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Bates-stamp To affix a mark, usu. a number, to a document or to the individual pages of a document for the purpose of identifying and distinguishing it in a series of documents <the paralegal is Bates-stamping the records described in the request for discovery>. Sometimes (erroneously) written Bate-stamp.

Bates-stamp number The identifying number that is affixed to a document or to the individual pages of a document. The term gets its name from a self-advanc-ing stamp machine made by the Bates Manufacturing Company.lhe number is typically used to identify doc-uments produced during discovery. - Often shortened to Bates number; Bates stamp. Bates-stamp number. The identifying number that is affixed to a document or to the individual pages of a document. o The term gets its name from a self-advanc-ing stamp machine made by the Bates Manufacturing Company.lhe number is typically used to identify doc-uments produced during discovery. - Often shortened to Bates number; Bates stamp.

bathtub conspiracy See intra-enterprise conspiracy under CONSPIRACY.

bathtub conspiracy- See intra-enterprise conspiracy.

Batson challenge See CHALLENGE (1).

Batson challenge- An objection that an opposing party has used a peremptory challenge to exclude a potential juror on the basis of race, ethnicity, or sex.o It is named for Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712 (1986), a criminal case in which the prosecution struck potential jurors on the basis of race. The principle ofBatson was extended in later Supreme Court cases to civil litigants (Edmonson v. Leesville Concrete Co., 500 U.S. 614, III S.Ct. 2077 (1991)) and to criminal defense attorneys (Georgia v. McCollum, 505 U.S. 42, 112 S.ct. 2348 (1992)). The Court also applied it to peremptory challenges based on a juror's sex (J.E.B. v. Alabama, 511 U.S. 127, 114 S.Ct. 1419 (1994)). See Fed. R. Civ. P. 47(b).

battered child See CHILD.

battered child, A child upon whom physical or sexual abuse has been inflicted, usu. by a relative, caregiver, or close family friend. See child abuse under ABUSE; domestic violence under VIOLENCE; BATTERED-CHILD SYNDROME.

battered woman A woman who is the victim of domestic violence; a woman who has sufFered physical, emotional, or sexual abuse at the hands of a spouse or partner. See domestic violence under VIOLENCE.

battered-child syndrome A con-stellation of medical and psychological conditions of a child who has suffered continuing injuries that could not be accidental and are therefore presumed to have been inflicted by someone close to the child, usu. a caregiver . Diagnosis typically results from a radiological finding of distinct bone trauma and per-sistent tissue damage caused by intentional injury, such as twisting or hitting with violence. The phrase was first used by Dr. Henry Kempe and his colleagues in a 1962 article entitled "The Battered Child Syndrome," which appeared in the Journal of the American Medical Association. As a result of research on battered-child syndrome, the Children's Bureau of the United States Department of Health, Education, and Welfare drafted a model statute requiring physicians to report serious cases of suspected child abuse. See CHILD-ABUSE AND -NEGLECT REPORTING STATUTE.

battered-person syndrome See BATTERED-WOMAN SYNDROME.

battered-spouse syndrome See BATTERED-WOMAN SYNDROME.

battered-wife syndrome See BATTERED-WOMAN SYNDROME.

battered-woman syndrome A con-stellation of medical and psychological conditions of a woman who has suffered phYSical, sexual, or emotional abuse at the hands of a spouse or partner. Battered-woman syndrome was first described in the early 1970s by Dr. Lenore Walker. It consists of a three-stage cycle of violence: (1) the tension-building stage, which may include verbal and mild physical abuse; (2) the acute battering stage, which includes stronger verbal abuse, increased physical violence, and perhaps rape or other sexual abuse; and (3) the loving-contrition stage, which includes the abuser's apologies, attentiveness, kindness, and gift-giving. This syndrome is sometimes proposed as a defense to justify or mitigate a woman's killing of a man. Sometimes (more specif) termed battered-wife syndrome; (more broadly) battered-spouse syndrome; (broadly) battered-person syndrome.

battery 1. Criminal law. The use of force against another, resulting in harmful or offensive contact. -Also termed criminal battery. [Cases: Assault and Battery "Criminal battery, sometimes defined briefly as the unlawful application offorce to the person of another, may be divided into its three basic elements: (1) the defendant's conduct (act or omission); (2) his 'mental state,' which may be an intent to kill or injure, or criminal negligence, or perhaps the doing of an unlawful act; and (3) the harmful result to the victim, which may be either a bodily injury or an offensive touching." Wayne R. LaFave & Austin W. Scott Jr., Criminal Law § 7.15, at 685 (2d ed. 1986).

battle of the forms The conflict between the terms of standard forms exchanged between a buyer and a seller during contract negotiations .In its original version, UCC § 2-207 attempted to resolve battles of the forms by abandoning the common-law requirement of mirror-image acceptance and provid-ing that a definite expression of acceptance may create a contract for the sale of goods even though it contains different or additional terms. - Also termed UCC battle oftheforms. See MIRROR-IMAGE RULE. "The rules of offer and acceptance are difficult to apply in certain circumstances known as the 'battle of the forms' where parties want to enter into a contract, but jockey for position in an attempt to use the rules of law so as to ensure that the contract is on terms of their choosing." P.S. Atiyah, An Introduction to the Law of Contract 54 (3d ed. 1981).

batture (ba-tyoor or ba-toor). [French] Soil, stone, or other material that builds under water and mayor may not break the surface . If batture builds against a bank and breaks the surface, it becomes alluvion. See ALLUVION (2).

Baumes Law A statute that provides for stricter criminal prosecution and penalties up to life imprisonment for an offender who has four convictions for felonies or certain misdemeanors . The first Baumes Law, named for New York state Senator Caleb H. Baumes, was passed by the New York legislature in 1926. Cf. THREE-STRIKES LAW.

bawd A person, usu. a woman, who solicits customers for a prostitute; a madam. See DISORDERLY HOUSE (2). Cf. PIMP.

bawdy house See DISORDERLY HOUSE (2).

bawdy house- See DISORDERLY HOUSE (2).

bay An inlet of the sea, over which the coastal country exercises jurisdiction to enforce its environ-mental,immigration, and customs laws.

Bayh-Dole Act A federal statute that permits the U.S. Government to take title to or require licensing of nongovernmental inventions made by small busi-nesses and nonprofit organizations while participat-ing in federally funded programs .o Under the Act, an entity funded by the federal government must timely disclose any invention made in the course of a federally funded program. The entity may elect to retain title and to file and prosecute a patent application covering the invention. If the entity retains title to the invention, the government may still "march in" to force the entity to grant exclusive or nonexclusive licenses in appro-priate circumstances. The Act is codified in 35 USCA §§ 200-212. Also termed Patent and Trademark Law Amendments Act. See MARCH-IN RIGHTS.

bca See business-continuation agreement under AGREEMENT.

bcd See bad-conduct discharge under DISCHARGE (8).

bcd special court-martial See COURT-MARTIAL.

bcd special court-martial- A special court-martial in which a possible punishment is a bad-conduct discharge (a "BCD").

bcla BERNE CONVENTION IMPLEMENTATION ACT.

be at the horn See PUT TO THE HORN.

bea BUREAU OF ECONOMIC ANALYSIS.

beadle (beed-al). 1. Hist. A court crier with duties similar to those of a constable. See NUNTIUS (3). 2. Hist. Eccles. law. A minor parish officer who serves the vestry's needs in various ways, including giving notice of the vestry's meetings, executing its orders, and attending its inquests. 3. A macebearer at Oxford University or Cambridge University. Also spelled bedel.

beak A magistrate or justice of the peace.

bear 1. To support or carry <bear a heavy load>. 2. To produce as yield <bear interest>. 3. To give as testi-mony <bear witness>.

bear drive See BEAR RAID.

bear hug A (usu. hostile) takeover strategy in which the acquiring entity offers the target firm a price per share that is Significantly higher than market value, intending to squeeze the target into accepting.

bear market See MARKET.

bear raid High-volume stock selling by a large trader in an effort to drive down a stock price in a short time . Bear raids are prohibited by federal law. - Also termed bear drive.

bearer One who possesses a negotiable instru-ment marked "payable to bearer" or indorsed in blank.

bearer bill of lading See BILL OF LADING.

bearer bill of lading- A negotiable bill oflading that authorizes the carrier or holder of freight to deliver it to the bearer.

bearer bond See BOND (3).

bearer bond- A bond payable to the person holding it. The transfer of possession transfers the bond's ownership. Cf. registered bond.

bearer document See bearer paper under PAPER.

bearer instrument See bearer paper under PAPER.

bearer paper See PAPER.

bearer paper An instrument payable to the person who holds it rather than to the order of a specific person. Bearer paper is negotiated simply by delivering the instrument to a transferee. Also termed bearer document; bearer instrument.

bearer security An unregistered security payable to the holder. Cf. bearer bond under BOND (3).

bearer security See SECURITY.

beat 1. A law-enforcement officer's patrol territory. 2. A colloquial term for the principal county subdivision in some southern states, such as Alabama, Mississippi, and South Carolina. 3. A voting precinct.

beaupleader (boh-plee-dar). [Law French "fair pleading"] Hist. 1. A fine imposed for bad or unfair pleading. 2. A writ of prohibition that prevented a sheriff from taking a fine for bad pleading .o 1he Statute of Marlbridge (1267) prohibited the taking of fines for this type of pleading. See PROHIBITION (2).

beauty contest A meeting at which a major client interviews two or more law firms to decide which firm to hire.

bederepre See BEDRIP.

bedrip A copyhold tenant's service of reaping the landlord's grain. Also spelled bederepre; biderepe.

before first action After the filing of a patent application but before the mailing of any office action by the U.S. Patent and Trademark Office examiner . For example, an applicant typically files an information disclosure statement before first action, and often files preliminary amendments as well.

before the fact In advance of an event oflegal significance.

before-and-after theory A method of deter-mining damages tor lost profits (and sometimes over-charges), whereby the plaintiff'sprofits are examined before, during, and after the violation to estimate the reduction in profits due to the defendant's violation. Also termed before-and-after method. Cf. YARDSTICK THEORY; MARKET-SHARE THEORY (1). "In its simplest form. the [before-and-after] theory looks at the plaintiff's net profits before and after the injury period, discounts all dollars to their present value, and gives the plaintiff a sum that, before trebling, will bring its earnings during the injury period up to the same average level as its earnings during the noninjury periods." Herbert Hovenkamp, Economics and Federal Antitrust Law § 16.7, at 450 (1985).

beg 1. To request earnestly; to beseech. 2. Hist. To request to be appointed as guardian for (a person). 3. Hist. To request that someone be appointed as guardian for. 4. To ask for charity, esp. habitually or pitiably. beg, vb. 1. To request earnestly; to beseech. 2. Hist. To request to be appointed as guardian for (a person). 3. Hist. To request that someone be appointed as guardian for. 4. To ask for charity, esp. habitually or pitiably.

beggar A person who communicates with people, often in public places, asking for money, food, or other necessities for personal use, often as a habitual means of making a living.

beggar-thy-neighbor policy A government's protec-tionist course of action taken to discourage imports by raising tariffs and instituting nontariffbarriers, usu. to reduce domestic unemployment and increase domestic output. This term is sometimes applied to competitive currency devaluation.

behavioral science The body of disciplines (psychology, sociology, anthropology) that study human behavior.

behoof Archaic. A use, profit, or advantage that is part of a convevance <to his use and behoof >. behoove, vb. '

beige book The popular name of the Federal Reserve's Summary of Commentary on Current Economic Conditions by Federal Reserve District, a publication that summarizes the economic conditions in each of the 12 Federal Reserve Bank regions . Each Federal Reserve Bank gathers information from reports submitted by bank and branch directors; through interviews with economists, market experts, and key business contacts; and from other sources. The beige book is published eight times each year.

Bekanntmachung im Patentblatt [German] Patents. The date on which a Gebrauchsmuster (German petty patent) is published and made available to the public.

belief A state of mind that regards the existence of something as likely or relatively certain.

belief-action distinction Constitutional law. In First Amendment law, the Supreme Court's distinc-tion between allowing a person to follow any chosen belief and allowing the state to intervene if necessary to protect others from the practices of that belief.

belief-cluster In critical legal studies, a group of uncon-nected ideas or opinions that appear to be related when considered together in reference to a specific subject, such as racism, sexism, or religious intolerance.

believe 1. To feel certain about the truth of; to accept as true. Cf. SUSPECT, vb.

belligerency 1.The status assumed by a nation that wages war against another nation. 2. The quality of being bel-ligerent; the act or state of waging war.

belligerent A country involved in a war or other armed international conflict. Cf. NEUTRAL (1). bel-ligerent, adj.

bellum (bel-am). [Latin] See WAR (1).

bellum inter duos (bel-am in-tar d[yjoo-ahs). [Law Latin] Hist. War between two persons; a duel.

bellum justum (bel-am jas-tam). [Latinj Int'llaw. A just war; one that the proponent considers morally and legally justifiable, such as a war against an aggressive, totalitarian regime. - Under Roman law, before war could be declared, the fetiales (a group of priests who monitored international treaties) had to certify to the Senate that just cause for war existed. With the adoption of the U.N. Charter, the bellum justum concept has lost its legal significance. The Charter outlaws the use of force except in self-defense. U.N. Charter arts. 2(4), 51 (59 Stat. 1031). - Also termed just war; justifiable war.

bellwether stock See barometer stock under STOCK.

belong 1. To be the property of a person or thing <this book belongs to the judge>. See OWNERSHIP. 2. To be connected with as a member <they belong to the state bar>.

belongings 1. Personal property; EFFECTS. See personal property under PROPERTY. 2. All property, including realty.

below 1. Beneath; under; underneath. 2. (Of a lower court) having heard or having the power to hear the case at issue in the first instance <court below>; at a lower level <the motion was heard below>. Cf. ABOVE.

below-market loan See interest-free loan under LOAN.

below-the-line (Of a deduction) taken after calculating adjusted gross income and before calcu-lating taxable income Examples of below-the-line deductions are medical payments and local taxes. Cf. ABOVE-THE-LINE.

ben avon doctrine The principle that due process entitles public utilities to judicial review of rates set by public-service commissions. Ohio Valley Water Co. v. Ben Avon Borough, 253 U.S. 287,40 S.Ct. 527 (1920). [

bench 1. The raised area occupied by the judge in a courtroom <approach the bench>. 2. The court consid-ered in its official capacity <remarks from the bench>. 3. Judges collectively <bench and bar>. 4. The judges of a particular court <the Fifth Circuit bench>.

bench blotter See ARREST RECORD (2).

bench brief See BRIEF.

bench brief, An advocate's short brief, prepared for use by panelists in a moot-court competition or mock oral argument . The brief summarizes the facts, law, and arguments for both sides on the issues. "Bench briefs are superior to the appellate briefs in some cases, because people are more likely to read them. The bench brief should be more neutral than the briefs actually filed in the real proceeding, which will help your mock judges prepare questions to ask. By providing the mock·judges with these bench briefs, it is easier for them to become prepared, it is far less burdensome on the judges and therefore easier to get them to agree to help and you improve the quality of your presentation." Ronald J. Rychlak, Effective Appellate AdVOcacy: Tips from the Teams, 66 Miss. L.J. 527, 543 (1997).

bench conference See SIDEBAR CONFERENCE (1).

bench docket See DOCKET (1).

bench legislation See JCDGE-MADE LAW (2).

bench memo 1. A short brief submitted by a lawyer to a trial judge, often at the judge's request. 2. A legal memorandum prepared by an appellate judge's law clerk to help the judge in preparing for oral argument and perhaps in drafting an opinion .o A trial-court judge may similarly assign a bench memo to a law clerk, for use in preparing for hearing or trial or in drafting an opinion. 3. A memo that summarizes the facts and issues in a case, usu. prepared for a judge by a law clerk.

bench parole See bench probation under PROBATION.

bench parole See bench probation under PROBATION. juvenile parole. The conditional release of a juvenile offender from confinement. Also termed aftercare.

bench probation Probation in which the offender agrees to certain conditions or restrictions and reports only to the sentencing judge rather than a probation officer. -Also termed bench parole; court probation.

bench probation See PROBATION.

bench ruling An oral ruling issued by a judge from the benc

bench trial See TRIAL.

bench warrant See WARRANT (1).

bencher A governing officer of an English Inn of Court; one of the Masters of the Bench. See INN OF COURT (1).

benchmark 1. Property. A mark made on a permanent object by a surveyor to serve as a uniform reference point in making topographic surveys and tidal obser-vations. Formerly also written bench mark. 2. A standard unit used as a basis for comparison.

bene factum (ben-ay fak-tam). See BONUM FACTUM.

benefice (ben-a-fis). 1. A feudal estate in land, held during the life of the tenant. See BENEFICIUM (4). "[T]he vassal no longer owns the land, but 'holds' it 'of' the lord - the vassal has become a 'tenant' (from the Latin, 'tenere', to hold). The vassal's interest in the land so held, first called a 'benefice', is now a 'feudum', anglicised in modern law as 'fee.'" Peter Butt, Land Law 52 (3d ed. 1996). 2. Hist. Eccles. law. An estate held by the Catholic Church in feudal tenure. See BENEFICIUM (1), (2). 3. An ecclesiastical office such as a bishopric or parish; a preferment. 4. BENEFICIUM (3).

benefice- (bay-nay-fees). [French "benefit"] French law. A benefit or advantage; esp., a privilege given by law rather than by agreement of the parties.

benefice de discussion [French] BENEFIT OF DISCUSSION.