Legal Terms

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B

BAILIFF - the law enforcement office (usually a marshal or sheriff) that is present in the courtroom that is charged with   maintaining order in the courtroom and protecting the judicial officer at all costs.  He or she can be recognized by his or her uniform, badge, and the gun he or she will be wearing.

BANKRUPTCY - a legal proceeding in which a person who is financially insolvent requests the federal bankruptcy court to determine his or her debts and use his or her assets to pay those debts. Property in bankruptcy usually is administered for the benefit of the bankrupt person's creditors. Some forms of bankruptcy seek to discharge all debt if there are no assets to distribute to the creditors. Child support, spousal support and some other obligations related to dissolution cannot be discharged by bankruptcy.

 

BENCH WARRANT - an order issued by a court for the arrest of a person who has failed to appear in court as ordered or for a witness who has failed to appear in response to a subpoena.

 

BEST INTEREST OF THE CHILD - a discretionary legal standard that pertains to support, visitation and custody.  This is subjective and will differ from one judicial officer to the next.

 

BIGAMY - a criminal offense committed when one spouse enters a marriage when the previous marriage has not been terminated.  This will entitle the innocent spouse to an annulment because there is no valid marriage.  People are rarely prosecuted for this offense.

 

BLOOD TEST - the process by which blood is drawn from a child and its parents and tested to determine biological parentage. It involves genetic HLA and DNA testing.  This must be requested prior to the time a child is age 2 in California if you are married when the child is conceived.  There are certain restrictions connected with blood test requests which must be carefully analyzed prior to making such a request.

 

BONA FIDE -  truthfully, honestly and without deceit.

 

BRIEF - a document presented to the court outlining one side's position.

 

BURDEN OF PROOF the amount of evidence required to be proven to the court on any given issue.  There are three different burdens depending on the issues.

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