Posted by Admin | Posted in Jargon or cliche? | Posted on 02-07-2010

  • Band

Criminal Law; An aggravating circumstance that is appreciated when there is at least four armed persons who committed the crime.

  • Bareboat (or demise) charter

Transportation Law; A contract whereby the full possession and control of a vessel is transferred to the charterer.   The charterer has to provide the crew and supplies for the vessel since it is only the vessel that is let to him by the shipowner; hence the term “bare boat.”

  • Bank

General Banking Law, Republic Act 8791; Entities regularly engaged in the lending of funds obtained in the form of deposits.

  • Bank draft

Commercial law; Banking; A bill of exchange drawn by a bank upon its correspondent bank, issued at the solicitation of a stranger who purchases and pays therefor.

  • Bargaining

Labor law; Labor relations; A process whereby parties discuss their demands and counter-demands and, after haggling, agree on what is essentially a compromise reflecting the concessions mutually given by the parties to arrive at a common misunderstanding. (Aquino vs. NLRC , 206 SCRA 126, 1992)

cf: Surface bargaining - going through the motions of negotiation without any legal intent to reach an agreement (Standard Charter Bank vs. Confessor, GR 114974, 2004)

  • Bargaining unit

Labor law; Labor relations; A “bargaining unit” has been defined as a group of employees of a given employer, comprised of all or less than all of the entire body of employees, which the collective interest of all the employees, consistent with equity to the employer, indicate to be the best suited to serve the reciprocal rights and duties of the parties under the collective bargaining provisions of the law. (UP vs. Calleja G.R. No. 96189, July 14, 1992).

It is the legal collectivity for collective bargaining purposes whose members have substantially mutual bargaining interests in terms and conditions of employment as will assure to all employees their collective bargaining rights. (Belyca Corp. vs. Ferrer Calleja, 168 SCRA 184 (1988)

  • Borrowing statute

Civil law; Conflict of laws; A statute in one state which “borrows” the statute of limitations (prescriptive period) for the cause of action from another state in which the cause of action arose.

  • Bearer instrument

Negotiable instruments law; A negotiable instrument which is payable to whoever has possession of such instrument; Under Section 9 of the Negotiable Instruments Law (Act 2031), the instrument is a bearer instrument when: (1) it is expressed to be so payable, (2) payable to a person named therein or bearer, (3) payable to the order of a fictitious or non-existing person and such fact was known to the person making it so payable, (4) the name of the payee does not purport to be the name of any person, and (5) the only or last indorsement is in blank.

  • Best evidence rule

Evidence; A rule of evidence which requires that the original must be produced except those provided in Section 3, Rule 130 of the Rules of Court. (e.g. when the original has been lost, destroyed or cannot be produced in court without the fault of the party offering it)

  • Bigamy

Criminal law; A crime committed by a legally married person who contracts a second marriage at the time when the first marriage is still subsisting (or before the first marriage has been legally dissolved or before the absent spouse has been judicially declared presumptively dead).

  • Bill of exchange

Commercial law; Negotiable Instruments Law; A bill of exchange is an unconditional order in writing addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to order or to bearer.  (Section 126, Act 2031)

  • Bill of lading

Transportation Law; A written acknowledgment of the receipt of goods and an agreement to transport and deliver them at a specified place to a person named therein or his order. (Malayan Insurance vs. Maersk, 1994)

  • Builder in good faith

Civil law; Property; One who is not aware that there exists in his title or mode of acquisition any flaw which invalidates it.

  • Burden of proof

Evidence; The duty of a party to present evidence on the facts in issue necessary to establish his claim or defense by the amount of evidence required by law.

  • Buy bust

Criminal law; It is a form of entrapment employed by peace officers to catch a malefactor in flagrante delicto (People v. Rodriguez, 205 SCRA 791).  Entrapment is the employment of such ways and means for the purpose of trapping or capturing a law breaker.  The idea to commit the crime originates from the accused; nobody induces or prods him into committing the offense (People v. Ramos, Jr., 203 SCRA 237)

  • Bystander rule

Labor law; Labor relations; The rule that  a certification election is the sole concern of the employees and the employer is a mere bystander who has no right to interfere.

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