Wrongful Death Legal Glossary B

BAC: Blood alcohol content. In most states, alcohol level may be determined by reference to breathe alcohol level as well, without having to convert to blood alcohol level.

Bad Faith: Dishonesty or fraud in a transaction, such as entering into an agreement with no intention of ever living up to its terms or knowingly misrepresenting the quality of something that is being bought or sold.

BAL: Breath alcohol level or blood alcohol level. Today, many states will allow the prosecutor to try to prove the defendant’s guilt by direct reference to the breath alcohol level, rather than having to convert the breath alcohol level to blood alcohol level.

Bench Trial: Also called court trial. A trial held before a judge and without a jury.

Bifurcation: Splitting a trial into two parts: a liability phase and a penalty phase. In some cases, a new jury may be impaneled to deliberate for the penalty phase.

Blood Alcohol Content/Level (BAC): The amount of alcohol in your bloodstream. The legal limit is .08% in Massachusetts and most states. For someone under 21, the legal limit is .02%.

Bodily Injury Liability: A legal liability that may arise as a result of the injury or death of another person.

Bond: A document with which one party promises to pay another within a specified amount of time. Bonds are used for many things, including borrowing money or guaranteeing payment of money.

Breach of Warranty: Takes place when a seller fails to uphold a claim or promise about a product. The law expects companies to stand by their assertions and fulfill any obligations made to customers.

Brief: A written document that outlines a party’s legal arguments in a case.

Burden of Proof: The duty of a party in a lawsuit to persuade the judge or the jury that enough facts exist to prove the allegations of the case. Different levels of proof are required depending on the type of case.

Business Liability: The term used to describe the liability coverages provided by the Business owners Liability Coverage Form. It includes liability for bodily injury, death, property damage, personal injury, advertising injury, and fire damage.