document.  The term gets its name from a self-advanc
ing stamp machine made by the Bates Manufacturing
Company.lhe number is typically used to identify doc
uments produced during discovery. -Often shortened
to Bates number; Bates stamp.
bathtub conspiracy. See intra-enterprise conspiracy
under CONSPIRACY.
Batson challenge. See CHALLENGE (1).
battered child. See CHILD.
battered-child syndrome. (1962) Family law. A con
stellation of medical and psychological conditions
of a child who has suffered continuing injuries that
could not be accidental and are therefore presumed
to have been inflicted by someone close to the child,
usu. a caregiver . Diagnosis typically results from a
radiological finding of distinct bone trauma and per
sistent tissue damage caused by intentional injury, such
as twisting or hitting with violence. The phrase was
first used by Dr. Henry Kempe and his colleagues in a
1962 article entitled "The Battered Child Syndrome,"
which appeared in the Journal of the American Medical
Association. As a result of research on battered-child
syndrome, the Children's Bureau of the United States
Department of Health, Education, and Welfare drafted
a model statute requiring physicians to report serious
cases of suspected child abuse. See CHILD-ABUSE AND
-NEGLECT REPORTING STATUTE. [Cases: Criminal Law
(::;:::474.4(4).]
battered-person syndrome. See BATTERED-WOMAN
SYNDROME.
battered-spouse syndrome. See BATTERED-WOMAN
SYNDROME.
battered-wife syndrome. See BATTERED-WOMAN
SYNDROME.
battered woman. Family law. A woman who is the
victim of domestic violence; a woman who has sufFered
physical, emotional, or sexual abuse at the hands of
a spouse or partner. See domestic violence under
VIOLENCE.
battered-woman syndrome. (1984) Family law. A con
stellation of medical and psychological conditions of a
woman who has suffered phYSical, sexual, or emotional
abuse at the hands of a spouse or partner.  Battered
woman syndrome was first described in the early 19705
by Dr. Lenore Walker. It consists of a three-stage cycle
of violence: (1) the tension-building stage, which may
include verbal and mild physical abuse; (2) the acute

173
battering stage, which includes stronger verbal abuse,
increased physical violence, and perhaps rape or other
sexual abuse; and (3) the loving-contrition stage, which
includes the abuser's apologies, attentiveness, kindness,
and gift-giving. This syndrome is sometimes proposed
as a defense to justify or mitigate a woman's killing of a
man. Sometimes (more specif) termed battered-wife
syndrome; (more broadly) battered-spouse syndrome;
(broadly) battered-person syndrome. [Cases: Criminal
Law (';:::>474.4(3).]
battery, n. (16c) 1. Criminal law. The use of force against
another, resulting in harmful or offensive contact. -
Also termed criminal battery. [Cases: Assault and
Battery
"Criminal battery, sometimes defined briefly as the
unlawful application offorce to the person of another, may
be divided into its three basic elements: (1) the defendant's
conduct (act or omission); (2) his 'mental state,' which may
be an intent to kill or injure, or criminal negligence, or
perhaps the doing of an unlawful act; and (3) the harmful
result to the victim, which may be either a bodily injury or
an offensive touching." Wayne R. LaFave & Austin W. Scott
Jr., Criminal Law  7.15, at 685 (2d ed. 1986).
aggravated battery. (IS B) A criminal battery accom
panied by circumstances that make it more severe,
such as the use of a deadly weapon or the fact that
the battery resulted in serious bodily harm . In most
state statutes, aggravated battery is classified as both
a misdemeanor and a felony. [Cases: Assault and
Battery (:;:::> 54.]
sexual battery. (1974) The forced penetration of or
contact with another's sexual organs or the perpe
trator's sexual organs . In most state statutes, sexual
battery is classified as both a misdemeanor and a
felony. Cf. RAPE. [Cases: Assault and Battery
Rape~l.l
simple battery. (I877) A criminal battery not accom
panied by aggravating circumstances and not result
ing in serious bodily harm . Simple battery is usu. a
misdemeanor but mav rise to a felony if the victim is,
for instance, a child 0; a senior citizen. [Cases: Assault
and Battery C=48.]
2. Torts. An intentional and offensive touching of
another without lawful justification. Also termed
tortious battery. [Cases: Assault and Cf.
ASSAULT. batter, vb.
"A battery is the actual application of force to the body of
the prosecutor. It is, in other words, the assault brought to
completion. Thus, if a man strikes at another with his cane
and misses him, it is an assault; if he hits him, it is a battery.
But the slightest degree of force is suffiCient, provided that
it be applied in a hostile manner; as by pushing a man or
spitting in his face. Touching a man to attract his attention
to some particular matter, or a friendly slap on the back
is not battery, owing to the lack of hostile intention." 4
Stephen's Commentaries on the Laws of England 62-63 (L.
Crispin Warmington ed., 21st ed. 1950).
battle of the forms. (1947) The conflict between the
terms of standard forms exchanged between a buyer
and a seller during contract negotiations . In its
original version, UCC  2-207 attempted to resolve
battles of the forms by abandoning the common-law BeA
requirement of mirror-image acceptance and provid
ing that a definite expression of acceptance may create
a contract for the sale of goods even though it contains
different or additional terms. -Also termed UCC
battle oftheforms. See MIRROR-IMAGE RULE. [Cases;
Sales (>;;)22(4),23(4).]
"The rules of offer and acceptance are difficult to apply in
certain circumstances known as the 'battle of the forms'
where parties want to enter into a contract, but jockey
for position in an attempt to use the rules of law so as to
ensure that the contract is on terms of their choosing."
P.S. Atiyah, An Introduction to the Law of Contract 54 (3d
ed. 1981).
batture (b<'J-tyoor or ba-toor). [French] Soil, stone, or
other material that builds under water and mayor
may not break the surface . If batture builds against
a bank and breaks the surface, it becomes alluvion.
See ALLUVION (2). [Cases: Navigable Waters (;::::>44(6);
Waters and Water Courses (:;:::>93.]
Baumes Law. A statute that provides for stricter criminal
prosecution and penalties up to life imprisonment
for an offender who has four convictions for felonies
or certain misdemeanors . The first Baumes Law,
named for New York state Senator Caleb H. Baumes,
was passed by the New York legislature in 1926. Cf.
THREE-STRIKES LAW. [Cases: Sentencing and Punish
ment (;::::> 1200-1426.]
bawd. Archaic. A person, usu. a woman, who solicits
customers for a prostitute; a madam. See DISORDERLY
HOUSE (2). Cf. PIMP. lCases; Prostitution (:;:::> 17.]
bawdy house. See DISORDERLY HOUSE (2).
bay. Int'llaw. An inlet of the sea, over which the coastal
country exercises jurisdiction to enforce its environ
mental, immigration, and customs laws. [Cases: Inter
national Law (>;:::>5.]
historic bay. A bay that, because of its shape, would not
be considered a bay subject to the coastal country's
jurisdiction, except for that country's long-standing
unilateral claim over it; a bay over which the coastal
country has traditionally asserted and maintained
dominion.
Bayh-Dole Act. Patents. A federal statute that permits
the U.S. Government to take title to or require licensing
of nongovernmental inventions made by small busi
nesses and nonprofit organizations while participat
ing in federally funded programs . Under the Act, an
entity funded by the federal government must timely
disclose any invention made in the course of a federally
funded program. The entity may elect to retain title and
to file and prosecute a patent application covering the
invention. If the entity retains title to the invention,
the government may still "march in" to force the entity
to grant exclusive or nonexclusive licenses in appro
priate circumstances. The Act is codified in 35 USCA
 200-212. Also termed Patent and Trademark
Law Amendments Act. See MARCH-IN RIGHTS. [Cases:
Patents United States (';=,97.]
BCA. abbr. See business-continuation agreement under
AGREEMENT.

BCD
BCD. See bad-conduct discharge under DISCHARGE (8).
BCD special court-martial. See COURT-MARTIAL.
BCIA. abbr. BERNE CONVENTION IMPLEMENTATION
ACT.
BEA. abbr. BUREAU OF ECONOMIC ANALYSIS.
beadle (beed-dl). 1. Hist. A court crier with duties similar
to those of a constable. See NUNTIUS (3). 2. Hist. Eccles.
law. A minor parish officer who serves the vestry's
needs in various ways, including giving notice of the
vestry's meetings, executing its orders, and attending
its inquests. 3. A macebearer at Oxford University or
Cambridge University. Also spelled bedel.
beak. ErE Slang. A magistrate or justice of the peace.
bear, vb. 1. To support or carry <bear a heavy load>. 2.
To produce as yield <bear interest>. 3. To give as testi
mony <bear witness>.
bear drive. See BEAR RAID.
bearer. (l3c) One who possesses a negotiable instru
ment marked "payable to bearer" or indorsed in blank.
Banks and Banking 137; Bills and Notes
U8,1S3.]
bearer bill oflading. See BILL OF LADING.
bearer bond. See BOND (3).
bearer document. See bearer paper under PAPER.
bearer instrument. See bearer paper under PAPER.
bearer paper. See PAPER.
bearer security. See SECURITY.
bear hug. Slang. A (usu. hostile) takeover strategy in
which the acquiring entity offers the target firm a price
per share that is Significantly higher than market value,
intending to squeeze the target into accepting.
reverse bear hug. A maneuver by which a takeover
target responds to a bidder's offer by showing a will
ingness to negotiate but demanding a much higher
price than that offered . This is usu. an antitakeover
tactic.
bear market. See MARKET.
bear raid. Slang. High-volume stock selling by a large
trader in an effort to drive down a stock price in a short
time . Bear raids are prohibited by federal law. -Also
termed bear drive.
beat, n. 1. A law-enforcement officer's patrol territory. 2.
A colloquial term for the principal county subdivision
in some southern states, such as Alabama, Mississippi,
and South Carolina. 3. A voting precinct.
be at the horn. Scots law. See PUT TO THE HORN.
beaupleader (boh-plee-dar). [Law French "fair pleading"]
Hist. 1. A fine imposed for bad or unfair pleading. 2. A
writ of prohibition that prevented a sheriff from taking
a fine for bad pleading . 1he Statute of Marlbridge
(1267) prohibited the taking of fines for this type of
pleading. See PROHIBITION (2). 174
beauty contest. Slang. A meeting at which a major client
interviews two or more law firms to decide which firm
to hire.
bederepre. See BEDRIP.
bedrip. Hist. A copyhold tenant's service of reaping the
landlord's grain. -Also spelled bederepre; biderepe.
before-and-after theory. Antitrust. A method of deter
mining damages tor lost profits (and sometimes over
charges), whereby the plaintiff's profits are examined
before, during, and after the violation to estimate the
reduction in profits due to the defendant's violation.
Also termed before-and-after method. Cf. YARDSTICK
THEORY; MARKET-SHARE THEORY (1). [Cases: Antitrust
and Trade Regulation (:::::e98S.]
"In its simplest form. the [before-and-after] theory looks
at the plaintiff's net profits before and after the injury
period, discounts all dollars to their present value, and
gives the plaintiff a sum that, before trebling, will bring its
earnings during the injury period up to the same average
level as its earnings during the noninjury periods." Herbert
Hovenkamp, Economics and Federal Antitrust Law  16.7,
at 450 (1985).
before first action, adv. Patents. After the filing of
a patent application but before the mailing of any
office action by the U.S. Patent and Trademark Office
examiner . For example, an applicant typically files
an information disclosure statement before first action,
and often files preliminary amendments as well. [Cases:
Patents (:::::e 104.]
before the fact. (17c) In advance of an event oflegal sig


Patents (:::::e 104.]
before the fact. (17c) In advance of an event oflegal sig
nificance.
beg, vb. 1. To request earnestly; to beseech. 2. Hist. To
request to be appointed as guardian for (a person). 3.
Hist. To request that someone be appointed as guardian
for. 4. To ask for charity, esp. habitually or pitiably.
beggar, n. A person who communicates with people,
often in public places, asking for money, food, or other
necessities for personal use, often as a habitual means
of making a living.
beggar-thy-neighbor policy. A government's protec
tionist course of action taken to discourage imports by
raising tariffs and instituting nontariffbarriers, usu. to
reduce domestic unemployment and increase domestic
output.  This term is sometimes applied to competitive
currency devaluation.
behavioral science. The body of disciplines (psychology,
sociology, anthropology) that study human behavior.
behoof, n. Archaic. A use, profit, or advantage that is part
of a convevance <to his use and behoof>. behoove,
vb. '
beige book. Slang. The popular name of the Federal
Reserve's Summary of Commentary on Current
Economic Conditions by Federal Reserve District, a
publication that summarizes the economic conditions
in each of the 12 Federal Reserve Bank regions . Each
Federal Reserve Bank gathers information from reports
submitted by bank and branch directors; through
interviews with economists, market experts, and key

175
business contacts; and from other sources. The beige
book is published eight times each year.
Bekanntmachung im Patentblatt. [German] Patents.
The date on which a Gebrauchsmuster (German petty
patent) is published and made available to the public.
belief, n. A state of mind that regards the existence of
something as likely or relatively certain.
belief-action distinction. (1966) Constitutional law. rn
First Amendment law, the Supreme Court's distinc
tion between allowing a person to follow any chosen
belief and allowing the state to intervene if necessary to
protect others from the practices of that belief.
belief-duster. In critical legal studies, a group of uncon
nected ideas or opinions that appear to be related when
considered together in reference to a specific subject,
such as racism, sexism, or religious intolerance.
believe, vb. 1. To feel certain about the truth of; to accept
as true. Cf. SUSPECT, vb.
reasonably believe. To believe (a given fact or combina
tion offacts) under circumstances in which a reason
able person would believe.
2. To think or suppose.
belligerency. Int 'llaw. 1. The status assumed by a nation
that wages war against another nation. [Cases: War and
National EmergencyC.:::> 1.]2. The quality of being bel
ligerent; the act or state of waging war.
belligerent, n. A country involved in a war or other
armed international conflict. Cf. NEUTRAL (1). bel
ligerent, adj.
bellum (bel-am). [Latin] See WAR (1).
bellum inter duos (bel-am in-tdr d[yjoo-ahs). [Law
Latin] Hist. War between two persons; a duel.
bellum jllstum (bel-am jas-tam). [Latinj Int'llaw. A just
war; one that the proponent considers morally and
. legally justifiable, such as a war against an aggressive,
totalitarian regime. -Under Roman law, before war
could be declared, the fetiales (a group of priests who
monitored international treaties) had to certify to the
Senate that just cause for war existed. With the adoption
of the U.N. Charter, the bellum justum concept has lost
its legal significance. The Charter outlaws the use of
force except in self-defense. U.N. Charter arts. 2(4),
51 (59 Stat. 1031). -Also termed just war; justifiable
war.
bellwether stock. See barometer stock under STOCK.
belong, vb. 1. To be the property of a person or thing
<this book belongs to the judge>. See OWNERSHIP. 2.
To be connected with as a member <they belong to the
state bar>.
belongings. 1. Personal property; EFFECTS. See personal
property under PROPERTY. 2. All property, including
realty.
below, prep., adv. & ad}. 1. Beneath; under; underneath.
2. (Of a lower court) having heard or having the power
to hear the case at issue in the first instance <court bench
below>; at a lower level <the motion was heard below>.
Cf. ABOVE.
below-market loan. See interest-free loan under LOAN.
below-the-line, adj. (1970) (Of a deduction) taken after
calculating adjusted gross income and before calcu
lating taxable income . Examples of below-the-line
deductions are medical payments and local taxes. Cf.
ABOVE-THE-LINE.
Ben Avon Doctrine. The principle that due process
entitles public utilities to judicial review of rates set
by public-service commissions. Ohio Valley Water Co.
v. Ben Avon Borough, 253 U.S. 287,40 S.Ct. 527 (1920).
[Cases: Constitutional Law (;::=436l.]
bench. (l3c) 1. The raised area occupied by the judge in a
courtroom <approach the bench>. 2. The court consid
ered in its official capacity <remarks from the bench>.
3. Judges collectively <bench and bar>. 4. The judges of
a particular court <the Fifth Circuit bench>.
cold bench. A court, esp. an appellate court, in which
the judges are largely unfamiliar with the facts and
issues of a case, typically because they have not
reviewed the briefs or the record before hearing oral
arguments. Cf. hot bench; lukewarm bench.
"Let's take the cold bench ... The judges have read neither
the briefs nor the record; they know nothing of the case,
unless it is one of the few highly publicized cases that reach
the newspapers a Dr. Sheppard or a Texas Gulf Sulphur
case and represent less than 1 percent of all appellate
cases. The judges have no preconceived notions as to how
your case should be decided. They listen to your argument
with an open mind." Samuel E. Gates, "Hot Bench or Cold
Bench: When the Court Has Not Read the Brief before Oral
Argument," in Counsel on Appeal 1 07, 115 (Arthur A. Char
pentier ed., 1968).
hot bench. A court, esp. an appellate court, in which,
before oral argument, the judges thoroughly familiar
ize themselves with the facts and issues of the case,
usu. by reading the briefs and the record, and often
prepare questions for counseL. In the United States
today, courts are generally expected to be hot. Cf. cold
bench; lukewarm bench.
"[Al hot bench, in the narrow sense, is one on which all
the judges have read the briefs and the salient parts of
the record. The court, therefore, is generally familiar with
the facts and the legal issues and has devoted some time
to thinking about the case, perhaps even to the point of
jotting down questions. Obviously, if the appellate tribunal
reviewed your case at some prior stage in the proceedings,
it must be conSidered hot. Likewise, if the court has had
a good deal of experience in the area of law in which your
case falls, I am inclined to classify that bench also as hot."
Samuel E. Gates, "Hot Bench or Cold Bench: When the Court
Has Not Read the Brief before Oral Argument," in Counsel
on Appeal 107, 115-16 (Arthur A. Charpentier ed" 1968).
lukewarm bench. A court, esp. an appellate court, in
which only some of the judges, before oral argument,
have familiarized themselves with the facts and issues
of the case. Also termed tepid bench. Cf. hot bench;
cold bench.
"I must digress, for a moment to discuss what I choose
to call the 'tepid,' or 'lukewarm,' bench. That'S the bench
on which one or more of the panel try to read the briefs
or are engaged in conversation with a colleague while the

bench blotter
argument is being presented. The judges cannot concen
trate on either the brief or the oral argument. You can only
hope that the chandelier will fall and fix their attention on
at least one thing and that their consciences will so prick
them that later, in the quiet of their chambers, they will
apply themselves to a study of the briefs without distrac
tion." Samuel E. Gates, "Hot Bench or Cold Bench: When
the Court Has Not Read the Brief before Oral Argument,"
in Counsel on Appeal 107, 121-22 (Arthur A. Charpentier
ed.,1968).
tepid bench. See lukewarm bench.
bench blotter. See ARREST RECORD (2).
bench brief. See BRIEF.
bench conference. See SIDEBAR CONFERENCE (1).
bench docket. See DOCKET (1).
bencher. A governing officer of an English Inn of Court;
one of the Masters of the Bench. See INN OF COURT
(1).
bench legislation. See JCDGE-MADE LAW (2).
benchmark. 1. Property. A mark made on a permanent
object by a surveyor to serve as a uniform reference
point in making topographic surveys and tidal obser
vations. -Formerly also written bench mark. 2. A
standard unit used as a basis for comparison.
bench memo. (1975) 1. A short brief submitted by a
lawyer to a trial judge, often at the judge's request.
2. A legal memorandum prepared by an appellate
judge's law clerk to help the judge in preparing for oral
argument and perhaps in drafting an opinion . A
trial-court judge may similarly assign a bench memo
to a law clerk, for use in preparing for hearing or trial
or in drafting an opinion. 3. A memo that summarizes
the facts and issues in a case, usu. prepared for a judge
by a law clerk.
bench parole. See bench probation under PROBATION.
bench probation. See PROBATION.
bench ruling. (1971) An oral ruling issued by a judge
from the bench.
bench trial. See TRIAL.
bench warrant. See WARRANT (1).
bene factum (ben-ay fak-t<lm). See BONUM FACTUM.
benefice (ben-d-fis). 1. Hist. A feudal estate in land, held
during the life of the tenant. See BENEFICIUM (4).
"[TJhe vassal no longer owns the land, but 'holds' it 'of'
the lord -the vassal has become a 'tenant' (from the
Latin, 'tenere', to hold). The vassal's interest in the land so
held, first called a 'benefice', is now a 'feudum', anglicised
in modern law as 'fee.'" Peter Butt, Land Law 52 (3d ed.
1996).
2. Hist. Eccles. law. An estate held by the Catholic
Church in feudal tenure. See BENEFICIUM (1), (2). 3.
An ecclesiastical office such as a bishopric or parish; a
preferment. 4. BENEFICIUM (3).
benefice (bay-nay-fees). [French "benefit"] French law.
A benefit or advantage; esp., a privilege given by law
rather than by agreement of the parties. 176
benefice de discussion. [French] BENEFIT OF DISCUS
SION.
benefice de division. [French] BENEFIT OF DIVISION.
benefice d'inventaire. [French] BENEFIT OF INVEN
TORY.
beneficial, adj. (15c) 1. Favorable; producing benefits
<beneficial ruling>. 2. Consisting in a right that
derives from something other than legal title <benefi
cial interest in a trust>.
beneficial association. See benevolent association under
ASSOCIATION.
beneficial enjoyment. See ENJOYMENT.
beneficial holder of securities. A holder of equitable title
to corporate stock . The stock is not registered under
the holder's name in the corporation's records.
beneficial improvement. See valuable improvement
under IMPROVEMENT.
beneficial interest. See INTEREST (2).
beneficial owner. See OWNER.
beneficial ownership. See OWNERSHIP.
beneficial power. See POWER (5).
beneficial use. See USE (1).
beneficiary (ben-d-fish-ee-er-ee or ben-<l-fish-<l-ree), n.
(17c) 1. A person for whose benefit property is held in
trust; esp., one deSignated to benefit from an appoint
ment, dispOSition, or assignment (as in a will, insur
ance policy, etc.), or to receive something as a result
of a legal arrangement or instrument. 2. A person to
whom another is in a fiduciary relation, whether the
relation is one of agency, guardianship, or trust. 3. A
person who is initially entitled to enforce a promise,
whether that person is the promisee or a third party.
beneficiary, adj.
contingent beneficiary. (1867) L A person deSignated
by the testator to receive a gift if the primary benefi
ciary is unable or unwilling to take the gift. Also
termed contingency beneficiary. 2. A person deSig
nated in a life-insurance policy to receive the proceeds
if the primary beneficiary is unable to do so. -Also
termed secondary beneficiary. [Cases: Insurance
3483,3485.]
creditor beneficiary. (1894) A third-party beneficiary
of a contract who is owed a debt that is to be satisfied
by another party's performance under the contract.
[Cases: Contracts (;:c;::, 187(1).]
direct beneficiary. See intended benef


[Cases: Contracts (;:c;::, 187(1).]
direct beneficiary. See intended beneficiary.
donee beneficiary. (1925) A third-party beneficiary
who is intended to receive the benefit of the contract's
performance as a gift from the promisee.
expectant beneficiary. See expectant distributee under
DISTRIBUTEE.
favored beneficiary. A beneficiary of a will who receives
disproportionate amounts of the testator's property
as compared with others having equal claims to the
property, raising the specter of the beneficiary's undue

177
influence over the testator. See UNDUE INFLUENCE.
[Cases: Wills ~ 154-166.]
incidental beneficiary. (1901) 1. A third-party benefi
ciary who is not intended to benefit from a contract
and thus does not acquire rights under the contract.
Cf. intended beneficiary. [Cases: Contracts ~ 187(1).]
2. A person to whom a settlor of a trust does not
manifest an intention to give a beneficial interest but
who may benefit from the trust's performance.
income beneficiary. (1945) A person entitled to income
from property; esp., a person entitled to receive trust
income. [Cases: Trusts ~273.]
intended beneficiary. (1845) A third-party benefi
ciary who is intended to benefit from a contract and
thus acquires rights under the contract as well as the
ability to enforce the contract once those rights have
vested. -Also termed direct beneficiary. Cf. inciden
tal beneficiary. [Cases: Contracts ~ 187(1).]
life beneficiary. (1953) One who receives payments or
other benefits from a trust for life. [Cases: Trusts ~
140.]
primary beneficiary. (1850) The person designated in
a life-insurance policy to receive the proceeds when
the insured dies.
secondary beneficiary. See contingent beneficiary (2).
third-party beneficiary. (1894) A person who, though
not a party to a contract, stands to benefit from the
contract's performance . For example, if Ann and
Bob agree to a contract under which Bob will render
some performance to Chris, then Chris is a third
party beneficiary. [Cases: Contracts ~ 187(1).]
unborn beneficiary. A person who, though not yet
born, is named in a general way as sharing in an
estate or gift . An example might be a grandchild
not yet born when a grandparent specifies, in a will,
that Blackacre is to go to "my grandchildren."
beneficiary heir. See HEIR.
beneficio primo ecclesiastico habendo (ben-d-fish
ee-oh pry-moh d-klee-z[h]ee-as-td-koh hd-ben-doh).
[Latin "having the first ecclesiastical benefice"] Hist.
A writ from the king to the lord chancellor ordering
the appointment of a named person to the first vacant
benefice.
beneficium (ben-d-fish-ee-dm), n. [Latin "benefit"] 1.
Roman law. A privilege, remedy, or benefit granted by
law, such as the beneficium abstinendi ("privilege of
abstaining"), by which an heir could refuse to accept
an inheritance (and thereby avoid the accompanying
debt). 2. Hist. A lease, generally for life, given by a ruler
or lord to a freeman . Beneficium in this sense arose
on the continent among the German tribes after the
collapse of the Roman Empire.
"All those to whom the Frankish king had given land and to
whom the Frankish emperor had granted political authority
had received it on certain conditions. They were the recipi'
ents of royal favor -a beneficium. Their holding came to
be so styled." Max Radin, Handbook of AngloAmerican
Legal History 126 (1936). beneficium cedendarum actionum
3. Hist. English law. An estate in land granted by the
king or a lord in exchange for services . Originally, a
beneficium could not be passed to the holder's heirs, in
contrast to feuds, which were heritable from an early
date. Tenants, however, persisted in attempting to pass
the property to their heirs, and over time the beneficium
became a heritable estate. As this process occurred, the
meaning of beneficium narrowed to a holding of an
ecclesiastical nature. See BENEFICE (2).
"Beneficia were formerly Portions of Land, etc. given by
Lords to their Followers for their Maintenance; but after
wards as these Tenures became Perpetual and Hereditary,
they left their Name of Beneficia to the Livings of the
Clergy, and retained to themselves the Name of Feuds.
And Beneficium was an estate in land at first granted for
Life only, so called, because it was held ex mero Beneficio
of the Donor ... [blut at Length, by the Consent of the
Donor, or his Heirs, they were continued for the Lives of
the Sons of the Possessors, and by Degrees past into an
Inheritance .... " Giles Jacob, A New LawDictionary (8th
ed. 1762).
"In England from almost, if not quite, the earliest moment
of its appearance, the word feodum seems not merely to
imply, but to denote, a heritable, though a dependent right.
But if on the continent we trace back the use of this word,
we find it becoming interchangeable with beneficium, and
if we go back further we find beneficium interchangeable
with precarium. A tenancy at will has, we may say, become
a tenancy in fee .... The Norman conquest of England
occurs at a particular moment in the history of this process.
It has already gone far; the words feum, feudum, feodum
are fast supplanting beneficium .... " 1 Frederick Pollock
& Frederic W. Maitland, The History of English Law Before
the Time of Edward 167-68 (2d ed. 1898).
4. Hist. Eccles. law. A feudal tenure for life in church
owned land, esp. land held by a layperson . Over
time, this sense of beneficium faded, and it came to
be restricted to that of an ecclesiastical living, i.e., a
benefice. See BENEFICE (2), (3).
"The pope became a feodal lord; and all ordinary patrons
were to hold their right of patronage under this universal
superior. Estates held by feodal tenure, being originally
gratuitous donations, were at that time denominated bene
ficia: their very name as well as constitution was borrowed,
and the care of the souls of a parish thence came to be
denominated a benefice." 4 William Blackstone, Commen
taries on the Laws of England 106 (1769).
5. Hist. A benefit or favor; any particular privilege, such
as benefit of clergy (beneficium clericale). 6. BENEFICE
(3). -Also termed (in senses 3-5) benefice.
beneficium abstinendi (ben-d-fish-ee-dm ab-sti-nen
dI). [Latin "privilege of abstaining"] Roman law. The
right of an heir to refuse an inheritance and thus avoid
liability for the testator's debts.
"[Tlhese heirs came also to be protected by the praetor,
viz. by the jus or beneficium abstinendi. Provided they took
care not to act as heir in any kind of way, then, whether
they formally demanded the privilege or not, their own
property could not be made liable for their ancestor's
debts." RW. Leage, Roman Private Law 220 (C.H. Ziegler
ed., 2d ed. 1930).
beneficium cedendarum actionum (ben-d-fish-ee-dm
see-den-day-rdm ak-shee-oh-ndm). [Latin "privilege
of having actions made over"] Roman & Scots law.
The right of a cosurety who might or might not have
paid the debt to compel the creditor to give over the

right of action against the debtor and the other cosure
ties . Under Scots law, a cosurety's (or cocautioner's)
right of action against the nonpaying cosurety arises
on payment, without the necessity of compelling the
creditor to assign the action. But in Roman law) the
right of action arose before the paying of the debt.
beneficium competentiae (ben-C1-fish-ee-C1m kom-pCl
ten-shi-ee). [Latin "privilege of competency"] Roman
& Scots law. A debtor's right to be ordered to pay only
as much as the debtor reasonably could) so that after
assigning his or her estate to creditors, the debtor kept
enough to live on. See assignment for the benefit of
creditors under ASSIGNMENT; SALVO BENEFICIO COM
PETENTIAE.
beneficium divisionis (ben-d-fish-ee-C1m di-vizh-ee-oh
nis). See BENEFIT OF DIVISION.
beneficium inventarii (ben-d-fish-ee-C1m in-ven-tay
ree-I or in-ven-tair-ee-I). [Latin "with the benefit of
inventory"] Roman law. The right of an heir to take an
inventory within a set time before deciding whether
to accept an inheritance . An heir could provision
ally take the succession and disclaim responsibility for
debts beyond the estate's value until the inventory was
completed and the inheritance accepted or rejected.
This right was introduced by Justinian. Also termed
cum beneficio inventarii (kdm ben-d-fish-ee-oh in-ven
tair-ee-I).
beneficium ordinis (ben-a-fish-ee-C1m or-dCl-nis). [Latin
"privilege of order"] Roman & Scots law. A surety's right
to require a creditor to seek payment from the princi
pal debtor belore seeking payment from the surety. See
BENEFICE DE DISCUSSION.
"Beneficium Ordinis ... by the civil law and our own, a
cautioner, simply bound as such, is entitled to insist that
the prinCipal be first discussed by extreme diligence." Hugh
Barclay, A Digest of the Law of Scotland 76 (3d ed. 1865).
beneficium separationis (ben-d-fish-ee-dm sep-d-ray
shee-oh-nis). [Latin "privilege of separation"] Roman
law. The right of a creditor of the deceased to have
the property of the deceased separated from an heir's
property . This separation protected the creditors by
ensuring that the deceased's property was not used
to pay the heir's creditors. -Also termed separatio
bonorum.
benefit, n. (14c) 1. Advantage; privilege <the benefit of
owning a car>. 2. Profit or gain; esp., the consideration
that moves to the promisee <a benefit received from
the sale>. Also termed legal benefit; legal value. Cf.
DETRIMENT (2).
death benefit. (usu. pl.) (1873) A sum or sums paid to a
beneficiary from a life-insurance policy on the death
of an insured.
fringe benefit. (1952) A benefit (other than direct salary
or compensation) received by an employee from an
employer, such as insurance, a company car, or a
tuition allowance. -Often shortened (esp. in pl.) to
benefit. [Cases: Labor and Employment (;=J 179.] general benefit. (1925) Eminent domain. The whole
community's benefit as a result of a taking . It cannot
be considered to reduce the compensation that is due
the condemnee. [Cases: Eminent Domain
peculiar benefit. See special benefit.
pecuniary benefit. (17c) A benefit capable of monetary
valuation.
private benefit. See PRIVATE BENEFIT.
special benefit. (1857) Eminent domain. A benefit that
accrues to the owner of the land in question and not
to any others . Any special benefits justify a reduc
tion in the damages payable to the owner of land
that is partially taken by the government during a
public project. Also termed peculiar benefit. [Cases:
Eminent Domain (;:::: 146.]
3. Financial assistance that is received from an
employer, insurance, or a public program (such as social
security) in time of sickness, disability, or unemploy
ment <a benefit from the welfare office>. [Cases: Social
Security and Public Welfare (;=J 140.5; Unemployment
Compensation ~>40.] -benefit, vb.
benefit association. See benevolent association under
ASSOCIATION.
benefit certificate. A written obligation to pay a named
person a specified amount upon stipulated conditions.
 Benefit certificates are often issued by fraternal and
beneficial societies. [Cases: Beneficial Associations (;::::
18(1).]
benefit of an earlier filing date. Patents & Trademarks.
For a patent or trademark applicant, the advantage of
being assigned the filing date of a related, earlier-filed
application . Under 35 USCA  119: (1) a U.S. patent
application is given the filing date of an earlier toreign
application filed in accordance with the Paris Conven
tion as long as the U.S. filing occurs not more than one
year after the foreign filing; and (2) a continuing appli
cation filed in accordance with 35 USCA  120 is given
the filing date of an earlier-filed U.S. application. Simi
larly, under 15 USCA  11 26(d), a U.S. trademark appli
cant receives the filing date of an earlier-filed foreign
application if: (I) the foreign application was filed in
a Paris Convention country; and (2) the U.S. applica
tion is filed within six months after the foreign applica
tion. -Also termed benefit of priority filing date; claim
of priority. [Cases: Patents (;=J 110.]
benefit-of-bargain rule. See BENEFlT-OF-THE-BARGAIN
RULE.
benefit of cession. Civil law. A debtor's immunity from
imprisonment for debt . The immunity arises when
the debtor's property is assigned to


's immunity from
imprisonment for debt . The immunity arises when
the debtor's property is assigned to the debtor's credi
tors. See CESSIO BONORUM.
benefit of clergy. 1. At common law, the privilege of a
cleric not to be tried for a felony in the King's Court <in
the Middle Ages, any man who could recite the "neck
verse" was granted the benefit of clergy> . Although
clergy includes monks and nuns as well as priests,
there are no known cases of women claiming or being

179
granted benefit of clergy. Congress outlawed benefit of
clergy in federal courts in April 1790. It was abolished
in England in 1827 but survived even longer in some
American states, such as South Carolina, where it was
successfully claimed in 1855. State v. Bosse, 42 S.C.L.
(3 Rich.) 276 (1855). Also termed clergy privilege;
clericale privilegium. See NECK VERSE.
"Benefit of clergy was a remarkable privilege which,
although now obsolete, was for centuries of great impor
tance in criminal law. Some knowledge of it is even now
essential for a proper understanding of common law
crimes. After William the Conqueror separated the eccle
siastical from the secular courts, the clergy put forward the
claim that all persons in holy orders should be exempt from
secular jurisdiction in all proceedings, civil or criminal.
Eventually the rule was established that 'clerks' of all kinds,
who committed any of the serious crimes termed felonies,
could be tried only in an ecclesiastical court, and therefore
were only amenable to such punishments as that court
could inflict. Any clerk accused of such crime was accord
ingly passed over to the bishop's court. He was there tried
before a jury of clerks by the oaths of twelve compurgators;
a mode of trial which usually ensured him an acquittaL"
J.w. Cecil Turner, Kenny's Outlines of Criminal Law 75 (16th
ed. 1952).
"'Benefit of clergy,' in its origin, was the right of a clergy
man not to be tried for felony in the King's Court. tn ancient
times, when the Church was at the peak point of its power,
it preempted jurisdiction over felony charges against cler
gymen. It demanded that in any case in which a clergy
man was charged with felony, the case be transferred to
the Ecclesiastical Court for trial. The benefit was extreme
because conviction of felony in the King's Court resulted
in the sentence of death, whereas the Ecclesiastical Court
did not make use of capital punishment." Rollin M. Perkins
& Ronald N. Boyce, Criminal Law4 (3d ed. 1982).
2. Loosely, religious approval as solemnized by church
ritual <the couple had several children without benefit
of clergy> . This common use of the phrase is premised
on a misunderstanding of its original meaning (sense
1).
benefit of counsel. See RIGHT TO COUNSEL (1).
benefit of discussion. Civil law. A guarantor's right to
require a creditor to seek payment from the principal
debtor before seeking payment from the guarantor.
Also termed (in French law) benefice de discussion; (in
Scots law) right of discussion. [Cases: Guaranty ~
42(1),45,77(2).]
"Benefit of Discussion. By common law a cautioner, bound
simply as such, had right to insist that the creditor should
discuss the prinCipal debtor, that is, exhaust his estate by
diligence, before coming upon him for payment of the
debt." William K. Morton & Dale A. Whitman, Manual of
the Law of Scotland 299 (1896).
benefit of division. Civil law. A surety's right to be sued
only for a part of the debt proportionate to the number
of solvent cosureties. Also termed (in Roman law)
beneficium divisionis; (in French law) benefice de
division; (in Scots law) right of division. [Cases: Princi
pal and Surety ~66, 168, 169, 194.]
benefit of inventory. Civil law. 1he principle that an heir's
liability for estate debts is limited to the value of what is
inherited, if the heir so elects and files an inventory of
the estate's assets. Also termed benefice d'inventaire.
[Cases: Descent and Distribution ~ 119.] bequest
benefit of priority filing date. See BENEFIT OF AN
EARLIER FILING DATE.
benefit-of-the-bargain damages. See DAMAGES.
benefit-of-the-bargain rule. (1913) 1. The principle
that a party who breaches a contract must pay the
aggrieved party an amount that puts that person in the
same financial position that would have resulted if the
contract had been fully performed. [Cases: Damages
~ 117.] 2. Ihe principle that a defrauded buyer may
recover from the seller as damages the difference
between the value of the property as represented and
the actual value received. -Also termed benefit-of
bargain rule. Cf. OUT-OF-POCKET RULE. [Cases: Fraud
C:::>59(2).]
benevolent association. See ASSOCIATION.
benevolentia regis habenda (ben-<:l-v<:l-Ien-shee-<:l ree-jis
h<:l-ben-d<:l). [Latin "the king's benevolence to be had"]
Hist. A fine paid to receive the king's pardon and a res
toration of place, title, or estate.
benevolent society. See benevolent association under
ASSOCIATION.
Benthamism. See hedonistic utilitarianism under UTILI
TARIANISM.
Benthamite, adj. Of or relating to the utilitarian theory
ofJeremy Bentham. See hedonistic utilitarianism under
UTILITARIANISM.
BEP. abbr. BUREAU OF ENGRAVING AND PRINTING.
bequeath (b<:l-kweeth), vb. (12c) 1. To give property (usu.
personal property) by will. [Cases: Wills ~ 1.]2. Hist.
To assign or transfer real or personal property by formal
declaration, either inter vivos or after death.
bequeathal. See BEQCEST.
bequest (b<:l-kwest), n. (I4c) 1. The act of giving property
(usu. personal property) by will. [Cases: Wills ~ 1.J
2. Property (usu. personal property other than money)
disposed of in a will. Also termed bequeathal
(b<:l-kwee-th<:ll). Cf. DEVISE; LEGACY.
charitable bequest. (18c) A bequest given to a philan
thropic organization. See CHARITABLE ORGANIZA
TION. [Cases: Charities
conditional bequest. (18c) A bequest whose effective
ness or continuation depends on the occurrence or
nonoccurrence of a particular event.  An example
might be a testator's gift of "the income from the farm
to my daughter, Betty, until she remarries." If a con
dition prohibits certain legal conduct, such as using
tobacco or growing a beard, it is sometimes termed a
reformation condition or character-improvement COl1-
dition. [Cases; Wills ~639-668.1
demonstrative bequest. (1905) A bequest that, by its
terms, must be paid out of a specific source, such as a
stock fund. [Cases: Wills ~755.]
executory bequest. (18c) A bequest of a future, deferred,
or contingent interest in personal property. [Cases:
Wills (.~'625.1

Berlin Act
general bequest. (I8c) 1. A bequest of a general benefit,
rather than a particular asset, such as a gift of money
or a gift of all the testator's stocks. 2. A bequest
payable out of the general assets of the estate. [Cases:
Wills
monetary bequest. See pecuniary bequest.
money bequest. See pecuniary bequest.
pecuniary bequest. (I8c) A testamentary gift of money;
a legacy. Also termed monetary bequest; money
bequest. [Cases: Wills 567.]
remainder bequest. See residuary bequest.
residuqry bequest. (18c) A bequest of the remain
der of the testator's estate, after the payment of the
debts, legacies, and specific bequests. -Also termed
remainder bequest. lCases: Wills C'=586.]
specific bequest. (l8c) A bequest of a specific or unique
item of property, such as any real estate or a particular
piece of furniture. [Cases: Wills
Berlin Act. Copyright. A 1908 revision of the Berne Con
vention prohibiting formalities as a requirement for
copyright protection, recommending (but not requir
ing) a term of protection equal to the life of the author
plus 50 years, and expanding the types of works eligible
for copyright protection . Motion pictures were
included in copyright protection for the first time. -
Also termed Berlin Act of 1908; 1908 Berlin Act.
Berne Additional Protocol. Copyright. A 1914 amend
ment to the Berne Convention providing for reprisals
against a foreign national who publishes simultane
ously in both a member nation and the author's own
nonmember and nonreciprocating country . The
reprisal was aimed at the United States, which until
1989 refused to join the Berne Convention but whose
citizens could enjoy Berne protection by first publish
ing in a member nation. See BACK DOOR TO BERNE.
Berne Convention. Copyright. An international copy
right treaty providing that works created by citizens
of one signatory nation will be fully protected in other
signatory nations, without the need for local formal
ities . The treaty was drafted in Berne in 1886 and
revised in Berlin in 1908. It is now administered by
the World Intellectual Property Organization and pre
scribes minimum levels and terms of copyright protec
tion. The United States ratified the Berne Convention in
1989 and changed several aspects of U.S. copyright law
to comply with the treaty's terms. Also termed Berne
Copyright Convention; Berne Convention for the Protec
tion of Lite ra ry and Artistic Property. See CONGRESS OF
AUTHORS AND ARTISTS. [Cases: Copyrights and Intel
lectual Property G=::C34.]
Berne Convention Implementation Act. Copyright.lhe
1988 federal law making the United States a signatory
to the Berne Convention, 102 years after the convention
was first opened for signatures . The law ended rigid
formalities for registration and marking, although reg
istration is still required before United States-copyright
owners can sue for infringement. Pub. L. No. 100-568, 180
102 Stat. 2853. -Abbr. BCIA. [Cases: Copyrights and
Intellectual Property
Berne Copyright Convention. See BERNE CONVEN
TION.
Berne-minus, adj. Copyright. Of or relating to the second
sentence of Art. 9(1) of the TRIPs Agreement, which
provides that intellectual-property rights and duties
under the Berne Convention will not be expressly
enforced on noncomplying signators through the
TRIPs Agreement. U.S. reluctance to expressly protect
moral rights of authors and artists has been criticized
as a "Berne-minus" attitude.
Berne Paris Act. Copyright. A 1971 revision of the Berne
Convention reducing the obligations of nations that
became members as colonies of signatories. Also
termed 1971 Paris Act of the Berne Convention.
Berne-plus, adj. Copyright. Of or relating to a copyright
treaty provision that affords greater intellectual-prop
erty protection than the minimum required by the
Berne Convention, either by granting stronger rights or
by extending protection to new forms of subject matter.
 The term arose during negotiations over the TRIPs
Agreement, reflecting the principle that the treaty
should incorporate and build on existing international
law. The WIPO treaties are said to be "Berne-plus"
treaties because they incorporate Berne protections
and add additional protections of their own.
Berne Safeguard Clause. Copyright. A provision in the
Universal Copyright Convention barring protection
in Berne Union countries for the works of any country
that withdraws from the Berne Union after January
1, 1951.  The purpose of the clause was to prevent
countries from withdrawing from the Berne Union in
favor of the more relaxed copyright -protection stan
dards of the Convention. The clause was amended in
1971 to give developing countries the right to opt out
of its mandate. [Cases: Copyrights and Intellectual
Property C:::>34.]
Berne Union. Copyright. The treaty alliance of Berne
Convention member nations. [Cases: Copyrights and
Intellectual Property
Berry rule. (1956) The doctrine that a defendant seeking
a new trial on grounds of newly discovered evidence
must show that (1) the evidence is newly discovered and
was unknown to the defendant at the time of trial; (2)
the evidence is material rather than merely cumulative
or impeaching; (3) the evidence will probably produce
an acquittal; and (4) the failure to learn of the evidence
was not due to the defendant's lack of diligence. Berry
v. State, 10 Ga. 511 (1851). [Cases: Criminal Law
938(1).]
Bertillon system (bilr-t;l-lon or bair-tee-yawn). A system
of anthropometry once used to identify criminals by
measuring and describing them. _ The Bertillon system
is named for Alphonse Bertillon, the French anthro
pologist who developed the technique early in the 20th
century. It has been largely replaced by fingerprinting.
Cf. ANTHROPOMETRY.

181
"The system of identification known as the Bertillon
system is worked out on the assumption that an individ
ual's physical measurements are constant after maturity


identification known as the Bertillon
system is worked out on the assumption that an individ
ual's physical measurements are constant after maturity
is attained. Such measurements include height, span of
arms, sitting height, length of head, width of right ear,
length of left foot, length of left middle finger, length of
left little finger, and length of left forearm. The Bertillon
system also records photographs (front and profile), hair
and eye color, complexion, scars, tattoo marks and any
asymmetrical anomalies." Encyclopedia of Criminology
81'82 (Vernon c. Branham & Samuel B. Kutash eds., 1949),
s.v. "Criminalistics."
bes (bes), n. [Latin] 1. Roman law. Two-thirds of the
Roman as, or pound, consisting of eight unciae (ounces)
out of twelve. See AS; UNCIA. 2. Civil law. Two-thirds of
an inheritance.
besayel (bes-aY-Jl). [Law French] Hist. L A writ of right
used by a great -grandfather's heirs to recover property
held by the great-grandfather. See assize of mort
d'ancestor under ASSIZE (6). 2. A great-grandfather.
Also spelled besaiel; besaile; bisaile; besayle. Cf. AIEL;
COSINAGE.
besluit (bi-sloyt), n. [Dutch "decision"] Roman-Dutch
law. A legislative resolution or decree.
bespeaks-caution doctrine. Securities. 'The principle that
if soft information in a prospectus is accompanied by
cautionary language that adequately warns investors
that actual results or events may affect performance,
then the soft information may not be materially mis
leading to investors. -Soft information includes fore
casts, estimates, opinions, and projections about future
performance. The doctrine was codified in the Private
Securities Litigation Reform Act of 1995. [Cases: Secu
rities Regulation (;=60.27(5).]
best bid. See BID (1).
best edition. Copyright. A particular version of a copy
righted work that is published in the U.S. before the
date of deposit and that is designated by the Library of
Congress, in its discretion, as the most suitable for its
purposes. -Two copies of a copyrighted work, in the
selected best-edition form, must be deposited with the
Library. [Cases: Copyrights and Intellectual Property
(;'-=>50.10.]
best efforts. (17c) Diligent attempts to carry out an obli
gation <the contractor must use best efforts to complete
its work within the stated time>. -As a standard, a
best-efforts obligation is stronger than a good-faith
obligation. Best efforts are measured by the measures
that a reasonable person in the same circumstances and
of the same nature as the acting party would take.
Also termed best endeavors. Cf. due diligence (l) under
DILIGENCE; GOOD FAITH. [Cases: Contracts C=" 189.]
best-efforts contract. See CONTRACT,
best-efforts underwriting. See UNDERWRITING.
best embodiment. See BEST MODE.
best endeavors. See BEST EFFORTS.
best evidence. See EVIDENCE.
best-evidence rule. (1894) The evidentiary rule providing
that, to prove the contents of a writing (or a recording best-interests-of-the-child doctrine
or photograph), a party must produce the original
writing (or a mechanical, electronic, or other familiar
duplicate, such as a photocopy) unless it is unavailable,
in which case secondary evidence -the testimony of
the drafter or a person who read the document -may
be admitted. Fed. R. Evid. 1001-1004. -Also termed
documentary-originals rule; original-writing rule; origi
nal-document rule. [Cases: Criminal Law (;= 398-403;
Evidence C-~,) 157-187.]
"Down to a century or more ago, the term 'best eVidence'
was a good deal used; 'the best evidence that the nature
of the thing will afford' was said to be required. But this
loose expression never represented a concrete rule. The
only positive and concrete rules of the kind are those above
named. And today, though the cant phrase is sometimes
invoked, and though an inference may be made against a
party who fails to produce what might be better evidence,
yet no court will in general exclude relevant evidence
because there might be better evidence available," John
H. Wigmore, A Students' Textbook of the Law of Evidence
219 (1935).
bestiality (bes-chee-al-<l-tee). (l4c) Sexual activity
between a human and an animaL -Some authorities
restrict the term to copulation between a human and
an animal of the opposite sex. See SODOMY. [Cases:
Sodomy C=> 1.]
best interests of creditors. Bankruptcy. A test for con
firmation of a reorganization plan whereby the court
inquires into whether the plan ensures that the value of
property to be distributed to each creditor is at least the
amount that the creditor would receive if the debtor's
estate were liquidated in a Chapter 7 case. - A court
may not confirm a plan in a Chapter 9, Chapter 12, or
Chapter 13 case unless it is in the best interests of the
creditors. In a Chapter 11 case, a court may confirm a
plan even though some creditors do not vote to accept
it if the court finds that the plan is in the creditors'
best interest. 11 USCA  944(7), 1129(a)(7), 1225(a)
(4), 1325(a)(4). Also written best interest of creditors.
[Cases: Bankruptcy (;=3481, 3560,3682,3710(7).]
best interests of the child. Family law. A standard by
which a court determines what arrangements would
be to a child's greatest benefit, often used in deciding
child-custody and visitation matters and in deciding
whether to approve an adoption or a guardianship. -
A court may use many factors, including the emotional
tie between the child and the parent or guardian, the
ability of a parent or guardian to give the child love
and gUidance, the ability of a parent or guardian to
provide necessaries, the established living arrange
ment between a parent or guardian and the child, the
child's preference if the child is old enough that the
court will consider that preference in making a custody
award, and a parent's ability to foster a healthy rela
tionship between the child and the other parent. -
Abbr. BIC. Also termed best interest of the child. Cf.
PARENTAL-PREFERENCE DOCTRINE. [Cases: Adoption
Child Custody 178; Guardian and Ward
(;= 10.]
best-interests-of-the-child doctrine. Family law. The
principle that courts should make custody decisions

best mode
based on whatever best advances the child's welfare,
regardless of a claimant's particular status or relation
ship with the child. _ One important factor entering
into these decisions is the general belief that the child's
best interests normally favor custody by parents,
as opposed to grandparents or others less closely
related. The doctrine is quite old, haVing been stated,
for example, in the early 19th-century case of Com
monwealth v. Briggs, 33 Mass. 203 (1834). -Some
times shortened to best-interests doctrine; best-interest
doctrine. See PARENTAL-PREFERENCE DOCTRINE. [Cases:
Child Custody (;::::>76.]
best mode. Patents. The best way that the inventor
knows to work the invention described and claimed in
a patent or patent application. - A patent application
must disclose the best mode known to the inventor at
the time of the filing. Failure to disclose the best mode
can render a patent invalid. 35 USCA  112,' L Also
termed best embodiment. Cf. ENABLEMENT REQUIRE
MENT. [Cases: Patents C::::>'98.j
best-mode requirement. Patents. 1he requirement that
a patent application show the best phYSical method
known to the inventor for using the invention. Cf.
ENABLEMENT REQUIREMENT. [Cases: Patents C::::>98.]
bestow, vb. (l4c) To convey as a gift <bestow an honor on
another>. -bestowal, n.
best use. See highest and best use under USE (1).
bet, n. Something (esp. money) staked or pledged as a
wager. [Cases: Gaming 1.] -bet, vb. -betting,
n. bettor, n.
layoff bet. A bet placed by a bookmaker to protect
against excessive losses or to equalize the total amount
placed on each side of the wager. See LAYOFF BETTOR.
[Cases: Gaming C::::>62.]
beta. A statistical measure of a security's risk, based on
how widely a particular security's return swings as
compared to the overall return in the market for that
security. -The market's beta is set at 1.0; a security
with a beta lower than 1.0 is less risky than the general
market, while a security with a beta higher than 1.0 is
more so.
beta-test agreement. Intellectual property. A software
license agreement, usu. between a software developer
and a customer, permitting the customer to use the
software program in a "live" environment before its
release to the general public. -Beta-test agreements
differ from more conventional software licenses in that
they typically (1) have more significant limitations on
liability; (2) contain few, if any, warranties; and (3)
require user evaluation and feedback. -Also termed
software beta-test agreement. [Cases: Copyrights and
Intellectual Property C::::>, 107.]
beta testing. Intellectual property. The process of testing
products and services, esp. software, under real-life
conditions. -Consumers often engage in beta testing
at no cost in exchange for reporting to the developer
how satisfied they are, any problems they encounter,
and any suggested improvements. To protect a trade 182
secret or to avoid a statutory bar, the developer may
require the user to sign a nondisclosure agreement. Cf.
ALPHA TESTING.
bet din. See BETH DIN.
beth din. Family law. A rabbinical tribunal empowered
by Jewish law to decide and enforce matters of Jewish
law and custom; esp., a tribunal consisting of three
rabbis who decide questions of Jewish law. -Also
spelled bet din. See BETH TORAH.
beth Torah. The judgment rendered by a panel of rabbis.
See BETH DIN.
betrothal. 1. Eccles. law. A religiOUS ceremony con
firming an agreement to marry. _ Historically, a
betrothal was performed months or years before the
parties wedded. It was in theory as legally binding as a
marriage and created an impediment to marriage with
any other person, but not an insurmountable impedi
ment. In modern form, the betrothal is usu. part of
the marriage ceremony. -Also termed betrothment.
See ENGAGEMENT (2). Cf. precontract under CONTRACT;
ESPOUSALS. 2. Slang. A corporate merger agreement.
betrothment. See BETROTHAL (1).
betterment. (18c) l. An improvement that increases the
value of real property; esp., an enhancement in the
nature of an alteration or addition that goes beyond
repair or restoration to a former condition. [Cases:
Improvements C::::> 1.]2. An improvement of a highway,
railroad, or building that goes beyond repair Of resto
ration. 3. An increase in value, esp. real-estate value,
attributable to improvements. See IMPROVEMENT.
betterment act. (1819) A statute requiring a landowner
to compensate an occupant who improves the land
under a mistaken belief that the occupant is the real
owner. _ The compensation usu. equals the increase
in the land's value generated by the improvements. -
Also termed occupying-claimant act; occupant statute.
[Cases: Improvements CJ4.]
betterment tax. A tax for the improvement of
highways.
betting. See PARIMUTUEL BETTING.
beyond a reasonable doubt. See REASONABLE DOUBT.
beyond seas. (16c) Hist. 1. (Of a person) being absent
from a jurisdiction or nation; out of the country, esp.
across the ocean. -This term was used when a person
could not be served with a summons, notice, etc.
because the person was absent from the jurisdiction.
Some jurisdictions toll the statute oflimitations during
a defendant's absence. 2. Out-of-state. _ Although
originally beyond seas meant "out of the country," the
U.S. Supreme Court declared that the term includes
absence from a state. Murray's Lessee v. Baker, 16 U.S.
541, 545 (1818). -Also termed beyond sea; beyond the
seas; ultra mare.
"[lIt has been provided that if any person or persons against
whom there shall be any cause of action shall at the time
of its accrual be beyond seas, then the person or persons
entitled to any such cause of action shall be at liberty to
bring the same against such person or persons within such

183
time as before limited, after his or their return from beyond
seas." John Indermaur, Principles of the Common Law 240
(Edmund H. Bennett ed., 1st Am. ed. 1878).
b.f. abbr. BONUM FACTUM.
BFOQ. abbr. BONA FIDE OCCUPATIONAL QUALIFICA-
TION.
BFP. See bona fide purchaser under PURCHASER (1).
BHC. abbr. BANK HOLDING COMPANY.
BIA. abbr. 1. BUREAU OF INDIAN AFFAIRS. 2. BOARD OF
IMMIGRATION APPEALS.
bias, n. (16c) Inclination; prejudice; predilection <the
juror's bias prompted a challenge for cause>. -bias,
vb. biased, adj.
actual bias. Genuine prejudice that


prompted a challenge for cause>. -bias,
vb. biased, adj.
actual bias. Genuine prejudice that a judge, juror,
witness, or other person has against some person or
relevant subject. Cf. implied bias.
advocate's bias. The bias that attorneys often develop
in favor of a client involved in a dispute and that may
potentially cause such missteps as overlooking certain
arguments or misjudging the way facts or cases may
appear to a dispassionate outsider.
implied bias. Prejudice that is inferred from the expe
riences or relationships of a judge, juror, witness,
or other person. -Also termed presumed bias. Cf.
actual bias.
judicial bias. A judge's bias toward one or more of
the parties to a case over which the judge presides .
Judicial bias is usu. not enough to disqualify a judge
from presiding over a case unless the judge's bias
is personal or based on some extrajudicial reason.
[Cases: Judges (;:::::'49.]
BIC. abbr. BEST INTERESTS OF THE CHILD.
bicameral, adj. (Of a legislature) having two legislative
houses (usu. called the House of Representatives, or the
Assembly, and the Senate) . The federal government
and all states except Nebraska have bicamerallegisla-
tures. [Cases: States C::)26.J bicameralism, n.
Bicameral Clause. The constitutional provision that
creates the two legislative chambers of Congress. See
U.S. Const. art.!,  1.
bid, n. (18c) 1. A buyer's offer to pay a specified price for
something that mayor may not be for sale <a bid at an
auction> <a takeover bid>.
best bid. The highest auction bid; in the letting of a
contract, the lowest bid by a qualified bidder. [Cases:
Auctions and Auctioneers (;:::::'7.]
bid in. A bid made by the owner of auctioned property
to ensure that the property is not sold below actual
value. [Cases: Auctions and Auctioneers
bid off. To purchase by bid at auction or judicial sale.
[Cases: Auctions and Auctioneers Judicial Sales
(;:::::'19.]
upset bid. A bid in a judicial sale made for more than
the purchaser's bid so that the sale will be set aside
(Le., upset). [Cases: Judicial Sales C:::> 19.J biens
2. A submitted price at which one will perform work
or supply goods <the subcontractor's bid>. See BID-
SHOPPING. bid, vb. -bidder, n.
competitive bid. A bid submitted in response to public
notice of an intended sale or purchase.
firm bid. (1907) A bid that, by its terms, remains open
and binding until accepted or rejected . A firm bid
commonly contains no unusual conditions that might
defeat acceptance.
open bid. (1849) A bid that the bidder may alter after
submission so as to meet competing bids.
sealed bid. (1849) A bid that is not disclosed until all
submitted bids are opened and considered simulta
neously.
bid and asked. Securities. A notation describing the
range of prices quoted for securities in an over-the
counter stock exchange . Bid denotes the highest
price the buyer is willing to pay, and asked denotes
the lowest price the seller will accept. See SPREAD (2).
[Cases: Exchanges 13.]
bid bond. See BOND (2).
bidding up. (1823) The act or practice of raising the price
for an auction item by making a series of progressively
higher bids . Bidding up is unlawful if the bids are
made collusively by persons with an interest in raising
the bids. ct BY-BIDDING; SHILLING (1). [Cases: Auctions
and Auctioneers (;:::::'7.]
biderepe. See BEDRIP.
bid in. See BID (1).
bid off. See BID (1).
bid peddling. See BID-SHOPPI)lG.
bid price. See PRICE.
bid quote. Securities. The price a broker will pay for a
security or commodity.
bid-shopping. (1964) A general contractor's effort after
being awarded a contract to reduce its own costs by
finding a subcontractor that will submit a lower bid
than the one used in calculating the total contract price.
 If a lower bid is obtained, the general contractor will
receive a windfall profit because the savings are usu.
not passed on to the property owner. The subcontrac
tor whose bid is used in the initial proposal can seek to
avoid bid-shopping by insisting that it be irrevocably
named in the contract as the project's subcontractor.
bid wanted. Securities. A dealer's notation that bids are
being sought from anyone on a security for sale . The
notation appears in the pink sheets. -Abbr. BW. See
PINK SHEET.
biennial session. See SESSION (1).
biennium (bI-en-ee-;3m). 1. A two-year period. 2. The
period for which many state legislatures make appro
priations. [Cases: States (;:::::' 131.]
biens (beenz or byenz). [French] Hist. Goods; property.
 Biens includes real property in most civil-law juriS
dictions. Cf. BONA.

bifactoral obligation. See OBLIGATION.
bifurcated divorce. See divisible divorce under DIVORCE.
bifurcated trial. See TRIAL.
bigamous (big-~-m~s), adj. 1. (Of a person) guilty of
bigamy. 2. (Of a marriage) involving bigamy.
bigamus (big-~-m~s), n. Hist. 1. One who commits
bigamy; a bigamist. 2. A man who marries a widow, or
who remarries. _ Under ecclesiastical law, a bigamus
could be denied benefit of clergy.
bigamy, n. (13c) 1. The act of marrying one person while
legally married to another. -Bigamy is distinct from
adultery: It is a criminal offense if it is committed know
ingly. In 1878, the U.S. Supreme Court held that the
government was not constitutionally prohibited from
banning Mormon polygamy. Reynolds v. United States, 98
U.S. (8 Otto) 145 (1878). [Cases: BigamyC=> 1; Marriage
2. Eccles. law. The act of marrying a widow or
widower, or a divorced person . Somewhat surprisingly,
sense 2 is valid even under modern ecclesiastical law, but
it is not an offense, only a bar to entering holy orders. -
Also termed sequential marriage. See DEUTEROGAMY. Cf.
POLYGAMY; MONOGAMY; ADULTERY. -bigamist, n.
big bath. Slang. A write-oil of significant costs, taken
to shed an unprofitable business line or to remove the
necessity for future write-offs.
Big Board. 1. The New York Stock Exchange . This sense
of Big Board may have derived from the former name of
the NYSE -New York Stock and Exchange Board. 2. A
quotation display showing the current prices of securi
ties listed on the New York Stock Exchange.
big pot. See MAIN POT.
bilagines (bIlay-j~-neez). [Law Latin] Hist. Town bylaws;
laws made by a town's inhabitants for their own gov
ernment.
bilan (bee-Iahn). [French "balance sheet"] Civil law. A
book used by bankers and merchants to record all that
they owe and all that is owed to them; a balance sheet.
bilanciis deferendis (b~-lan-shee-is def-~r-en-dis).
Hist. An obsolete writ ordering a corporation to carry
weights to a given place to weigh wool licensed for
transportation.
bilateral, adj. (l8c) Affecting or obligating both parties
<a bilateral contract>.
bilateral act. See ACT.
bilateral advance pricing agreement. See ADVANCE
PRICING AGREEMENT.
bilateral contract. See CONTRACT.
bilateral mistake. See mutual mistake (1) under
MISTAKE.
bilateral monopoly. See MONOPOLY.
bilboes (bil-bohz). Hist. 1. A device for punishment
at sea consisting of a board with holes that secure an
offender's hands and feet. Cf. STOCKS. 2. An iron bar
with sliding shackles for confining the ankles of pris
oners, esp. on shipboard. bill, n. (14c) 1. A formal written complaint, such as a
court paper requesting some specific action for reasons
alleged. 2. An equitable pleading by which a claimant
brings a claim in a court of equity . Before the merger
oflaw and equity, the bill in equity was analogous to a
declaration in law. The nine parts of every equitable bill
are (1) the address to the person holding the great seal,
(2) the introduction, which identifies the parties, (3) the
premises, which state the plaintiff's case, (4) the confed
erating part, in which the defendants are charged with
combination, (5) the charging part, in which the plain
tiff may try to overcome defenses that the defendants
may allege, (6) the jurisdictional clause, showing that
the court has jurisdiction, (7) the interrogating part,
inserted to try to compel a full and complete answer,
(8) the prayer for relief, and (9) the prayer for process to
compel the defendants to appear and answer. Also
termed bill in equity. See DECLARATION (7). -Also
termed bill in chancery; bill of chancery; bill of equity;
bill for foreclosure. [Cases: Equity (';::::: 128-153.]
"The statement of the plaintiff's cause of action in equity
is called the bill. To this bill the defendant (unless he could
protect himself by a demurrer or a plea) was obliged to
put in an answer under oath." George Tucker Bispham,
The Principles of Equity: A Treatise on the System of Justice
Administered in Courts of Chancery  9, at 12 (11th ed.
1931).
bill for a new trial. A bill in equity to enjOin a judgment
and to obtain a new trial because of some fact that
would render enforcement of the judgment inequi
table . The fact must have been either unavailable
or unknown to the party at trial through fraud or
accident. Cf. MOTION FOR NEW TRIAL. [Cases: New
Trial C=> 167.1
billfor redemption. See bill of redemption .
bill in aid of execution. A bill filed by a judgment
creditor to set aside a fraudulent encumbrance or COI1-
veyance. [Cases: Fraudulent Conveyances
bill in perpetuam rei memoriam. See bill to perpetu-
ate testimony.
bill in the nature of a bill of review. A post judgment bill
of review filed by someone who was neither a party to
the original suit nor bound by the decree sought to
be reversed. Also termed supplemental bill in the
nature of a bill of review. [Cases: Equity (>442.]
bill in the nature of a bill of revivor. A bill filed when a
litigant dies or becomes incapacitated before the liti
gant's interest in property could be determined . 'The
purpose of the bill is to resolve who holds the right to
revive the original litigation in the deceased's stead.
[Cases: Equity (::::::303.]
bill in the nature of a supplemental bill. A bill bringing
to court new parties and interests arising from events
that occur after the suit is filed . A supplemental bill,
in contrast, involves parties or interests already before
the court. [Cases: Equity C:::>294.]
bill in the nature of interpleader. A bill of interpleader
filed by a person claiming an interest in interpleaded
property. [Cases: Interpleader C:::>23.J

185
bill of certiorari. (18c) A bill in equity seeking removal
of an action to a higher court. See CERTIORARI. [Cases:
Certiorari ~42(.5).1
bill of complaint. An original bill that begins an action
in a court of equity. See COMPLAINT (1). [Cases: Equity
(.::::'128-153.]
"A suit in equity, under the procedure of the English Court
of Chancery, which was generally adopted in the American
States prior to the code, is instituted by the plaintiff filing
a bill of complaint. The plaintiff is usually called the com
plainant, in the Federal courts the complainant or plain
tiff indifferently. The bill is in substance a petition to the
chancellor, or judge of the court of equity, setting forth at
large the grounds of the suit, and praying the process of
the court;its subpoena, to bring the defendant into court
and compel him to answer the plaintiff's bill, and, also, for
such relief by decree or interlocutory remedy, by way of
injunction, etc., as the plaintiff supposes himself entitled
to." Edwin E. Bryant, The Law of Pleading Under the Codes
of Civil Procedure 55 (2d ed. 1899).
bill of conformity. A bill filed by an executor or admin
istrator who seeks the court's guidance in administer
ing an estate. -The bill is usu. filed to adjust creditors'
claims.
bill of costs. (l6c) A certified, itemized statement of
the amount of costs owed by one litigant to another,
prepared so that the prevailing party may recover the
costs from the losing party. Also termed cost bill.
[Cases: Costs ~202; Federal Civil Procedure ~
2742.1.]
bill of discovery. (17c) A bill in equity seeking disclo
sure of facts within the opposing party's knowledge.
See DISCOVERY. [Cases: Equity C-=' 129.]
bill of evidence. A transcript of testimony heard at
trial.
bill of exceptions. (l7c) 1. A formal


evidence. A transcript of testimony heard at
trial.
bill of exceptions. (l7c) 1. A formal written state
ment -Signed by the trial judge and presented to
the appellate court -of a party's objections or excep
tions taken during trial and the grounds on which
they are founded. -These bills have largely been
replaced by straight appeals under the Federal Rules
of Civil Procedure. See EXCEPTION (1). [Cases: Excep
tions, Bill of~ 1.]2. In some jurisdictions, a record
made to preserve error after the judge has excluded
evidence.
bill of foreclosure. A bill in equity filed by a lender to
have mortgaged property sold to satisfy all or part
of the secured, unpaid debt. [Cases: Mortgages ~
444.]
bill of interpleader. An original bill filed by a party
against two or more persons who claim from that
party the same debt or duty. -The requesting party
asks the court to compel the contenders to litigate
and establish their rights to the debt or the duty. See
INTERPLEADER. [Cases: Interpleader C=23.]
"The common law offered the stakeholder no relief, in that
if he paid in good faith to one claimant, he might never
theless be sued by and required to pay another claimant.
And a judgment at law in favor of one claimant against
the stakeholder was no defense to an action against the
stakeholder by another claimant. However, in equity the
bill or suit of interpleader offers him a remedy in that he bill
may interplead (bring) into one action all of the claim
ants, turn the money or property over to the court, be
himself dismissed from the proceeding, and have the court
deCide which of the claimants is entitled to the fund or
property .... " William Q. de Funiak, Handbook of Modern
Equ;ty 108, at 241-42 (2d ed. 1956).
bill of peace. (18c) An equitable bill filed by one who
is threatened with multiple suits involVing the same
right, or with recurrent suits on the same right, asking
the court to determine the question once and for all,
and to enjoin the plaintiffs from proceeding with the
threatened litigation. -One situation involves many
persons having a common claim but threatening to
bring separate suits; another involves one person
bringing a second action on the same claim. [Cases:
Equity ~51(1).1
"By a bill of peace we are to understand a bill brought by a
person to establish and perpetuate a right which he claims,
and which, from its nature, may be controverted by differ
ent persons, at different times, and by different actions; or,
where separate attempts have already been unsuccessfully
made to overthrow the same right, and justice requires
that the party should be quieted in the right, if it is already
sufficiently established; or if it should be sufficiently estab
lished under the direction of the court. The obvious design
of such a bill is to procure repose from perpetual litigation,
and therefore, it is justly called a bill of peace." Joseph
Story, Commentaries on Equity jurisprudence  853, at 567
(W.E. Grigsby ed., 1st English ed. 1884).
"If there was a dispute as to some right involving a mul
tipliCity of persons (e.g., as to a man's right to take tolls,
or to a right of way traversing many estates), a bill of
peace could be brought in equity to establish the right
and so secure repose from the prospect of incessant or
multifarious litigation. Bills of peace have now in practice
been superseded by modern procedural provisions for the
joinder of parties and for representative actions." Robert E.
Megarry & P.V. Baker, Snell's Principles of Equity 570 (27th
ed. 1973).
bill of privilege. Rist. The formal process for suing an
attorney or officer of the court.
"Attorneys and all other persons attending the courts
of justice (for attorneys, being officers of the court, are
always supposed to be there attending) are not liable to
be arrested by the ordinary processes of the court, but
must be sued by a bill, called usually a bill of privilege, as
being personally present in court." William BlaCkstone, 3
Commentaries on the Laws of England 289 (1768).
bill of redemption. A bill in equity filed to enforce
a right to redeem real property, usu. following a
mortgage foreclosure or a delinquent-tax sale. -Also
termed bill for redemption.
bill of review. (17c) A bill in equity requesting that a
court reverse or revise a prior decree. [Cases: Equity
(;:::=:c442.]
bill of revivor. (17c) A bill filed for the purpose of
reviving and continuing a suit in equity when the
suit has been abated before final consummation. -
'Ibe most common cause of such an abatement is the
death of either the plaintiff or the defendant. [Cases:
Equity C=;> 303.]
bill of revivor and supplement. A compound of a sup
plemental bill and a bill of revivor, joined for con
venience. -Its distinct parts must be framed and

bill
proceeded on separately. [Cases: Equity (::::::>294-
309.]
bill quia timet. An equitable bill used to guard against
possible or prospective injuries and to preserve the
means by which existing rights are protected from
future or contingent violations. _ It differs from an
injunction, which corrects past and present -or
imminent and certain -injuries. One example is a
bill to perpetuate testimony. See QUIA TIMET. [Cases:
Equity (::::::> 17.]
bill to carry a decree into execution. A bill brought
when a decree could not be enforced without further
court order because of the parties' neglect or for some
other reason. -Also termed bill to enJorce a decree.
[Cases: Equity C:J438.]
bill to perpetuate testimony. (l8c) An original bill to
preserve the testimony of a material witness who
may die or leave the jurisdiction before a suit is com
menced, or to prevent or avoid future litigation. -
Also termed bill in perpetuam rei memoriam. [Cases:
Federal Civil Procedure c> 1293; Pretrial Procedure
bill to suspend a decree. A bill brought to set aside a
decree. [Cases: EquityC:~430.1
bill to take testimony de bene esse (dee or dJ bee-nee
es-ee also day ben-ay es-ay). A bill brought to take tes
timony pertinent to pending litigation from a witness
who may be unavailable at the time of triaL [Cases:
Federal Civil Procedure (::::::> 1293; Pretrial Procedure
cost bill. See bill oj costs.
cross-bill. A bill brought by the defendant against the
plaintiff in the same suit, or against other defendants
in the same suit, relating to the matters alleged in the
original bilL [Cases: Equity (::::::> 195-206.]
nonoriginal bill. A bill relating to some matter already
litigated by the same parties. -It is an addition to or
a continuation of an original bilL
original bill. A bill relating to some matter that has
never before been litigated by the same parties with
the same interests. [Cases: Equity C=) 128-153.]
skeleton bill oj exceptions. A bill of exceptions that, in
addition to the formal parts, contains only the court's
directions to the clerk to copy or insert necessary doc
uments into the record for appellate review, but does
not contain the actual evidence or trial-court rulings.
-For example, the statement "the clerk will insert
the official transcript here" is typically a skeleton bilL
[Cases: Exceptions, Bill of C='23.]
supplemental bill. A bill filed for the purpose of adding
something to an original bilL -This addition usu.
results from the discovery of new facts or from a new
understanding of facts after the defendant has put on
a defense. [Cases: Equity (::::::>294-301.]
supplemental bill in the nature of a bill oj review. See
bill in the nature oj a bill oj review. 186
3. A legislative proposal offered for debate before its
enactment. [Cases: Statutes (::::::>1-23.]
administration bill. A bill drafted and submitted by
the executive branch.
appropriations bill. (18c) A bill that authorizes gov
ernmental expenditures. _ The federal government
cannot spend money unless Congress has appropri
ated the funds. u.s. Canst. art. I,  9, cl. 7. -Also
termed spending bill. See APPROPRIATION (2), (3).
[Cases: United States (::::::>85.]
budget bill. A bill designating how money will be allo
cated for the following fiscal year.
dean bill. A bill that has been changed so much by a
legislative committee that it is better to introduce a
new bill (a "clean" one) than to explain the changes
made. Also termed committee substitute.
companion bill. A bill introduced in the other house
of a bicameral legislature in a substantially identical
form.
deficiency bill. An appropriations bill covering
expenses omitted from the general appropriations
bills, or for which insufficient appropriations were
made. -An urgent deficiency bill covers immediate
expenses usu. for one item, and a general deficiency
bill covers a variety of items.
engrossed bill. (ISc) 1. A bill in a form ready for final
passage by a legislative chamber. 2. A bill in the form
passed by one house of the legislature. See ENGROSS
(3); ENGROSSMENT (2).
"An engrossment is a proofreading and verification in order
to be certain that the bill before the house is identical with
the original bill as introduced with all amendments that
have been adopted correctly inserted." National Confer
ence of State Legislatures, Mason's Manual of Legislative
Procedure  735-2, at 525 (2000).
enrolled bill. (l8c) A bill passed by both houses of the
legislature and signed by their presiding officers. See
E:-.IROLL (2); ENROLLED-BILL RULE. [Cases: Statutes
(::::::>37.]
house bill. (often cap.) (1871) A legislative bill being
considered by a house of representatives. -Abbr. H;
H.B.
money bill. See revenue bill.
must-pass bill. Legislation of vital importance, such
as an appropriation without which the government
will shut down. - A must-pass bill will often attract
unrelated riders. See RIDER.
omnibus bill. (1840) 1. A Single bill containing various
distinct matters, usu. drafted in this way to force the
executive either to accept all the unrelated minor
provisions or to veto the major provision. 2. A bill
that deals with all proposals relating to a particular
subject, such as an "omnibus judgeship bill" covering
all proposals for new judgeships or an "omnibus
crime bill" dealing with different subjects such as new
crimes and grants to states for crime control.

187
pre filed bill. A bill that has been drafted and submitted
before a legislative session begins.
private bill. A bill relating to a matter of personal or
local interest only. Cf. special law under LAW.
"A private Bill is a measure for the interest of some person
or class of persons, whether an individual, a corporation, or
the inhabitants of a county, town, parish, or other locality,
and originates on the motion of some member of the [leg'
islature] in which the Bill is introduced." Courtenay P. libert,
Legislative Methods and Forms 28 (1901).
public bill. (ISc) A bill relating to public policy in the
whole community.
revenue bill. (ISc) A bill that levies or raises taxes .
Federal revenue bills must originate in the House of
Representatives. U.S. Const. art. I,  7, d. 1. -Also
termed money bill.
senate bill. (often cap.) (1S57) A legislative bill being
considered by a senate. -Abbr. S.B.
spending bill. See appropriations bill.
4. An enacted statute <the GI Bill>. 5. An itemized list
of charges; an invoice <hospital bill>. See FEE STATE
MENT.
bill of parcels. 1. A seller's itemized list of goods and
prices. intended to assist a buyer in detecting any
mistakes or omissions in a shipment of goods. 2.
INVOICE.
bill payable. See account payable under ACCOUNT.
bill receivable. See account receivable under ACCOUNT.
bill rendered. See account rendered under ACCOUNT.
6. A bill of exchange; a draft <the bank would not
honor the unsigned bill>. See DRAFT (1). [Cases: Bills
and Notes P 1.)
advance bill. A bill of exchange drawn before the
shipment of the goods.
banker's bill. See finance bill.
blank bill. A bill with the payee's name left blank. Cf.
DRAFT (1).
domestic bill. 1. A bill of exchange that is payable in the
state or country where it is drawn. [Cases: Bills and
Notes 128.] 2. A bill on which both the drawer
and drawee reside within the same state or country. -
Also termed (in sense 2) inland bill of exchange. Cf.
foreign bill. [Cases: Bills and NotesP13.]
finance bill. A bill of exchange drawn by a bank in one
country on a bank in another country to raise short
term credit.  Finance bills are often issued in tight
money periods, and usu. have maturity dates of more
than 60 days. Also termed banker's bill; working
capital acceptance.
foreign bill. A bill of exchange drawn in one state or
country and payable in another. Cf. domestic bill.
[Cases: Bills and Notes P 13, 128. J
inland bill of exchange. See domestic bill (2).
investment bill. A bill


13, 128. J
inland bill of exchange. See domestic bill (2).
investment bill. A bill of exchange purchased at a
discount and intended to be held to maturity as an
investment. bill broker
7. A formal document or note; an instrument <bill of
sale>.
"The expression 'bill of sale' includes bills of sale, assign
ments. transfers, declarations of trust without transfer,
inventories of goods with receipts thereto attached, or
receipts for purchase-monies of goods, and other assur
ances of personal chattels, and also powers of attorney,
authorities, or licences to take possession of personal
chattels as security for any debt, and also any agreement,
whether intended or not to be followed by the execution
of any other instrument, by which a right in equity to any
personal chattels, or to any charge or security thereon,
shall be conferred .... " Joshua Williams, Principles of the
Law of Personal Property 60 (11th ed. 1881) (tracking the
definition in the [U.K.] Bills of Sale Act of 1878).
"A transfer may be either an absolute assignment by way
of gift or sale, or an assignment by way of mortgage or
security only; but in either case when a written document
of any sort is used to effect the transfer, the document is
called technically a 'bill of sale.''' Arthur Weldon & H. Gibson
Rivington, Gibson's Conveyancing 302 (14th ed. 1933).
bill obligatory. A written promise to pay; a promissory
note under seal. -Also termed single bond. See NOTE
(1). [Cases: Bills and Notes (;:::::>41.]
bill of debt. A debt instrument, such as a bill obligatory
or promissory note. [Cases: Bills and Notes P2S.]
bill of lading. See BILL OF LADING.
bill penal. A written promise to pay that carries a
penalty in excess of the underlying debt for failure
to pay. Cf. bill single.
bill single. A written promise to pay that is not under
seal and has no penalty for failure to pay. Also
termed Single bill. Cf. bill penal.
grand bill of sale. 1. Hist. An instrument used to
transfer title to a ship that is at sea. 2. An instrument
used to transfer title of a ship from the builder to the
first purchaser.
single bill. See bill single.
skeleton bill. A bill drawn, indorsed, or accepted in
blank.
8. A piece of paper money <a $10 bill>. 9. A promissory
note <the debtor Signed a bill for $7,000>. [Cases: Bills
and Notes (;:::::>28.)
billable hour. (196S) A unit of time used by an attorney,
law clerk, or paralegal to account for work performed
and chargeable to adient.  Billable hours are usu.
divided into quarters or tenths of an hour. [Cases:
Attorney and Client C:> 140.]
billable time. (1966) An attorney's, law clerk's, or para
legal's time that is chargeable to a client. Cf. NONBILL
ABLE TIME. [Cases: Attorney and Client P 140.J
billa cassetur (bil-a kd-see-tar). See CASSETUR BILLA.
billa excambii (bil-a eks-kam-bee-l). [Latin] See BILL
OF EXCHANGE.
billa exonerationis (bit-a ig-zon-a-ray-shee-oh-nis).
[LatinJ See BILL OF LADING.
billa vera (bil-d veer-d). [Latin) See TRUE BILL.
bill broker. A middleman who negotiates the purchase
or sale of commercial paper.

Bill Chamber. Hist. Scots law. A division of the Court
of Session in which some remedies could be granted.
-The Lord Ordinary on the Bills presided over the
court. It was abolished in 1933 and merged into the
Court of Session.
billeta (bil-;:J-t;:J). Rist. A proposed statute or petition pre
sented in Parliament.
billhead. A printed invoice containing a business's name
and address.
bill in aid of execution. See BILL (2).
bill in equity. See BILL (2).
billing cy~le. The period between billings for goods sold
or services rendered.
bill in perpetuam rei memoriam. See bill to perpetuate
testimony under BILL (2).
bill number. The number assigned to a proposed piece of
legislation, typically designating the house in which it
was introduced (S for senate or HR for house of repre
sentatives) followed by a sequential number.
bill of adventure. Maritime law. A shipper's written
statement that the shipped property belongs to another
and is conveyed at the owner's risk.
bill of attainder. (l7c) 1. Archaic. A special legislative
act that imposes a death sentence on a person without
a trial. 2. A special legislative act prescribing punish
ment, without a trial, for a specific person or group. _
Bills of attainder are prohibited by the U.S. Constitu
tion (art.!'  9, c1. 3; art. I,  10, cl. 1). Also termed
act of attainder. See ATTAINDER; BILL OF PAINS AND
PENALTIES. [Cases: Constitutional Law ~ 1095.]
bill of credit. 1. Legal tender in the form of paper, issued
by a state and involving the faith of the state, designed
to circulate as money in the ordinary uses ofbusiness.
U.S. Const. art. I,  10. [Cases: States (;::::::-145.] 2. LETTER
OF CREDIT.
bill of debt. See BILL (7).
bill of entry. Maritime law. A written description of
goods filed by an importer with customs officials to
obtain permission to unload a ship's goods.
bill of exchange. See DRAFT (1).
bill of health. Maritime law. A statement certifying the
healthy condition of a ship's cargo and crew. -The
bill is issued by the port authority from which a vessel
sails and is shown to the port authority at the ship's
destination as proof that the ship's cargo and crew
are disease-free. A "clean" bill states that no conta
gious or infectious diseases were present at the port; a
"touched" or "foul" bill states that the named disease
was suspected, anticipated, or actually present. [Cases:
Shipping
bill of indemnity. 1. Hist. An act of Parliament passed
annually to protect officeholders who unwittingly fail
to take a required oath from liability for acts done in an
official capacity. - A more general statute, the Promis
sory Oaths Act, replaced the bill of indemnity in 1868.
2. A law protecting a public official from liability for official acts. [Cases: Officers and Public Employees
114.] 3. An initial pleading by which a plaintiff seeks to
require another (often an insurance company) to dis
charge the plaintiff's liability to a third person.
bill of indictment. (16c) An instrument presented to
a grand jury and used by the jury to declare whether
there is enough evidence to formally charge the accused
with a crime. See INDICTMENT; NO BILL; TRUE BILL.
bill of information. 1. INFORMATION. 2. Rist. A civil suit
begun by the Crown or by those under its protection,
such as a charity.
bill of interpleader. See BILL (2).
bill oflading (layd-ing). (l6c) A document acknowledg
ing the receipt of goods by a carrier or by the shipper's
agent and the contract for the transportation of those
goods; a document that indicates the receipt of goods
for shipment and that is issued by a person engaged in
the business of transporting or forwarding goods. UCC
 1-201(6). - A negotiable bill oflading is a document
of title. -Abbr. B/L. -Cf. WAYBILL; AIRBILL. [Cases:
Carriers Shipping C:=', 106.]
"A bill of lading may be regarded in three several aspects.
(l) It is a receipt given by the master of a ship acknowledg
ing that the goods specified in the bill have been put on
board; (2) it is the document [that] contains the terms ofthe
contract for the carriage of the goods agreed upon between
the shipper of the goods and the shipowner (whose agent
the master of the ship is); and (3) it is a 'document of title'
to the goods, of which it is the symbol. It is by means of
this document of title that the goods themselves may be
dealt with by the owner of them while they are still on
board ship and upon the high seas." William R. Anson,
Principles of the Law of Contract 380 (Arthur L. Corbin ed .
3d Am. ed. 1919).
bearer bill of lading. A negotiable bill oflading that
authorizes the carrier or holder of freight to deliver
it to the bearer.
claused bill of lading. See unclean bill o.flading.
clean bill of lading. A bill oflading containing no clause
or notation qualifying the bill's terms. -Possible
clauses or notations could include a provision for deck
storage or a recording of cargo damage. Cf. unclean
bill of lading. [Cases: Carriers ~52(2).1
destination bill of lading. A bill procured to be issued
at the destination point or any other place than the
place of shipment. UCC  7-305. [Cases: ShippingC:::,
106(3).]
foul bill of lading. See unclean bill of lading.
long-form bill of lading. A bill oflading that expressly
contains all the terms of the transportation contract.
Cf. short-form bill of lading.
negotiable bill of lading. A bill oflading calling for the
delivery of goods to the bearer or to a named person's
order. UCC  7-104. [Cases: Carriers ~54; Shipping
~106(5).1
nonnegotiable bill of lading. See straight bill of
lading.

189
ocean bill of lading. A negotiable bill oflading used in
shipment by water. -Often shortened to ocean bill.
[Cases: Shipping (:::::c 106.J
onboard bill of lading. A bill oflading reflecting that
goods have been loaded onto a ship . In multimodal
shipments, an on board bill of lading may include
goods loaded onto land vehicles also. Often short
ened to onboard bill.
order bill of lading. A negotiable bill oflading stating
that the goods are consigned to the order of the person
named in the bilL [Cases: Carriers 054.J
overseas bill of lading. A bill oflading used for overseas
shipment by water or air. UCC  2-323 . In air freight,
an overseas bill of lading is called an air waybill.
Often shortened to overseas bill. [Cases: Shipping C=~
106(1).J
short-form bill of lading. A bill of lading that does
not expressly contain all the terms of the transporta
tion contract, but incorporates them by reference to
another document, usu. one at the office of the carrier.
[Cases: Shipping (:::::c 140.J
spent bill of lading. A negotiable bill of lading that
is not produced, canceled, or surrendered after the
carrier has delivered the goods. -Often shortened
to spent bill.
straight bill of lading. A nonnegotiable bill of lading
that specifies a consignee to whom the carrier is con
tractually obligated to deliver the goods . In some
countries, including England, a document is not a bill
oflading unless it is negotiable. -Also termed non
negotiable bill of lading. [Cases: Carriers <)::;;51.]
through bill of lading. A bill oflading by which a carrier
agrees to transport goods to a designated destination,
even though the carrier will have to use a connecting
carrier for part of the passage. UCC  7-302. Often
shortened to through bill. [Cases: Carriers (;::::051.J
unclean bill of lading. A bill oflading that shows on its
face that the goods were damaged or that there was
a shortage of goods at the time of shipment. -Also
termed claused bill oflading;foul bill of lading. Cf.
clean bill of lading.
bill of Middlesex. Hist. A process by which the Court
of the King's Bench in Middlesex obtains jurisdiction
over a defendant who resides in a county outside the
Court's jurisdiction, by alleging a fictitious trespass in
a county over which the court has jurisdiction . Once
the sheriff returns the bill noting that the defendant is
not in the county where the trespass occurred, a latitat
is issued to the sheriff of the defendant's actual resi
dence. See LATITAT.
"The bill of Middlesex is a kind of capias, directed to the
sheriff of that county, and commanding him to take the
defendant, and have him before our lord the king at West
minster on a day prefixed, to answer to the plaintiff of
a plea of trespass. For this accusation of trespass it is,
that gives the court of king's bench jurisdiction in other
civil causes, as was formerly observed; since when once
the defendant is taken into custody ... , he, being then
a prISoner of this court, may here be prosecuted for any bill of sight
other species of injury." 3 William Blackstone, Commentar
ies on the Laws of England 285 (1768).
bill of mortality. Hist. A record of the number of deaths
occurring in a given district.  Bills of mortality were
compiled -often week to week in England from
late in the 16th century to the 19th century as a way to
keep track of the plague and other highly contagious
diseases.
bill of pains and penalties. (ISc) A legislative act that,
though similar to a bill of attainder, prescribes pun
ishment less severe than capital punishment.  Bills of
pains and penalties are included within