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bredwite (bred-wat). A penalty for not complying with regulations relating to the weight or quantity of bread.

brehon (bree-han). In Ireland, a judge.

Brehon law (bree-han law). The ancient system of law in Ireland at the time of its conquest by Henry II.This law was formally abolished in 1366. Sometimes spelled Brehon Law. "[T]he Irish were governed by what they called the Brehon law, so stiled from the Irish name of judges, who were denominated Brehons. But king John in the twelfth year of his reign went into Ireland, and carried over with him many able sages of the law; and there by his letters patent, in right of the dominion of conquest, is said to have ordained and established that Ireland should be governed by the laws of England .... But to this ordinance many of the Irish were averse to conform, and still stuck to their Brehon law: so that both Henry the third and Edward the first were obliged to renew the injunction .... And yet, even in the reign of queen Elizabeth, the wild natives still kept and preserved their Brehon law .... " 1 William Blackstone, Commentaries on the Laws of England 1 00-01 (1765).

brephotrophus (bre-fah-tra-fas). A person who manages institutions that receive and care for poor or abandoned children. The word is Greek in origin (lit. meaning "one who feeds an infant") and was used in late Roman law, but it first appeared in English in the 18th century. PI. brephotrophi.

brethren (breth-ran), Brothers, esp. those consid-ered spiritual kin (such as male colleagues on a court) <my brethren argue in the dissent that my statutory interpretation is faulty> . The use of this collegial term has naturally dwindled as more women have entered law and esp. into the judiciary. Cf. SISTREN.

Bretts and Scots, Laws of the The customary laws used by the Celtic tribes of Scotland . Edward I of England purported to abolish the laws in the early 14th century.

brev. sel See brevia selecta under BREVE.

breve (breev or bree-vee), [Law Latin] Hist. Writ. The word brevis meant "short," and brevia were short writs, unlike charters. PI. brevia (bree-vee-a).

breve de bono et malo (breev or bree-vee dee boh-noh et mal-oh). See DE ODIO ET ATIA.

breve de conventione (breev or bree-vee dee kan-ven-shee-oh-nee). See WRIT OF COVENANT.

breve de cursu See WRIT OF COURSE.

breve de recto (breev or bree-vee dee rek-toh). See DE RECTO.

breve de transgressione super casum (breev or bree-vee dee trans-gres[h]-ee-oh-nee s[y]oo-par kay-sam). See TRESPASS ON THE CASE.

breve innominatum (breev or bree-vee i-nom-a-nay-tam). [Latin "innominate writ"] A writ that recites a cause of action only in general terms.

breve magnum de recto (breev or bree-vee mag-nam dee rek-toh). See DE RECTO PATENS.

breve nominatum A writ in which the complaint particularly states the time, place, and demand.

breve perquirere (breev or bree-vee par-kwI-ra-ree). [Latin "to obtain a writ"] To purchase a writ or license of trial in the king's courts.

breve rebellionis See COMMISSION OF REBELLION.

breve testatum (breev or bree-vee tes-tay-t;lm). [Latin "a witnessed writ"] A written memorandum used to memorialize the terms of a conveyance and investi-ture of land . Witnesses to the conveyance did not sign the document, but their names were recorded. Brevia testata were introduced to reduce disputes concerning the terms of oral grants.

brevet (bra-vet or brev-it). [French] 1. Military law. A commission promoting an officer to a higher rank, esp. during wartime, but without a corresponding pay increase. 2. French law. A privilege or warrant granted by the government to a private person, authorizing a special benefit or the exercise of an exclusive privilege . For example, a brevet d'invention is a patent for an inven-tion. 3. Patents. A patent. Also termed (in sense 3) brevet d'invention.

brevet officer (bra-vet or brev-it). A military officer who holds a nominal rank above that for which the person is paid.

brevet officer See OFFICER (2).

brevi manu (bree-vI man-yoo), [Latin "with a short hand"] Roman & civil law. 1. Directly; by the shortest route. 2. 'Without a legal warrant; on one's own authority. In Roman law, the term referred to the contractual transfer (traditio) of ownership of an item to one who already had physical control of the item. See TRADITIO BREVI MANU; CONSTITUTUM POS-SESSORIUM. In Scotland, this phrase usu. Signified the performance of an act without the necessity of resort-ing to the courts. "Thus, for example, it was anciently the practice in Scotland for an heritable proprietor, on his own authority, to poind his tenant's moveables for payment of his rent, without applying to any other judge .... Brevi manu in the Roman law is usually applied to a kind of constructive delivery. A thing is said to be transferred by brevi manu tradition, when it has been previously in the buyer's possession on some other title, as pledge or loan." William Bell, Bell's Dictionary and Digest of the Law of Scotland 134 (George Watson ed., 7th ed. 1890),

brevia amicabilia (bree-vee-a am-a-ka-bil-ee-a). [Latin "writs with agreement"] Writs obtained with the agreement or consent of the opposing party in an action.

brevia amicabilia- See BREVE.

brevia anticipantia (bree-vee-a an-tis-a-pan-shee-a). [Latin "anticipatory writs"] Anticipatory or preven-tive writs . Six were included in this category: writs of mesne; warrantia chartae; monstraverul1t; audita querela; curia claudenda; and ne injuste vexes. See QUIA TIMET,

brevia anticipantia, See BREVE.

brevia formata (bree-vee-a-for-may-ta). [Latin "writs of approved form"] Writs of established and approved form, issued as a matter of course. Cf. brevia magistralia.

brevia formata- See BREVE.

brevia judicialia (bree-vee-a- joo-dish-ee-ay-Iee-a). [Latin "judicial writs"] Writs that issue during an action or afterward in aid of judgment . A court issued such a writ after an original writ had issued out of Chancery. Cf. brevia originale.

brevia judicialia, See BREVE.

brevia magistralia (bree-vee-a maj-i-stray-Iee-a), [Latin "masters' writs"] Writs issued by the masters or clerks of Chancery accordi ng to the circumstances of particular cases . These writs, unlike some others, might be varied in accordance with the complainant's particular situation. Cf. brevia formata.

brevia magistralia- See BREVE.

brevia originale (bree-vee-a-a -rij-i-nay-Iee). [Latin] Original writ . This writ began a judicial action. Cf. brevia judicialia.

brevia originale, See BREVE.

brevia selecta (bree-vee-a- sa-lek-ta). [Latin "selected writs"] Choice or selected writs or processes. Abbr. brev. sel.

brevia selecta- See BREVE.

brevia testata (bree-vee-a-tes-tay-ta). See breve testatum under BREVE.

Breviarium Alaricianum (bree-vee-air-ee-<lm al-<l-ri-kay-nam). [Latin] An abridgment (or breviary) of Roman law compiled by order of the ViSigoth king Alaric II, published for the use of his Roman subjects in the year 506 .o Revised versions were known as the Lex Romana Visigothorum. It was also termed the Breviar-ium Aniani after Alaric's chancellor, Anian, who edited and distributed the work. Also termed Breviary of Alaric (bree-vee-er-ee av-al-a-rik). 'Though the Breviariumwas later replaced by the Lex Visig-othorum in the Visigothic kingdom, it continued in use in southern France and Lombardy, which had meantime passed under the dominion of the Franks. Its qualities made the Breviarium a book of high authority throughout the whole of western Europe during the Middle Ages and it was one of the main channels through which Roman law entered western European law prior to the Reception." David M. Walker, The Oxford Companion to Law 151-52 (l980).

breviate (bree-vee-at). [Latin] Rist. An abstract of a writing; esp., a short statement attached to a Parliamentary bill summarizing the contents of the bill.

brevibus et rotulis liberandis (bree-va-bas et roch-a-las lib-ar-an-dis). [Latin "breves and rolls to be freed"] A writ ordering a sheriff to turn over to a succes-sor all paraphernalia of office.

brevitatis causa (brev-i-tay-tis kaw-za). [Latin] Scots law. For the sake of brevity. The phrase was inserted in legal documents to show that another document had been incorporated by reference but not fully quoted.

bribe A price, reward, gift or favor bestowed or promised with a view to pervert the judgment of or influence the action of a person in a position of trust. Cf. BARRATRY (4). bribe, vb. "The core concept of a bribe is an inducement improperly influencing the performance of a public function meant to be gratuitously exercised." John T. Noonan Jr., Bribes xi (1984).

bribee One who receives a bribe. Also termed bribe taker.

bribe-giver See BRIBER.

briber One who offers a bribe. Also termed bribe-giver.

bribery The corrupt payment, receipt, or solici-tation of a private favor for official action. Bribery is a felony in most jurisdictions. See Model Penal Code § 240.1. Cf. KICKBACK. bribe, vb. "If money has been corruptly paid and corruptly received, for the purpose of influencing official action, do we have one crime of which two are guilty, or two different crimes? No uniform answer is possible under existing statutes. Under some of the provisions bribery is one offense and references to (1) giving or offering a bribe. or (2) to receiving or soliciting a bribe, are merely factual statements in regard to the guilt of one party or the other. Under another plan 'bribery' is employed as a generic term to cover two different offenses: (1) giving or offering a bribe. and (2) receiving or soliCiting a bribe. A third plan uses the word 'bribery' to indicate the offense of the briber and 'receiv-ing a bribe' for the other side of the transaction." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 537 (3d ed, 1982),

bribe-taker See BRIBEE.

bribour (brI-bar). [fr. French bribeur], A thief.

bridge bank A national bank chartered to operate an insolvent bank for up to three years or until the bank is sold.

bridge financing See bridge loan under LOAN.

bridge loan See LOAN.

bridge the gap To capitalize on the goodwill associated with an existing trademark or tradename by using it or a similar mark on new lines of products or services, or on the same products or services in new marketing territories.

bridgebote See BRIGBOTE.

brief 1. A written statement setting out the legal contentions of a party in litigation, esp. on appeal; a document prepared by counsel as the basis for arguing a case, consisting of legal and factual arguments and the authorities in support of them. Also termed legal brief; brief of argument.

brief of argument See BRIEF (1).

brief of title See ABSTRACT OF TITLE.

brief on the merits A brief that sets out the issues to be decided, the party's position, and the arguments and authorities in support. Also termed points-and-authorities brief; merits brief

brief on the merits- See BRIEF.

briefing attorney 1. An attorney who specializes in brief-writing, particularly appellate briefs and legal memoranda. 2. CLERK (5).

briefing attorney- See ATTORNEY.

briefmanship The quality of the work done in pro-ducing a written legal argument. "Catering to the predilections of ajudge is not toadyism; it is skillful briefmanship." Mortimer Levitan,"Effective Brief Writing," in Lawyers Encyclopedia 995,998 (1963).

brief-writing The art or practice of preparing legal briefs. Also termed brief-making. brief-writer, n.

brieve A chancery writ ordering that a trial be held on the matters specified in the writ . By the late 20th century, brieves were rarely used except in proceedings to appoint a curator for an incompetent person.

brieve of mortancestry See MORT D'ANCESTOR.

brigandage (brig-an-dij). Archaic. Plundering and banditry carried out by bands of robbers . Piracy is sometimes called "maritime brigandage."

brigbote See BRIGBOTE.

brigbote- (brig-baht), An obligation, often extracted as a tax or a on land, to contribute to the cost of maintaining walls, and bridges. Also spelled bridgebote. Often termed bote. See BOTE (4).

Briggs Law A 1921 Massachusetts law that required all criminal defendants who had been repeatedly indicted, previously convicted of a felony, or charged with a capital offense to undergo psychi-atric evaluation .The purpose of the evaluation was "to determine [offenders'] mental condition and the existence of any mental disease or defect [that] would affect [their] criminal responsibility." Mass. Gen. Laws ch. 123, § 100A (1921). Although the term is no longer used in Massachusetts, an updated form of the law still exists, and every state has its own form of it.

bright-line rule A legal rule of decision that tends to resolve issues, esp. ambiguities, simply and straight-forwardly, sometimes sacrificing equity for certainty.

bring an action To sue; institute legal proceedings.

bring to book To arrest and try (an offender) <the fugitives were brought to book and convicted>.

bring-down provision A contractual covenant that all of a party's representations and war-ranties were true when the contract was executed and will be true on the closing date.

British subject The status conferred on a citizen of the United Kingdom and the Commonwealth countries such as Canada, Australia, New Zealand, and India by the British Nationality Act of 1981. Although this is the current sense, the phrase British subject has had many different meanings over the years, under different statutes.

broad constructionism See liberal constructionism under CONSTRUCTIONISM.

broad constructionism- See liberal constructionism.

broad constructionist See liberal constructionist under CONSTRUCTIONIST.

broad constructionist- See liberal constructionist.

broad interpretation See liberal construction under CONSTRUCTION.

Broadcast Musk,lnc One of the U.S. per-forming-rights societies that, on behalf of copyright owners, licenses the public performance of nondra-matic musical works. Abbr. BMI.

broadened reissue patent A patent that is issued again, having broader claims than the original, surrendered patent. Under 35 USCA § 251, a patent may be reissued, under certain circumstances, with broader claims than the original patent if the reissue application is filed within two years of the grant of the original patent. See INTERVENING RIGHTS.

broadened reissue patent See PATENT (3).

broadening of a claim The enlargement of the scope of a patent claim to expand its coverage . The broader a patent claim, the greater the scope of protection because more methods or devices may poten-tially infringe the claim. But drafting a claim broadly increases the risk that an accused infringer may suc-cessfully invalidate the claim through prior art. See prior art under ART.

broadening statement Wording in a claim to the effect that the invention includes forms other than the details shown in the application . A broadening statement is usu. taken as boilerplate and given little or no effect. Also termed catch-all.

broader than the invention (Of a patent claim) having a scope that exceeds the limits of the invention disclosed in the application or patent.

broad-form insurance See INSURANCE.

broad-form insurance Comprehensive insurance. This type of insurance usu. takes the form of an endorsement to a liability or property policy, broadening the coverage that is typically available.

broad-form policy A policy that offers broad protection with few limitations. This policy offers greater coverage than a basic-form policy, but less than an open-perils policy.

broad-form policy See INSURANCE POLICY.

broadside objection See general objection under OBfEC-TION.

brocard (brahk-ard-or broh-kard). An elementary legal principle or maxim, esp. one deriving from Roman law or ancient custom.

brocarius (broh-kair-ee-as). [Law Latin]. A broker; a middleman between buyer and seller.

broker 1. An agent who acts as an intermediary or negotiator, esp. between prospective buyers and sellers; a person employed to make bargains and contracts between other persons in matters of trade, commerce, or navigation . A broker differs from a factor because the broker usu. does not have posses-sion of the property. Cf. FACTOR. 2.) 2. Securities. A person engaged in the business of conducting securities transactions for the accounts of others. - broker, vb. "The most important determining factor of what consti-tutes a 'broker' is whether the party is dealing for itself or for another. A broker may, by contract, have title to property pass through it (though usually it does not), and it may, by contract, collect from the consumer, but a broker does not deal on its account. Two preliminary requirements must be met for a finding that an individual is acting as a broker: (1) the person is acting for compensation; and (2) the person is acting on behalf of someone else." 12 Am. Jur. 2d Brokers § 1 (1997).

broker call loan See call loan under LOAN.

broker for sale A broker retained to sell something, but having neither possession of the goods nor any right of action in the broker's own name on contracts that the broker enters into.

broker for sale- See BROKER.

brokerage 1. The business or office of a broker <a profitable stock brokerage>. [ 2. A broker's fee <collect the brokerage after the house sells>.

brokerage contract An agency agreement employing a broker to make contracts in the name of and on behalf of the principal and for which the broker receives a commission.

broker-agent See BROKER.

broker-agent- 1. A person who acts as an intermediary between parties to a transaction, and as a repre-sentative of one of them. 2. A person licensed both as a broker and as an agent.