criminal law and procedure

booking

Booking is the process where information about a criminal suspect is entered into the system of a police station or jail after that person’s arrest. Exact procedures may vary amongst jurisdictions, but most share similar features. Generally,...

Brady rule

The Brady rule, named after Brady v. Maryland, requires prosecutors to disclose material, exculpatory information in the government's possession to the defense. Brady material, or the evidence the prosecutor is required to disclose under this...

breach

A breach is a violation of law or when a party fails to perform their part of a contractual agreement. For more information, see breach of contract.

[Last updated in June of 2022 by the Wex Definitions Team]

breaking and entering

Breaking and entering is defined as the entering of a building through force without authorization. The slightest force including pushing open a door is all that is necessary. Breaking also includes entering a building through fraud, threats...

breathalyzer

A breathalyzer is the device used by law enforcement authorities to determine the amount of alcohol in a driver’s system through a breath sample.

[Last updated in April of 2022 by the Wex Definitions Team]

bribery

Bribery is defined generally as corrupt solicitation, acceptance, or transfer of value in exchange for official action.

Overview:

Bribery refers to the offering, giving, soliciting, or receiving of any item of value as a...

bright-line rule

A bright-line rule is an objective rule that resolves legal questions in a straightforward, predictable manner. Because bright-line rules determine outcome entirely based on objective factors, they best allow parties to conduct their affairs...

burden

A burden is a generic term referring to a restriction on a use or activity. Often, the term arises in property law. For instance, real property may carry an intangible burden in the form of covenants or easements. These burdens generally...

burden of persuasion

The burden of persuasion is the requisite degree of belief a party must convince a jury that a particular proposition of fact is true. Combined with the burden of production, the burden of persuasion makes up one half of the burden of proof...

burden of proof

Generally, burden of proof describes the standard that a party seeking to prove a fact in court must satisfy to have that fact legally established. There are different standards for different circumstances.

For example, in...

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