12 February, 2016

Glossary of Common Legal Terms (B)

Bankruptcy
A person who is unable to pay his debts can be declared bankrupt by the Court. All his assets are then taken over by the court for distribution to his creditors. Bar A collective noun indicating a body of lawyers.

Bench
The composition of judges sitting to hear a matter in court. In the High Court, judges can sit singly, in division benches of two judges or in full benches of three or more judges. In the Supreme Court, the vacation judge or judge in chambers may sit singly; division benches comprise two or three judges; constitution benches five or more judges. The largest bench constituted in the Supreme Court has been of thirteen judges for the Kesavananda Bharati case in 1973. One or more judges in a case may give judgement, but it is the majority opinion that is the judgement of the Court. A smaller bench is bound by the judgement of a larger bench; the judgement of a bench can only be overruled by the judgement of a larger bench. See judgement.

Bequeath
To dispose of personal property by Will.

Bona vacantia
Goods that do not have an owner. Generally they go to the finder.

Brief

A bunch of papers, in the form of a paperbook, relating to a case. A brief is compiled by an advocate, filed in the Court and used during hearings.

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