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bill of mortality A record of the number of deaths occurring in a given district. Bills of mortality were compiled - often week to week in England from late in the 16th century to the 19th century as a way to keep track of the plague and other highly contagious diseases.

bill of pains and penalties A legislative act that, though similar to a bill of attainder, prescribes pun-ishment less severe than capital punishment. Bills of pains and penalties are included within the U.S. Con-stitution's ban on bills of attainder. U.S. Const. art I, § 9.

bill of parcels 1. A seller's itemized list of goods and prices. intended to assist a buyer in detecting any mistakes or omissions in a shipment of goods. 2. INVOICE.

bill of parcels- See BILL (5).

bill of particulars A formal, detailed statement of the claims or charges brought by a plaintiff or a pros-ecutor, usu. filed in response to the defendant's request for a more specific complaint .o The bill of particulars has been abolished in federal civil actions and replaced by the motion for a more definite statement. See Fed. R. Civ. P. 12(e). But it is still used in some states (such as California) and in federal criminal cases. See Fed. R. Crim. P. 7(f). Also termed statement of particulars. See MOTION FOR MORE DEFINITE STATEMENT. "Although it has been said that the bill of particulars is not a discovery device, it seems plain that it is a means of discovery, though of a limited nature. It is the one method open to a defendant in a criminal case to secure the details ofthe charge against him." 1 Charles Alan Wright, Federal Practice and Procedure § 129. at 646-47 (3d ed. 1999).

bill of peace An equitable bill filed by one who is threatened with multiple suits involVing the same right, or with recurrent suits on the same right, asking the court to determine the question once and for all, and to enjoin the plaintiffs from proceeding with the threatened litigation. - One situation involves many persons having a common claim but threatening to bring separate suits; another involves one person bringing a second action on the same claim.By a bill of peace we are to understand a bill brought by a person to establish and perpetuate a right which he claims, and which, from its nature, may be controverted by differ· ent persons, at different times, and by different actions; or, where separate attempts have already been unsuccessfully made to overthrow the same right, and justice requires that the party should be quieted in the right, if it is already sufficiently established; or if it should be sufficiently estab-lished under the direction of the court. The obvious design of such a bill is to procure repose from perpetual litigation, and therefore, it is justly called a bill of peace." Joseph Story, Commentaries on Equity jurisprudence § 853, at 567 (W.E. Grigsby ed., 1st English ed. 1884). If there was a dispute as to some right involving a mul-tipliCity of persons (e.g., as to a man's right to take tolls, or to a right of way traversing many estates), a bill of peace could be brought in equity to establish the right and so secure repose from the prospect of incessant or multifarious litigation. Bills of peace have now in practice been superseded by modern procedural provisions for the joinder of parties and for representative actions." Robert E. Megarry & P.V. Baker, Snell's Principles of Equity 570 (27th ed. 1973).

bill of peace- See BILL (2).

bill of privilege The formal process for suing an attorney or officer of the court. Attorneys and all other persons attending the courts of justice (for attorneys, being officers of the court, are always supposed to be there attending) are not liable to be arrested by the ordinary processes of the court, but must be sued by a bill, called usually a bill of privilege, as being personally present in court." William BlaCkstone, 3 Commentaries on the Laws of England 289 (1768).

bill of privilege- See BILL (2).

bill of redemption A bill in equity filed to enforce a right to redeem real property, usu. following a mortgage foreclosure or a delinquent-tax sale. Also termed bill for redemption.

bill of redemption- See BILL (2).

bill of review A bill in equity requesting that a court reverse or revise a prior decree.

bill of review- See BIl.L (2).

bill of revivor A bill filed for the purpose of reviving and continuing a suit in equity when the suit has been abated before final consummation. -'Ibe most common cause of such an abatement is the death of either the plaintiff or the defendant.

bill of revivor and supplement A compound of a sup-plemental bill and a bill of revivor, joined for con-venience. Its distinct parts must be framed and proceeded on separately.

bill of revivor and supplement- See BILL (2).

bill of revivor, See BILL (2).

bill of rights 1. (usu. cap.) A section or addendum, usu. in a constitution, defining the situations in which a politically organized society will permit free, spon-taneous, and individual activity, and guaranteeing that governmental powers will not be used in certain ways; esp., the first ten amendments to the U.S. Constitu-tion. 2. (cap.) One of the four great charters of English liberty (1 W. & M. (1689)), embodying in statutory form all the prin-ciples of the other three charters, namely, Magna Carta, the Petition of Right (3 Car. I, 1628), and the Habeas Corpus Act (31 Car. 2,1679).

bill of sale An instrument for conveying title to personal property, absolutely or by way of security. Cf. DEED.

bill of sight A declaration made to a customs officer by an importer who is unsure about what is being shipped .The bill of sight allows an importer to inspect the goods before paying duties.

bill of store A license authorizing a merchant to carry necessary stores and provisions free of duty.

bill of sufferance A license authorizing a merchant to trade between English ports without paying customs duties.

bill payable See account payable under ACCOUNT.

bill payable- See account payable under ACCOUNT.

bill penal A written promise to pay that carries a penalty in excess of the underlying debt for failure to pay. Cf. bill single.

bill penal- See BILL (7).

bill quia timet An equitable bill used to guard against possible or prospective injuries and to preserve the means by which existing rights are protected from future or contingent violations. It differs from an injunction, which corrects past and present - or imminent and certain - injuries. One example is a bill to perpetuate testimony. See QUIA TIMET.

bill quia timet, See BILL (2).

bill receivable See account receivable under ACCOUNT.

bill receivable- See account receivable under ACCOUNT.

bill rendered See account rendered under ACCOUNT. 6. A bill of exchange; a draft <the bank would not honor the unsigned bill>. See DRAFT (1).

bill rendered, See account rendered under ACCOUNT.

bill single A written promise to pay that is not under seal and has no penalty for failure to pay. Also termed Single bill. Cf. bill penal.

bill single, See BILL (7).

bill status The current state of a proposed law in the leg-islative process, such as its assignment to a committee, its schedule for a hearing or a vote, and its passage or defeat by one or both houses.

bill taken pro confesso (proh ban-fes-oh). [Latin "as if admitted"] Hist. An order issued by a court of equity when a defendant fails to file an answer.

bill to carry a decree into execution A bill brought when a decree could not be enforced without further court order because of the parties' neglect or for some other reason. Also termed bill to enJorce a decree.

bill to carry a decree into execution, See BILL (2).

bill to enforce a decree See bill to carry a decree into execution under BILL (2).

bill to perpetuate testimony An original bill to preserve the testimony of a material witness who may die or leave the jurisdiction before a suit is com-menced, or to prevent or avoid future litigation. Also termed bill in perpetuam rei memoriam.

bill to perpetuate testimony- See BILL (2).

bill to suspend a decree A bill brought to set aside a decree.

bill to suspend a decree- See BILL (2).

bill to take testimony de bene esse (dee or da bee-nee es-ee also day ben-ay es-ay). A bill brought to take tes-timony pertinent to pending litigation from a witness who may be unavailable at the time of trial

bill to take testimony de bene esse- See BILL (2).

billa cassetur (bil-a ka-see-tar). See CASSETUR BILLA.

billa excambii (bil-a eks-kam-bee-l). [Latin] See BILL OF EXCHANGE.

billa exonerationis (bil-a ig-zon-a-ray-shee-oh-nis). [Latin] See BILL OF LADING.

billa vera (bil-a veer-a). [Latin) See TRUE BILL.

billable hour A unit of time used by an attorney, law clerk, or paralegal to account for work performed and chargeable to adient. Billable hours are usu. divided into quarters or tenths of an hour.

billable time An attorney's, law clerk's, or para-legal's time that is chargeable to a client. Cf. NONBILL-ABLE TIME.

billeta (bil-a-ta). A proposed statute or petition pre-sented in Parliament.

billfor redemption See bill of redemption .

billhead A printed invoice containing a business's name and address.

billing cycle The period between billings for goods sold or services rendered.

bills and notes 1. See PAPER (1). 2. See PAPER (2).

bills in a set A bill oflading made up of a series ofinde-pendent parts, each bearing a number and providing that goods delivered against anyone part voids the other parts . Traditionally, in overseas-goods ship-ments, the parts of this type of bill were sent under separate cover so that if one was lost, the buyer could take delivery of the goods with another one. UCC § 7-304.

bimetallism A monetary system in which currency is defined in terms of two metals (usu. gold and silver), both being legal tender and with a fixed rate of exchange between them . The American money system was based on a bimetallic standard from 1792 to 1873.

bind 1. To impose one or more legal duties on (a person or institution) <the contract binds the parties> <courts are bound by precedent>. 2. Hist. To indenture; to legally obligate to serve. binding, adj. -bind-ingness, n.

bind day See BOON DAY.

bind over 1. To put (a person) under a bond or other legal obligation to do something, esp. to appear in court. 2. To hold (a person) for trial; to turn (a defen-dant) over to a sheriff or warden for imprisonment pending further judicial action . A court may bind over a defendant if it finds at a preliminary examination that there is enough evidence to require a trial on the charges against the defendant. binding over, n. bindover, adj.

binder 1. A document in which the buyer and the seller of real property declare their common intention to bring about a transfer of ownership, usu. accompa-nied by the buyer's initial payment. 2. Loosely, the buyer's initial payment in the sale of real property. Cf. EARNEST MONEY. 3. An insurer's memorandum giving the insured temporary coverage while the application for an insurance policy is being processed or while the formal policy is being prepared. Also termed binding receipt; binding slip.

binding 1. (Of an agreement) having legal force <a binding contract>. 2. (Of an order) requiring obedience <the temporary injunction was binding on the parties>.

binding agreement (l8c) An enforceable contract. See CONTRACT. [Cases: Contracts =:> 1.]

binding agreement- See AGREEMENT.

binding arbitration See ARBITRATION.

binding authority 1. See binding precedent under PREC-EDENT. 2. See imperative authority under AUTHORITY.

binding instruction See mandatory instruction.

binding instruction See mandatory instruction under JURY INSTRUCTION.

binding precedent A precedent that a court must follow. For example, a lower court is bound by an applicable holding of a higher court in the same jurisdiction. Also termed authoritative precedent; binding authority. Cf. imperative authority under AUTHORITY (4).

binding precedent See PRECEDENT.

binding receipt See BINDER.

binding slip See BINDER.

bindover hearing See PRELIMINARY HEARING.

biochemical warfare See WARFARE.

biological 1. Of or relating to biology or life <biological study>. 2. Genetically related <biological parents>.

biological child See natural child (1) under CHILD.

biological child- See natural child (1).

biological father See FATHER.

biological father- The man whose sperm impregnated the child's biological mother. Also termed natural father; birth father; genetic father.

biological material Patentable microorgan-isms - such as bacteria, fungi, algae, protozoa, and viruses that are capable of self-replication . To satisfy the Patent Act's enablement requirement, biological material that is the subject of a U.S. patent application must be depOSited in an appropriate cell depository before the patent is granted.

biological mother See MOTHER.

biological parent The woman who provides the egg or the man who provides the sperm to form the zygote that grows into an embryo. Also termed genetic parent.

biological parent See PARENT.

biological terrorism See bioterrorism under TERRORISM.

biological warfare See WARFARE.

biotechnology A branch of molecular biology dealing with the use of biological processes to produce useful medical and industrial materials. Cf. GENETIC ENGINEERING.

Biotechnology Patent Process Protection Act Patents. A 1995 federal statute that made biotechnological processes per se patentable if either the process or the resulting material is novel and nonobvious. 35 USCA § 103(b). Also termed Biotechnology Act.

bioterrorism See TERRORISM.

bipartite (Of an instrument) executed in two parts by both parties.

bird-dog fee 1. Money paid by a business to a person who directs consumers to the business. 2. An illegal payment to a person who arranges a business deal; KICKBACK.

bIrpl See INTERNATIONAL BUREAU FOR THE PROTECTION OF INTELLECTUAL PROPERTY.

birretum (ba-ret-am). [Law Latin] A cap or coif formerly worn by British judges and serjeants-at-law.

birth The complete emergence of a newborn baby from the mothet:'s body . The quotation below states the traditional legal view of birth. In a few jurisdictions, the state of the law may be changing. In South Carolina, for example, a child does not have to be born alive to be a victim of murder; a woman can be convicted of fetal murder ifher baby is stillborn because of the mother's prenatal drug abuse. "For purposes of criminal law and also for those of property law, e.g. to become a holder of property and so transmit it again to new heirs, or to enable the father to obtain curtesy of his wife's lands birth consists in extrusion from the mother's body, i.e. in having 'come into the world.' If but a foot be unextricated, there can be no murder, the extrusion must be complete, the whole body of the infant must have been brought into the world. But it is not necessary that the umbilical cord should have been severed. And to be born alive the child must have been still in a living state after having wholly quitted the body of the mother." j.W. Cecil Turner, Kenny's Outlines of Criminal Law 104 (l6th ed. 1952).

birth certificate A formal document that records a person's birthdate, birthplace, and parentage . In all 50 states, an adopted child receives a second birth certificate reflecting his or her adoptive parents. In such a case, the original birth certificate is usu. sealed and can be opened only by court order. Some states allow limited access, depending on the year when an adoptee was born and (sometimes) on whether the birth parents consent. The trend today is to open records if (1) both the child and the biological parent consent -for example, through an adoption registry, or (2) the child requests and, upon notification, the biological parent does not veto the request. Oregon enacted the first statute to permit access to birth records upon the unilateral demand of the adopted child, once the child reaches the age of majority. See ADOPTION-REGISTRY STATUTE

birth control 1. Any means of preventing concep-tion and pregnancy, usu. by mechanical or chemical means, but also by abstaining from intercourse. 2. More narrowly, contraception.

birth father See biological father under FATHER.

birth father- See biological father.

birth injury Harm that occurs to a fetus during the birth process, esp. during labor and delivery. Cf. PRENATAL INJURY.

birth mother See MOTHER.