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B Black's Law Dictionary B Black's Law Dictionary (8th ed. 2004) , Page 419 B. B.abbr.BARON(3). B2B B2B.abbr. BUSINESS-TO-BUSINESS <a B2B transaction>. B2C B2C.abbr. BUSINESS-TO-CONSUMER <a B2C transaction>. BA BA.abbr.See banker's acceptance under ACCEPTANCE(4). BABY ACT, PLEADING THE baby act, pleading the.Slang. The act of asserting a person's infancy as a defense to a contract claim. BABY-BARTERING baby-bartering. See BABY-SELLING. BABY BOND baby bond.See BOND(3). BABY-BROKERING baby-brokering. See BABY-SELLING. BABY DOE Baby Doe.A generic pseudonym for a very young child involved in litigation, esp. in the context of being provided with medical care. • Today a gender designation is often added: Baby Girl Doe or Baby Boy Doe. The generic term is used to shield the child's identity. BABY FTC ACT Baby FTC Act.A state statute that, like the Federal Trade Commission Act, outlaws deceptive and unfair trade practices. BABY MOSES LAW Baby Moses law.See SAFE-HAVEN LAW. BABY-SELLING baby-selling. The exchange of money or something else of value for a child. • All states have prohibitions against baby-selling. It is not considered baby-selling for prospective adoptive parents 419 B Black's Law Dictionary (8th ed. 2004) , Page 420 to pay money to a birth mother for pregnancy-related expenses. — Also termed baby-brokering; baby-bartering. BABY-SNATCHING baby-snatching. See child-kidnapping under KIDNAPPING. BAC BAC.abbr.BLOOD ALCOHOL CONTENT. BACHELOR bachelor. 1. An unmarried man. 2. The usual title of the first degree that is conferred on a university graduate. 3.English law. A member of one of the orders of chivalry, such as the Order of the Bath. — Also termed (in sense 3) knight bachelor. BACHELOR OF LAWS bachelor of laws.See LL.B. BACK back,vb.1. To indorse; to sign the back of an instrument. 2. To sign so as to show acceptance or approval. 3. To sign so as to indicate financial responsibility for. 4.Hist. (Of a magistrate) to sign a warrant issued in one county to permit its execution in the signing magistrate's county. “[Although] the warrant of the judge of the Court of King's Bench extends over the whole realm, ... that of a justice of the peace cannot be executed out of his county, unless it be backed, that is, indorsed by a justice of the county, in which it is to be carried into execution. It is said, that formerly there ought in strictness to have been a fresh warrant in every fresh county, but the practice of backing warrants has long been observed, and was at last sanctioned by the statute 23 Geo. 2. c. 26. s. 2, and 24 Geo. 2. c. 55.” 1 Joseph Chitty, A Practical Treatise on the Criminal Law 45 (2d ed. 1826). BACKADATION backadation. See BACKWARDATION. BACKBEREND backberend (bak-ber-<<schwa>>nd). [Old English] Hist. 1.The bearing of stolen goods upon the back or about the person. • Backberend is sometimes modernized to backbearing. 2. A person caught carrying stolen goods. — Also spelled bacberende; backberinde. Cf. HANDHABEND. “Backberinde signifieth bearing upon the Back, or about a Man. Bracton useth it for a Sign or Circumstance of Theft apparent, which the Civilians call Furtum manifestum....” Giles Jacob, A New Law-Dictionary (8th ed. 1762). BACK CARRY back-carry,n.Hist. The crime of carrying, on one's back, unlawfully killed game. 420 B Black's Law Dictionary (8th ed. 2004) , Page 421 BACKDATE backdate,vb.1. To put a date earlier than the actual date on (something, as an instrument). • Under UCC § 3-113(a), backdating does not affect an instrument's negotiability. Cf. POSTDATE. 2. To make (something) retroactively valid. BACK DOOR TO BERNE back door to Berne.Copyright. A U.S. copyright owner's simultaneous publication of the copyrighted work in both the U.S. and Berne Convention countries in order to obtain Berne Convention protection. • This backdoor method was used before 1989, when the U.S. became a member of the Berne Convention. [Cases: Copyrights and Intellectual Property 34. C.J.S. Copyrights and Intellectual Property §§ 21, 92.] BACK-END LOAD back-end load.See load fund under MUTUAL FUND. BACKGROUND OF THE INVENTION background of the invention.Patents. In a U.S. patent application and any resulting patent, the section that identifies the field of art to which the invention pertains, summarizes the state of the art, and describes the problem solved by the invention. • The Background of the Invention section usu. includes two subsections: “Field of the Invention” and “Description of the Related Art.” A mistaken inclusion in this section of a reference that postdates the date of invention may be construed as an admission. [Cases: Patents 99. C.J.S. Patents § 139.] BACKHAUL ALLOWANCE backhaul allowance.See ALLOWANCE(1). BACKING backing. Endorsement, esp. of a warrant by a magistrate. See BACK(4). BACK-IN RIGHT back-in right.Oil & gas. A reversionary interest in an oil-and-gas lease entitling an assignor to a share of the working interest after the assignee has recovered specified costs from production. BACK LANDS back lands.Generally, lands lying away from — not next to — a highway or a watercourse. BACKPAY AWARD backpay award.A judicial or quasi-judicial body's decision that an employee or ex-employee is entitled to accrued but uncollected wages or benefits. — Sometimes shortened to backpay. BACKSPREAD backspread.Securities. In arbitrage, a less than normal price difference in the price of a 421 B Black's Law Dictionary (8th ed. 2004) , Page 422 currency or commodity. See ARBITRAGE; SPREAD(3). BACK TAXES back taxes.Taxes that, though assessed for a previous year or years, remain due and unpaid. BACK-TITLE LETTER back-title letter.A letter from a title insurer advising an attorney of the condition of title to land as of a certain date. • With this information, the attorney can begin examining the title from that date forward. BACK-TO-BACK LOAN back-to-back loan.See LOAN. BACK-TO-WORK AGREEMENT back-to-work agreement.A contract between a union and an employer covering the terms under which the employees will return to work after a strike. BACKWARDATION backwardation.Securities. A fee paid by the seller of securities so that the buyer will allow delivery after their original delivery date. — Also termed backadation; inverted market. BACKWARD INTEGRATION backward integration.See INTEGRATION(5). BACKWATER backwater. See WATER. BACULUS baculus (bak-y<<schwa>>-l<<schwa>>s orbak-<<schwa>>-l<<schwa>>s).Hist. A rod or staff used to symbolize the conveyance of unimproved land. See LIVERY OF SEISIN . See FESTUCA. BAD bad,adj. Invalid or void; legally unsound <bad service of process> <bad law>. BAD-BOY DISQUALIFICATION bad-boy disqualification.Securities. An issuer's disqualification from certain SEC-registration exemptions as a result of the issuer's securities-law violations. BAD-BOY PROVISION bad-boy provision.Securities. A statutory or regulatory clause in a blue-sky law stating that certain persons, because of their past conduct, are not entitled to any type of exemption from registering their securities. • Such clauses typically prohibit issuers, officers, directors, control 422 B Black's Law Dictionary (8th ed. 2004) , Page 423 persons, or broker-dealers from being involved in a limited offering if they have been the subject of an adverse proceeding concerning securities, commodities, or postal fraud. BAD CHARACTER bad character.A person's predilection toward evil. • In limited circumstances, proof of bad character may be introduced into evidence to discredit a witness. Fed. R. Evid. 608, 609. See character evidence under EVIDENCE. BAD CHECK bad check.See CHECK. BAD-CONDUCT DISCHARGE bad-conduct discharge.See DISCHARGE(8). BAD DEBT bad debt.See DEBT. BAD-DEBT LOSS RATIO bad-debt loss ratio.The ratio of uncollectible debt to a business's total receivables. BAD-DEBT RESERVE bad-debt reserve.See RESERVE. BAD FAITH bad faith,n.1. Dishonesty of belief or purpose <the lawyer filed the pleading in bad faith>. — Also termed mala fides (mal-<<schwa>> fI-deez). “A complete catalogue of types of bad faith is impossible, but the following types are among those which have been recognized in judicial decisions: evasion of the spirit of the bargain, lack of diligence and slacking off, willful rendering of imperfect performance, abuse of a power to specify terms, and interference with or failure to cooperate in the other party's performance.” Restatement (Second) of Contracts § 205 cmt. d (1979). 2.Insurance. An insurance company's unreasonable and unfounded (though not necessarily fraudulent) refusal to provide coverage in violation of the duties of good faith and fair dealing owed to an insured. • Bad faith often involves an insurer's failure to pay the insured's claim or a claim brought by a third party. 3.Insurance. An insured's claim against an insurance company for an unreasonable and unfounded refusal to provide coverage. Cf. GOOD FAITH. [Cases: Insurance 3335, 3379. C.J.S. Insurance §§ 1164, 1576–1577.] — bad-faith,adj. BAD-FAITH ENFORCEMENT bad-faith enforcement.Patents. 1. The filing of an infringement action by a patentee who knows that the accused product or process does not infringe or that the patent is invalid or unenforceable. 2. In an infringement action, a counterclaim alleging that at the time of filing suit, 423 B Black's Law Dictionary (8th ed. 2004) , Page 424 the patentee knew that the accused product or process does not infringe or that the patent is invalid or unenforceable. • A counterclaim for bad-faith enforcement arises under § 2 of the Sherman Act and under the common law of unfair competition.
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