responsibility standards
for broker-dealers, (b) requirements for segregation of
customers' funds and securities, and (c) maintenance of
an industry-wide fund to satisfy the claims of customers
whose brokerage firms become insolvent." David L. Ratner,
Securities Regulation in a Nutshell 182-83 (4th ed. 1992).

brokerage
broker for sale. A broker retained to sell something, but
having neither possession of the goods nor any right
of action in the broker's own name on contracts that
the broker enters into. [Cases: Brokers (;::=-2,6.]
broker's broker. A municipal securities broker or dealer
who routinely effects transactions for the account
of other brokers, dealers, and


municipal securities broker or dealer
who routinely effects transactions for the account
of other brokers, dealers, and municipal securities
dealers.
commercial broker. A broker who negotiates the sale
of goods without having possession or control of the
goods. Cf FACTOR (2). [Cases: Brokers (;:::::;2,6.]
commission broker. A member of a stock or commod
ity exchange who executes buy and sell orders.
customhouse broker. A broker who prepares paper
work for the entry or clearance of ships, and for the
import or export of goods. -Also termed customs
broker. [Cases: Customs Duties ~60.5.]
discount broker. 1. A broker who discounts bills of
exchange and promissory notes, and advances money
on securities. 2. A broker who executes buy and sell
orders at commission rates lower than those of full
service brokers. [Cases: Brokers (;::=69.J
government-securities interdealer broker. A broker
engaged exclusively in the business of transacting in
government securities for parties who are themselves
government brokers or dealers.
institutional broker. A broker who trades securities
for institutional clients such as banks, mutual funds,
pension funds, and insurance companies.
insurance broker. (lSc) Insurance. A person who, for
compensation, brings about or negotiates contracts
of insurance as an agent for someone else, but not as
an officer, salaried employee, or licensed agent of an
insurance company . The broker acts as an interme
diary between the insured and the insurer. -Also
termed producer. [Cases: Insurance (;:::::; 1609.]
"The term 'insurance broker' is often used to characterize
an indiVidual who is thought to act primarily on behalf of a
purchaser in an insurance transaction. This delineation ...
is employed by some courts and writers even though
almost all insurance brokers are actually compensated for
their services through commissions that are paid by the
insurers. Because brokers receive compensation from the
insurer, it seems evident that a persuasive argument can be
made for not treating a broker as an agent of the insurance
purchaser." Robert E. Keeton & Alan I. Widiss, Insurance
Law: A Guide to Fundamental Principles, Legal Doctrines,
and Commercial Practices  2.5, at 83-84 (1988).
loan broker. A person who is in the business oflending
money, usu. to an individual, and taking as security
an assignment of wages or a security interest in the
debtor's personal property.
merchandise broker. One who negotiates the sale of
merchandise without possessing it . A merchandise
broker is an agent with very limited powers.
money broker. A broker who negotiates the lending or
raising of money for others.
mortgage broker. An individual or organization that
markets mortgage loans and brings lenders and 220
borrowers together.  A mortgage broker does not
originate or service mortgage loans. [Cases: Brokers
C:::2.]
note broker. A broker who negotiates the discount or
sale of commercial paper.
real-estate broker. A broker who negotiates contracts
of sale and other agreements (such as mortgages or
leases) between buyers and sellers of real property .
Real-estate brokers must be licensed in the states where
they conduct business. [Cases: Brokers 3.J
registered broker. A broker registered or required to be
registered under the Securities Exchange Act of 1934.
[Cases: Securities Regulation (;:::::;40.12.]
responsible broker-dealer. A broker-dealer who
communicates bids or offers on the floor of a stock
exchange at the designated location for trading in a
reported security or who, in an off-exchange transac
tion, communicates the bid or offer as either a princi
pal or an agent, for its own or another's account. SEC
Rule llAcI-l(a)(21) (17 CFR  240.11Acl-l(a)(21.
securities broker. A broker employed to buy or sell
securities for a customer, as opposed to a securities
dealer, who trades as a principal before selling the
securities to a customer. See DEALER (2).
brokerage. (15c) 1. The business or office of a broker <a
profitable stock brokerage>. [Cases: Brokers 2.
A broker's fee <collect the brokerage after the house
sells>. [Cases: Brokers (;:='239.]
brokerage contract. An agency agreement employing a
broker to make contracts in the name of and on behalf
of the principal and for which the broker receives a
commission. [Cases: Brokers 40.]
broker-agent. See BROKER.
brokerage-run dividend-reinvestment plan. See DIVI-
DEND-REINVESTMENT PLAN.
broker call loan. See call loan under LOAN.
broker-dealer. See BROKER.
broker for sale. See BROKER.
broker's broker. See BROKER.
broker's loan statement. Property. A document that
details the costs of and deductions from a loan negoti
ated by a real-estate or mortgage broker on behalf of a
borrower . Deductions may be made for commissions
and other costs. The borrower usu. signs the statement
and retains a copy. The statement may be required by
law. See Cal. Bus. & Prof. Code  10240 (West 2008).
Cf. CLOSING STATEMENT (2).
broker's note. See NOTE (3).
brothel. (16c) A building or business where prostitutes
ply their trade; a whorehouse. Also termed house of
ill fame. See DISORDERLY HOUSE (2). [Cases: Disorderly
House 1.]
brother. (bef. 12c) A male who has one parent or both
parents in common with another person.

221
brother-german. A full brother; the son of both of one's
parents. See GERMAN.
consanguine brother (kahn-sang-gwin or bn-san
gwin). Civil law. A brother who has the same father,
but a different mother.
half brother. A brother who has the same father or the
same mother, but not both.
stepbrother. The son of one's stepparent.
uterine brother (yoo-t;lr-in). Civil law. A brother who
has the same mother, but a different father.
brother-in-law. (14c) The brother of one's spouse or the
husband of one's sister . The husband of one's spouse's
sister is also sometimes considered a brother-in-law. PI.
brothers- in-law.
brother-sister corporation. See sister corporation under
CORPORATION.
brownfield site. An abandoned, idled, or underused
industrial or commercial site that is difficult to expand
or redevelop because of environmental contamination.
Cf. GREENFIELD SITE (1). [Cases: Environmental Law
C==>439.]
Brussels Act. Copyright. A 1948 revision of the Berne
Convention mandating the life-plus-50-years copyright
term as a minimum standard, extending the moral
rights of attribution and integrity in most member
countries to the full copyright term, extending the
broadcast right to television, strengthening protection
of several forms of copyright protection, and extending
some protection to industrial designs.
Brussels Convention. See BRUSSELS SATELLITE CONVEN
TION.
Brussels Satellite Convention. Copyright. A 1974 treaty
standardizing the regulation of broadcasting and cable
retransmission using satellites . Since the Convention
addresses regulation of the signal rather than copyright
or neighboring rights, what is transmitted is protected
even if the content is not protected by any intellectual
property right. The U.S. ratified the Brussels Satellite
Convention in 1984. -Also termed Brussels Conven
tion; Convention Relating to the Distribution of Pro
gram-Carrying Signals Transmitted by Satellite.
Bruton error (broot-;ln). (1968) The violation of a
criminal defendant's constitutional right of con
frontation by admitting into evidence a nontestify
ing codefendant's confession that implicates both of
them, where the statement is not admissible against the
defendant under any exception to the hearsay rule .
The error is not cured by a limiting instruction to the
jury to consider the confession only against the one
who made it, because of the high risk that the jury will
disregard the instruction. Bruton v. United States, 391
U.S. 123, 88 S.Ct. 1620 (1968). [Cases: Criminal Law
C==>662.l0,662.11.]
brutum fulmen (broo-t;lm fal-men or -m;ln). [Latin
"inert thunder"] 1. An empty noise; an empty threat;
something ineffectual. 2. A judgment void on its face; budget
one that is, in legal effect, no judgment at all. [Cases:
Judgment C==>27, 485, 486.]
Bryan treaties. Int'llaw. Any of 48 treaties designed
to avert war by requiring the signatories to submit
disputes of any kind to standing peace commissions .
 The first of these treaties, named after Secretary of
State William Jennings Bryan, was signed between the
United States and Great Britain in 1914.
b.s. abbr. See bancus superior under BANCUS.
BSA. abbr. BUSINESS SOFTWARE ALLIANCE.
BSD license. See LICENSE.
BSD-style license. See BSD license under LICENSE.
BTA. abbr. Board of Tax Appeals. See TAX COURT, U.S.
BTS. abbr. 1. BORDER AND TRANSPORTATION SAFETY
DIRECTORATE. 2. BUREAU OF TRANSPORTATION STA
TISTICS.
bubble. (l8c) Slang. A dishonest or insubstantial business
project, generally founded on a fictitious or exaggerated
prospectus, designed to ensnare unwary investors.
Bubble Act. An English statute passed in 1720 to prevent
corporate fraud.
bucketing. Securities. The illegal practice of receiving
an order to buy or sell stock but not immediately per
forming the order . The perpetrator profits by execut
ing the order when the stock market goes down or up,
respectively, but confirming the order to the customer
at the original price.
bucket shop. Securities. An establishment that is nomi
nally engaged in stock-exchange transactions or some
similar business, but in fact engages in registering bets
or wagers, usu. for small amounts, on the rise or fall of
the prices of stocks and commodities . A bucket shop
uses the terms and outward forms of the exchanges, but
differs from exchanges because there is no delivery of -
and no expectation or intention to deliver or receive -
the securities or commodities nominally exchanged.
Buckley Amendment. See FAMILY EDUCATIONAL RIGHTS
AND PRIVACY ACT.
Budapest Treaty on the International Recognition of
the Deposit of Microorganisms for the Purpose of
Patent Procedures. Patents. An international treaty
promulgating standards and procedures for deposit
ing microorganisms and requiring member countries
to recognize a deposit of biological material made in
any depository approved by the World Intellectual
Property Organization . The purpose of the Budapest
Treaty is to allow inventors to satisfy the enablement
requirement of national patent laws by depositing in
a convenient depository a sample of a microorganism
to be patented. The U.S. is a signatory to the Budapest
Treaty.
budget. (15c) 1. A statement of an organization's esti
mated revenues and expenses for a specified period,
usu. a year. 2. A sum of money allocated to a particular
purpose or project.

budget bill
balanced budget. A budget in which a period's total pro
jected income equals the total estimated expenses.
budget bill. See BILL (3).
Buenos Aires Convention. Copyright. A 1910 treaty reg
ulating copyright reciprocity among Latin American
nations and the United States . Under this agreement,
the phrase "all rights reserved" guaranteed copyright
protection in member nations. Since all the Conven
tion's signatories are now signatories to more recent
and broader international-copyright treaties, this Con
vention now has little if any practical effect.
buffer zone. (1908) Land-use planning. An area ofland
separating two different zones or areas to help each
blend more easily with the other, such as a strip of
land between industrial and residential areas. [Cases:
Zoning and Planning C='31, 272.]
bug. 1. A flaw or mistake in a computer program that
results in an error or undesired result. 2. The printed
mark of a labor union.
buggery, n. (14c) Sodomy or bestiality. See SODOMY.
[Cases: SodomyC='1.]- bugger, vb. -bugger, n.
bugging, n. (1955) A form of electronic surveillance by
which conversations may be electronically intercepted,
overheard, or recorded, usu. covertly; eavesdropping by
electronic means. See EAVESDROPPING; WIRETAPPING.
[Cases: Telecommunications C=' 1435.]
building. A structure with walls and a roof, esp. a per
manent structure . For purposes of some criminal
statutes, such as burglary and arson, the term building
may include such things as motor vehicles and water
craft.
accessory building. A building separate from but
complementing the main structure on a lot, such
as a garage . The question whether a structure is
an "accessory building" is often litigated in zoning
disputes. [Cases: Zoning and Planning C='307.]
building-and-Ioan association. (1857) A quasi-public
corporation that accumulates funds through member
contributions and lends money to


(1857) A quasi-public
corporation that accumulates funds through member
contributions and lends money to the members buying
or building homes. Cf. SAVINGS-AND-LOAN ASSOCIA
TION. [Cases: Building and Loan Associations C=' 1,
24-37.]
building code. A law or regulation setting forth stan
dards for the construction, maintenance, occupancy,
use, or appearance of buildings and dwelling units. -
Also termed (for dwelling units) housing code. Cf.
BUILDING RESTRICTIONS. [Cases: Health C='392.]
building lease. See LEASE.
building line. (1885) A boundary drawn along a curb
or the edge of a municipality's sidewalks to establish
how far a building must be set away from the street
to maintain a uniform appearance . This is often
referred to as a setback requirement. [Cases: Zoning
and Planning C='64, 252.]
building loan. See LOAN. 222
building permit. A license granted by a government
agency (esp. a municipality) for the construction of a
new building or the substantial alteration of an existing
structure. [Cases: Zoning and Planning C='385.]
building restrictions. Regulations governing the type of
structures that can be constructed on certain property.
 The restrictions are usu. listed in zoning ordinances
or restrictive covenants in deeds. Cf. BUILDING CODE;
restrictive covenant under COVENANT (4). Cf. BUILDING
CODE. [Cases: Zoning and Planning C='62, 251.]
build-to-print contract. See CONTRACT.
built-in obsolescence. See planned obsolescence under
OBSOLESCENCE.
bulk, adj. (Of goods) not divided into parts <a bulk
shipment of grain>.
bulk discount. See volume discount under DISCOUNT.
bulk mortgage. See MORTGAGE.
bulk sale. (1902) A sale of a large quantity of inventory
outside the ordinary course of the seller's business .
Bulk sales are regulated by Article 6 of the UCC, which
is designed to prevent sellers from defrauding unse
cured creditors by making these sales and then dissi
pating the sale proceeds. -Also termed bulk transfer.
[Cases: Fraudulent Conveyances C='47.]
bulk-sales law. A statute regulating the transfer of
business assets, usu. by requiring public notice of any
sale to prevent business owners from disposing of assets
to the detriment of creditors and suppliers. See UCC
6-101 et seq. See BULK SALE. [Cases: Fraudulent Con
veyances C='47.]
bulk transfer. See BULK SALE.
bulky goods. See GOODS.
bull. Eccles. law. 1. A document issued by a pope, so
called from the leaden seal (bulla) attached to it. 2.
A seal attached to an official document, esp. a papal
edict.
bulla (buul-d or bal-d). [Law Latin] A metal or wax papal
seal or document.
bullet ballot. See bullet vote under VOTE (1).
bulletin des lois (buul-d-tan day lwah). French law. The
publication that provides official notice of the text and
effective date of a law or decree.
bullet vote. See VOTE (1).
bullion (buul-Ydn). An uncoined solid mass of gold or
silver.
bullion fund. Public money used by a mint to purchase
precious metals for coinage and to pay bullion deposi
tors.
bull market. See MARKET.
bullpen. (1809) Slang. 1. An area in a prison where
inmates are kept in close confinement. 2. A detention
cell where prisoners are held until they are brought into
court.
bumbailiff. See BAILIFF.

223
bumbershoot insurance. See INSURANCE.
bum-marriage doctrine. Evidence. The principle that
the marital-witness privilege may not be asserted by a
partner in a marriage that is in fact moribund, though
legally valid. See marital privilege (2) under PRIVILEGE
(3). [Cases: Witnesses C=>Sl.j
bumping. (1937) 1. Displacement of a junior employee's
position by a senior employee. 2. An airline-industry
practice of denying seats to passengers because of over
booking. [Cases: Carriers C-~'236(1.2).l
bunco. (I872) A swindling game or scheme; any trick
or ploy calculated to win a person's confidence in
an attempt to deceive that person. Also spelled
bunko. -Also termed bunco steering. Cf. CONFIDENCE
GAME. [Cases: False Pretenses C-=16.]
bunco steerer. 1. One who uses tricks, schemes, or other
illegal devices to obtain money or property from others;
a swindler. 2. One who acts as a decoy in bunco. Also
termed bunco operator; bunco man. See CONFIDENCE
MAN.
bundle. See RECORD (4).
bundle, vb. To sell related products or services in one
transaction at an all-inclusive price.
bundled software. Software that is sold together with
hardware, other software, or services at a single price.
bundle of rights. See PROPERTY (1).
bundling, n. In the computer industry, the practice of
charging a single price for a combination of hardware,
software, or services . Personal computers are typi
cally sold with bundled software, such as an operating
system and applications software that are preinstalled
on the hardware.
bunkhouse rule. The principle that an employee's injury
suffered while living in an employer's housing is com
pensable even if the injury occurs during off-duty
hours. lCases: Workers' Compensation C=>709.j
burden, n. (bet'. 12c) 1. A duty or responsibility <the
seller's burden to insure the shipped goods>. 2. Some
thing that hinders or oppresses <a burden on inter
state commerce>. 3. A restriction on the use or value of
land; an encumbrance <the easement created a burden
on the estate>. 4. Scots law. An encumbrance, restric
tion, or obligation imposed on a person or on property
<the burden of curatorship> <a servitude is a burden
on land> . When the burden is on real property, it is
called a real burden. -burden, vb. -burdeusome,
adj.
undue burden. A substantial and unjust obstacle to
the performance of a duty or enjoyment of a right .
 For example, excessive discovery requests place an
undue burden on the person who must produce the
data requested. And a state law requiring a particu
lar kind of mud flap on trucks may place an undue
burden on the flow of interstate commerce.
burden of allegation. (1862) A party's duty to plead
a matter in order for that matter to be heard in the
lawsuit. Also termed burden of pleading. burden-shifting analysis
burden of going forward with evidence. See BURDEN
OF PRODUCTION.
burden of persuasion. (1923) A party's duty to convince
the fact-finder to view the facts in a way that favors that
party . In civil cases, the plaintiff's burden is usu. "by
a preponderance of the evidence," while in criminal
cases the prosecution's burden is beyond a reasonable
doubt." -Also termed persuasion burden; risk of non
persuasion; risk ofjury doubt. Also loosely termed
burden of proof. [Cases: Evidence C-=90-98.j
burden of pleading. See BURDEN OF ALLEGATION.
burden of production. (1893) A party's duty to introduce
enough evidence on an issue to have the issue decided
by the fact-finder, rather than decided against the party
in a peremptory ruling such as a summary judgment
or a directed verdict. Also termed burden of going
forward with evidence; burden of producing evidence;
production burden; degree of proof. [Cases: Evidence
C=>90-98.]
burden of proof. (I8c) 1. A party's duty to prove a
disputed assertion or charge. _ The burden of proof
includes both the burden of persuasion and the burden
of production. -Also termed onus probandi. See
SHIFTING THE BURDEN OF PROOF. 2. Loosely, BURDEN
OF PERSUASION. [Cases: Evidence C::>90.j
"In the past the term 'burden of proof' has been used in
two different senses. (1) The burden of going forward with
the eVidence. The party having this burden must introduce
some evidence if he wishes to get a certain issue into the
case. If he introduces enough evidence to require consid
eration of this issue, this burden has been met. (2) Burden
of proof in the sense of carrying the risk of non persuasion.
The one who has this burden stands to lose if his evidence
fails to convince the jury or the judge in a nonjury trial.
The present trend is to use the term 'burden of proof' only
with this second meaning ." Rollin M. Perkins & Ronald
N. Boyce, Criminal Law 78 (3d ed. 1982).
'The expression 'burden of proof' is tricky because it has
been used by courts and writers to mean various things.
Strictly speaking, burden of proof denotes the duty of
establishing by a fair preponderance of the eVidence the
truth of the operative facts upon which the issue at hand
is made to turn by substantive law. Burden of proof is
sometimes used in a secondary sense to mean the burden
of going forward with the evidence. In this sense it is
sometimes said that a party has the burden of countering
with eVidence a prima facie case made against that party."
William D. Hawkland, Uniform CommerCial Code Series
2A-516:08 (1984).
middle burden of proof. A party's duty to prove a fact
by dear and convincing evidence . This standard lies
between the preponderance-of-the-evidence standard
and the beyond-a-reasonable-doubt standard. See
clear and convincing evidence under EVIDENCE.
[Cases: Evidence C-=S96.]
burden-shifting analysis. A court's scrutiny of a com
plainant's evidence to determine whether it is suffi
cient to require the opposing party to present contrary
evidence . Burden shifting is most commonly applied
in discrimination cases. If the plaintiff presents suf
ficient evidence of discrimination, the burden shifts
to the defendant to show a legitimate, nondiscrimina
tory basis for its actions. The precise components of the

Bureau of Alcohol, Tobacco, and Firearms
analysis vary depending on the context of the claim. Ct~
MCDONNELL DOUGLAS TEST. [Cases: Civil Rights
1536; Jury Cr~33(5.l5).l
Bureau of Alcohol, Tobacco, and Firearms. I. See
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU. 2.
See BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND
EXPLOSIVES.
Bureau of Alcohol, Tobacco, Firearms, and Explosives.
A unit in the u.s. Department of Homeland Security
responsible for enforcing laws relating to firearms and
explosives and laws relating to the production, taxation,
and distribution of alcohol and tobacco products. -
Formerly called the Bureau of Alcohol, Tobacco, and
Firearms and a part of the Department of the Treasury,
its law-enforcement functions were transferred in the
Homeland Security Act of 2002. Pub. 1. 107-296.
Abbr. ATF. Cf. ALCOHOL AND TOBACCO TAX AND TRADE
BUREAU. [Cases: Internal Revenue (;:::::'4311, 4314.]
Bureau of Arms Control. A unit in the U.S. Department
of State responsible for directing U.S. participation in
multilateral arms-control negotiations and in the Orga
nization for the Prohibition of Chemical Weapons. -
It also monitors developments relating to arms control
and weapons development.
Bureau of Consular Affairs. A unit in the U.S. Depart
ment of State responsible for protecting U.S. citizens
and interests abroad. _ Through its Office of Passport
Services it issues over 7 million passports each year.
Bureau of Customs. See UNITED STATES CUSTOMS
SERVICE.
Bureau of Democracy, Human Rights, and Labor. A
unit in the U.S. Department of State responsible for
developing policy on human rights and freedoms and
for preparing the annual Country Reports on Human
Rights Practices. Abbr. DRL.
Bureau of Diplomatic Security. A unit of the U.S.
Department of State responsible for protecting the Sec
retary of State and domestic and foreign dignitaries, for
investigating criminal activities such as identity-docu
ment fraud involving U.S. passports and visas, and for
developing security programs protecting diplomats and
American interests worldwide. -The Bureau employs
special agents (members of the U.S. Foreign Service)
who are located throughout the United States and in
scores of embassies worldwide. It also operates the Dip
lomatic Courier Service and supervises the transpor
tation of classified documents and materials. Abbr.
DS. Also termed Diplomatic Security Service.
Bureau of Economic Analysis. A unit in the U.S. Depart
ment of Commerce responsible for compiling and ana
lyzing data about the U.S. economy. -It is a part of the
Department's Economics and Statistics Administra
tion. Abbr. BEA.
Bureau of Economic and Business Affairs. A unit in
the U.S. Department of State responsible for developing
policy on international matters relating to food, com
munications, energy, air transportation, and maritime
affairs. Abbr. EB. 224
Bureau of Engraving and Printing. A unit in the U.S.
Department of the Treasury responsible for design
ing and printing the nation's paper currency, postage
stamps, Treasury securities, and other documents. -
Abbr. BEP. [Cases: United States
Bureau of Export