DeMayo Law Offices have provided you with a legal dictionary so that you can better understand some of the legal vocabulary used throughout our website and during your personal injury claim.
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Bad Faith – Intention to mislead or deceive; conscious refusal to fulfill some duty. Implies active ill will, as opposed to negligence. Bad faith is not bad judgment; it requires conscious wrongdoing.
Battery – The unlawful use of force resulting in the injury of another. Battery always includes assault. See assault.
Best Evidence – The most direct evidence possible, such as producing an original document to prove that the document exists and what it states. A copy of a document or testimony by a witness would be “secondary evidence.” The best evidence rule prohibits the introduction of secondary evidence unless best evidence cannot be obtained, so long as the party seeking to introduce the secondary evidence is not at fault in making the best evidence incapable of being obtained.
Binding Authority – Law that controls the outcome of a case. For example, a decision on the same point of law by a higher court in the same state must be followed by a lower court in that state. See precedent.
Breach of Warranty – The failure or violation of a warranty, written, expressed, or implied, due to a defect in a product.
Brief – Written document, usually prepared by an attorney, submitted to the court about a case, containing summaries of the facts of the case, relevant laws, and an argument showing how the laws support that party’s position.