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birth parent Either the biological father or the mother who gives birth to a child. Sometimes written birthparent.

birth parent See PARENT.

birth records Statistical data kept by a govern-mental entity concerning people's birthdates, birth-places, and parentage.

birthday club See GIFTING CLUB.

bis BUREAU OF INDUSTRY AND SECURITY.

bi-scot A fine imposed for not repair-ing banks, ditches, and causeways.

bishop The chief superintendent and highest-ranking member of the clergy within a diocese . The bishop is subject to the archbishop of a province. "[A] bishop ... has several courts under him, and may visit at pleasure every part of his diocese. His chancellor is appointed to hold his courts for him, and to assist him in matters of ecclesiastical law .... " 1 William Blackstone, Commentaries on the Laws of England 370 (1765).

bishopric (bish-a-prik). 1. DIOCESE. 2. The office of a bishop.

bishop's court 1. An ecclesiastical court usu. held in the diocese cathedral and presided over by the bishop's chancellor. 2. Hist. Eccles. law. (cap.) A court (usu.) held in the cathedral of a diocese, the judge being the bishop's chancellor, who applied civil canon law . The jurisdiction included appeals from the Court of Archdeacon. In a large diocese, the bishop's chancellor would have commissaries in remote parts who held consistory courts. See CONSISTORY COURT.

bishop's court- See BISHOP'S COURT.

biting rule A rule of construction that once a deed or will grants a fee simple, a later provision attempting to cut down, modify, or qualify the grant will be held void.

Bivens action A lawsuit brought to redress a federal official's violation of a constitutional right. Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999 (1971). A Bivens action allows federal officials to be sued in a manner similar to that set forth at 42 USCA § 1983 for state officials who violate a person's constitutional rights under color of state law.

biz A toplevel domain name assigned by ICANN for use by businesses as distinct from individual, personal, or noncommercial use. See DOMAIN NAME; INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS.

Black Act An English statute (9 Geo. ch. 22) establishing the death penalty for the unlawful killing or maiming of animals The statute was passed in 1722 in the wake of crimes committed by persons with faces blackened or other wise disguised. The statute was repealed in 1827. The classic study of this law is E.P. Thompson, Whips and Hunters: The Origins of the Black Act (1975).

Black Acts Statutes of the Scottish Parlia-ment passed from 1535 to 1594 and recorded in a book printed in black letter.

Black Book of the Admiralty A medieval code of maritime law containing admiralty laws, ordi-nances, and proceedings, decisions, and acts of the monarch, the Lord High Admiral, and the Court of Admiralty . The Black Book is considered a definitive source for customary English maritime law. It also contains a copy of the Rules of Ole ron, an 11th-century compilation of common maritime law.

Black Book of the Exchequer A record book con-taining treaties, conventions, charters, papal bulls, and other English state documents .o It dates from the l3th century. Also termed Liber Niger Parvus.

black cap A square cap worn by English judges on certain state or solemn occasions . The black cap was formerly worn by judges when handing down a death sentence.

black codes (usu. cap.) Hist. 1. Antebellum state laws enacted to regulate slavery. 2. Laws enacted shortly after the Civil War in the ex-Confederate states to restrict the liberties of the newly freed slaves to ensure a supply of inexpensive agricultural labor and to maintain white supremacy. "Clearly, leaders of the old South who survived the war were in no mood for racial equality. It was a bitter enough pill that the slaves were legally free; there was no inclination to go beyond the formal status. The Black Codes of 1865, passed in almost all of the states of the old Confederacy, were meant to replace slavery with some kind of caste system and to preserve as much as possi ble of the prewar way of life." Lawrence M. Friedman, A History of American Law 504 (2d ed. 1985).

black economy See SHADOW ECONOMY.

black economy- See SHADOW ECONOMY.

Black Hand Any of several secret societies that were active in the late 19th and early 20th centuries . Most of these organizations were composed of anar-chists or separatists and engaged in terrorism. In the late 19th and early 20th centuries, a loosely knit Sicilian-Italian criminal organization called the Black Hand extorted money from Italian immigrants to the U.S. through threats and acts of violence. Chapters of the organization were established throughout the United States and Canada. The New York City Police Department created the nation's first bomb squad to deal with the bombs used by the Black Hand. A band of Spanish anarchists in the late 19th century and a group of Serbian anarchists in the early 20th century were also called the Black Hand. The organizations were not related.- blackhander, n.

black maria A locked van used by the police to transport prisoners to and from jail

black market 1. See MARKET. 2. See SHADOW ECONOMY.

black rent Peudal rents paid in work, grain, or money baser than silver. - Also termed blackmail. Cf. WHITE RENT.

black ward A subvassal; a vassal of the king's vassal.

Blackacre A fictitious tract ofland used in legal dis-course (esp. law-school hypotheticals) to discuss real-property issues When another tract of land is needed in a hypothetical, it is often termed "Whiteacre." "Blackacre is the most celebrated tract of land in the world of the law, ... Blackacre is wholly mythical, yet totally real. It is a concept, living in the realm of the mind and doubly valuable since much of the law of property has the same type of reality." John E. Cribbet, pinciples of the Law of Property 2 (2d ed. 1975).

black-leg labor See SCAB.

blackletter law One or more legal principles that are old, fundamental, and well settled . The term refers to the law printed in books set in Gothic type, which is very bold and black. - Also termed hornbook law.

blacklist To put the name of (a person) on a list of those who are to be boycotted or punished <the firm blacklisted the former employee>. blacklist, n.

black-lung disease See PNEUMOCONIOSIS.

blackmail 1. A threatening demand made without justification; EXTORTION. Cf. FEEMAIL; GRAYMAIL; GREENMAIL (1), (2). [Cases: Extortion and Threats <>25.1.1 blackmail, vb. [Blackmail isl a certain rate of Money, Corn, Cattle, or other conSideration, paid to some inhabiting upon, or near the borders, being persons of name and power, allied with known Robbers ... to be thereby by them freed and pro-tected from the danger of those SpOil-takers." Thomas Blount, Noma-Lexicon: A Law-Dictionary (1670). 'Black-mail' (black rent) was anciently used to indicate rents reserved in work, grain or baser money' (i.e. baser than silver). It was also employed at one time to refer to a tribute formerly exacted in the north of England and in Scotland by freebooting chiefs for protection from pillage. [Quoting American College Dictionary(1948).1 Such practice was extortion, in the literal sense, and hence 'blackmail' is frequently used to indicate statutory extortion or some-times an extorsive threat. And the federal statute forbidding the sending of an extorsive threat by mail has been referred to as the 'blackmail statute.'" Rollin M. Perkins & Ronald N. Boyce, Criminal Law451 (3d ed. 1982). 2. BLACK RENT.

blackmail suit A suit filed by a party having no genuine claim but hoping to extract a favorable settlement from a defendant who would rather avoid the expense and inconvenience of litigation.

blackmail suit See SUIT.

black-market adoption 1.An illegal adoption in which an intermediary (a broker) receives payment for hisor her services. 2. Baby-selling.

black-market adoption- 1. See ADOPTION. 2. See SHADOW ECONOMY.

blackout period The time between the examining attorney's approval of an intent to use application for publication in the Official Gazette and the issuance of a notice of allowance after publication, during which the applicant may not file a statement of use or make any other substantive amendment to the application.

black-rage insanity defense An insanity defense based on an African-Americans violent eruption of anger induced at least partly by racial tensions. This defense was first used in the mid-1990s.

black-rage insanity defense See INSANITY DEFENSE.

Black-Scholes formula A mathematical model used to estimate the present value of stock options or warrants based on the exercise price, the length of the option's or warrant's exercise period, and the fair market value and volatility of the underlying security . The term derives from Escher Black and Myron Scholes, the names of the economists who presented the formula in The Pricing of Options and Corporate Liabilities, 81 J. Pol Econ. 637 (1973).

Blackstone lawyer 1. A lawyer with a broad knowledge of black letter principles. 2. A self-educated lawyer (esp. in antebellum America) whose legal training consists primarily of reading Blackstone's Commentaries.

Blaine amendment A provision in a state constitu-tion for stricter separation of church and state than is required by the Establishment Clause . In 1875, at the request of President Ulysses S. Grant, Senator James G. Blaine proposed an amendment to the U.S. Consti-tution, applying the Free Exercise and Establishment Clause to the states, and specifically prohibiting the use of any state' funds to support any religiOUS institutions, including private church-run schools (esp. Roman Catholic). The House of Representatives passed the amendment, but the Senate narrowly voted against it. Many states, however, amended their constitutions to include a "Blaine Amendment" strictly prohibiting the use of public money for the support of religious institutions.

blame 1. An act of attributing fault; an expression of disapproval <the judge said that all the plaintiff's attorneys were to blame>. 2. Responsibility for some-thing wrong <blame rested with all the defendants>. blame, vb. - blameworthy, blamable, adj.

blanc seign (blahnk sayn). A Signed paper entrusted to someone with the power to bind the signer within the limits of the agreement between the signer and the grantee. See POWER OF ATTORNEY (1).

blank 1. A ballot cast without a vote, effectively an abstention. 2. A name, number, time, or other term left open in a motion, to be filled in by vote after taking proposals from the floor . An election is a common form of filling a blank: each nomina-tion is effectively a proposal for filling the blank in the question, "Resolved, That is elected." See CREATE A BLANK; FILL A BLANK.

blank acceptance Acceptance by a bill-of-exchange drawee before the bill is made, as indicated by the drawee's signature on the instrument.

blank acceptance- See ACCEPTANCE (4).

blank bar A plea in bar interposed by a defendant in a trespass action.This type of plea was filed to compel the plaintiff to state exactly where the alleged trespass occurred. Also termed common bar.

blank bill A bill with the payee's name left blank. Cf. DRAFT (1).

blank bill- See BILL (6).

blank bond See BOND (2).

blank bond- A bond in which the space for the creditor's name is left blank.

blank check See CHECK.

blank check- A check signed by the drawer but left blank as to the payee or the amount, or both.

blank consent A general authorization from a natural parent who voluntarily relinquishes a child for private adoption and allows adoption proceedings without further consent. Jurisdictions are divided over whether a blank consent is valid if the natural parents do not identify and approve the prospective adoptive parents. Also termed blanket consent; general consent.

blank consent- See BLANK CONSENT.

blank form A form, usu. one for record keeping and business purposes, that does not convey information until it has been filled in .Blank forms are not eligible for copyright protection. Also termed business form. See BLANK FORMS RULE.

blank indorsement See INDORSEMENT.

blank stock See STOCK.

blank stock Stock with voting powers and rights set by the issuers board of directors after the stock has been sold.

blanket agreement A collective-bargaining agreement that applies to workers throughout an orga-nization, industry, or geographical area.

blanket bond See BOND (2).

blanket bond- 1. A bond covering several persons or projects that require performance bonds. 2. See fidelity bond.

blanket contract See CONTRACT.

blanket contract- A contract covering a group of products, goods, or services for a fixed period.

blanket license See LICENSE.

blanket lien See LIEN.

blanket mortgage See MORTGAGE.

blanket order See BLANKET ORDER (1).

blanket order 1. A judicial order that covers a broad subject or class. Also termed umbrella order. See ORDER (2). 2. See blanket protective order under PRO-TECTIVE ORDER. 3. An order negotiated by a customer with a supplier for multiple purchases and deliveries of specified goods over a stated period, as an alternative to placing a separate order for each transaction. Also termed blanket purchase agreement; blanket purchase order. See PURCHASE AGREEMENT; PURCHASE ORDER.

blanket policy See INSURANCE POLICY.

blanket policy An agreement to indemnify all property, regardless of location. - Also termed compound policy; floating policy.

blanket protective order See PROTECTIVE ORDER.

blanket protective order A protective order that covers a broad subject or class. Often shortened to blanket order. Also termed umbrella protective order.

blanket purchase agreement See BLANKET ORDER (3).

blanket purchase agreement See BLANKET ORDER (3).

blanket purchase order See BLANKET ORDER (3).

blanket purchase order See BLANKET ORDER (3).

blanket search warrant 1. A single search warrant that authorizes the search of more than one area. 2. An unconstitutional warrant that authorizes the seizure of everything found at a given location, without specifying which items may be seized.

blanket search warrant See SEARCH WARRANT.

blank-forms rule The principle that forms are not protectable by copyright if they are deSigned for recording information but do not themselves convey any information. The rule, first promulgated by the U.S. Supreme Court in Baker v. Selden, 101 U.S. 99 (1880), is now a U.S. Copyright Office regulation, 37 CFR § 202.1(c). See MERGER DOCTRINE (1).

blasphemy (blas-fa-mee), Irreverence toward God, religion, a religious icon, or something else con sidered sacred . Blasphemy was a crime at common law and remains so in some U.S. jurisdictions, but it is rarely if ever enforced because of its questionable con-stitutionality under the First Amendment. Cf. PROFANITY blaspheme (blas-feem or blas-feem), vb. - blasphemous (blas-fa-mas), adj. blasphemer (bias-fee-mar), n. "Blasphemy is the malicious revilement of God and religion. In England blasphemy was the malicious revilement of the Christian religion .... Blasphemy has been held to be a common·law crime [in the United States] because of its tendency to stir up breaches of the peace. It is expressly made punishable by some of the statutes." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 474,475 (3d ed. 1982).

blended family See FAMILY.

blended family- The combined families of persons with children from earlier marriages or relationships.

blended fund See FUND (1).

blended sentence In a juvenile-delinquency disposition, a sanction that combines delinquency sanctions and criminal punishment.

blended sentence See SENTENCE.

blended trust See TRUST.

blendedfund A fund created by income from more than one source, usu. from the sale of a testator's real and personal property.

blending clause A provision in a will disposing of both the testator's own property and the property over which the testator has a power of appointment, so that the two types of property are treated as a unit.

blind bidding In the licensing of movies for first-run engagements, the practice by film distributors of requiring theater owners to bid for and book movies without haVing seen them . By statute, some states prohibit blind bidding.

blind entry See ENTRY (2).

blind pig See BLIND TIGER.

blind plea See PLEA (1).

blind plea A guilty plea made without the promise of a concession from either the judge or the prosecutor. Cf. negotiated plea.

blind selling The sale of goods without giving a buyer the opportunity to examine them.

blind tiger A place where intoxicants are illegally sold . This term was commonly used during Prohibition. Also termed blind pig. See PROHIBITION (3).

blind trust See TRUST.

Blne List A daily listing (on blue paper) of secondary-market offerings of municipal bonds. "Municipal bonds available for resale in the secondary market are listed by state in The Blue List. along with such information as the number of bonds offered. issuer, maturity date. coupon rate, price, and dealer making the offering. Ratings are not included. But there are sections on settlement dates of recent new offerings. prerefunded bonds, and miscellaneous offerings (some u.s. government and agency obligations, railroad equipment trust certifi· cates. corporate bonds, and even preferred stocks). The dollar value of listings, referred to as the floating supply, gives an indication of the size and liquidity of the second-ary municipal market." The New York Institute of Finance, How the Bond Market Works 185 (1988).

bloc A group of persons or political units aligned with a common interest or purpose, even if only tem-porarily <voting bloc>.