Battle of the forms, Bearer, Below, Bench, Bench memorandum

Battle of the forms n. The conflict between the incompatible terms in preprinted standardized forms exchanged by a buyer and seller while negotiating a contract.

Bearer n. A person in possession of a negotiable instrument, document of title, security, or other similar document that is marked "payable to bearer" or is indorsed in blank. Depending upon its nature, the document is called a bearer bond, bearer instrument, bearer paper, or the like and, if it is for the payment of money, it is said to be payable to bearer.

Below adv. 1 Later in the same document. 2 Of or in a court whose decision can be appealed. For example, when referring to a lower court's decision, an appellant court may rule that "the decision below" is affirmed or reversed.

Bench n. 1 Judges collectively or of a particular court. 2 The area in the courtroom where the judge sits.

Bench memorandum n. A short memorandum summarizing the facts, issues, and arguments in a case, prepared either by a judge's law clerk or by the lawyers in the case, for the judge to use when preparing for trail, for hearing the lawyers' oral arguments, or in drafting a decision.

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