BILL
A declaration in writing. A document listing separate
items. An itemized account of charges or costs.
In EQUITY practice, the first PLEADING in the
action, the paper in which the plaintiff sets out his
or her case and demands relief from the defendant.
Many states require that laws must be passed
by their state legislatures in the form of a bill.
For example, the Texas Constitution requires
that “no law shall be passed, except by bill, and
no bill shall be so amended in its passage through either House, as to violent change its
original purpose.” Tex. Const. art. III, § 30. Likewise,
the California Constitution may not make
any law except by statute and may not make any
statute except by bill. Cal. Const. art. IV, § 8(b).
In some instances, however, a joint resolution
that is enacted in the same manner as a bill may
have the same force of law as a statute enacted
through the passage of a bill.
A bill of indictment is a formal written document
accusing someone of having committed a
crime. It is presented to a GRAND JURY for its
consideration and decision whether to act on it.
A BILL OF RIGHTS is a formal declaration that
the people have certain rights and liberties.
Rights are often asserted when there is a change
in government, and a bill of rights has been
included in the federal and many state constitutions
in the United States.
A bill of particulars itemizes all the facts
making up a claim asserted in a lawsuit. It is
delivered to the opposing party in order to
sharpen the issues in dispute. A bill of review
lists errors alleged to have been made by a trial
court. It is presented to a court that has jurisdiction
to correct those errors or reverse the decision.
A bill of costs is a certified, itemized statement
of expenses incurred by the successful
party in a lawsuit. Courts are generally empowered
to order the losing party to reimburse the
winning party for some or all of these expenses.
A bill of sale is a writing that lists property
exchanged in a bargain for money or something
else of value.
A bill corresponds to the declaration made
by the plaintiff when beginning a common-law
action. Modern rules of pleading have merged
the procedures for handling cases at law and in
equity, and the modern equivalent of both the
bill in equity and the declaration at law is the
complaint.
