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Difference between revisions of "Terminology"

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Terminology (view source)

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==C==
==C==
;Charter of Rights and Freedoms:A part of the ''Constitution Act, 1981'' which sets out the fundamental rights and freedoms shared by all Canadians, including the freedoms of religion and expression and the rights to life and liberty. Neither the federal nor the provincial governments can pass laws or act in ways contrary to the ''Charter''. Certain sections of the ''Charter'', particularly the portions dealing with equality rights, have a special importance for family law. For example, the way that the provincial ''Family Relations Act'' treats unmarried and married couples differently for the purposes of dividing their assets may be contrary to equality guarantees set out in the ''Charter''.
;Charter of Rights and Freedoms:A part of the ''Constitution Act, 1981'' which sets out the fundamental rights and freedoms shared by all Canadians, including the freedoms of religion and expression and the rights to life and liberty. Neither the federal nor the provincial governments can pass laws or act in ways contrary to the ''Charter''. Certain sections of the ''Charter'', particularly the portions dealing with equality rights, have a special importance for family law. For example, the way that the provincial ''Family Relations Act'' treats unmarried and married couples differently for the purposes of dividing their assets may be contrary to equality guarantees set out in the ''Charter''.
;Case:A law suit. an action. a cause of action. an instance of litigation. Also refers to a historic decision of the court.
;case:A law suit. an action. a cause of action. an instance of litigation. Also refers to a historic decision of the court.
;Certificate of Pending Litigation (CPL):A document filed in the Land Title and Survey Authority against the title of a piece of real property stating that the property is the subject of litigation and that ownership of the property may change as a result. In family law, a CPL is used to protect the interest of a spouse in a piece of property by prenting the property from being sold or remortgaged.
;Certificate of Pending Litigation (CPL):A document filed in the Land Title and Survey Authority against the title of a piece of real property stating that the property is the subject of litigation and that ownership of the property may change as a result. In family law, a CPL is used to protect the interest of a spouse in a piece of property by prenting the property from being sold or remortgaged.
;Chattel:An item of personal property. Distinguished from real property in the sense that chattels can be picked up and taken from place to place, but real property cannot.
;chattel:An item of personal property. Distinguished from real property in the sense that chattels can be picked up and taken from place to place, but real property cannot.
;Child Support:Money paid by one parent to the other to help defray a child's living expenses. Also known as maintenance and palimony.
;child support:Money paid by one parent to the other to help defray a child's living expenses. Also known as maintenance and palimony.
;Child Support Guidelines:A federal regulation which sets out the amount of child support a party must pay based on the party's income and the number of children involved and provides rules about the calculation of child support. The tables that set out the amount of support payable differ from province to province.
;Child Support Guidelines:A federal regulation which sets out the amount of child support a party must pay based on the party's income and the number of children involved and provides rules about the calculation of child support. The tables that set out the amount of support payable differ from province to province.
;Claim:The assertion of a legal right to something, whether to an order or to a thing. the relief sought by one party against the other.
;claim:The assertion of a legal right to something, whether to an order or to a thing. the relief sought by one party against the other.
;Claimant:The person who starts a legal action seeking orders against another party, the Respondent. Formerly known as the Plaintiff.
;claimant:The person who starts a legal action seeking orders against another party, the Respondent. Formerly known as the Plaintiff.
;Clear Title:Ownership of property free of any debt registered against the property. For example, owning a piece of land without a mortgage, or owning a car without a car loan.
;clear title:Ownership of property free of any debt registered against the property. For example, owning a piece of land without a mortgage, or owning a car without a car loan.
;Coercion:The use of force or intimidation to compel someone to do something. interference with another person's freedom of choice. For example, saying "sign this separation agreement or you'll never see your children again."
;coercion:The use of force or intimidation to compel someone to do something. interference with another person's freedom of choice. For example, saying "sign this separation agreement or you'll never see your children again."
;Cohabitation:Living with another person in a "marriage-like relationship" while legally unmarried. shacking up. living in sin. playing house.
;cohabitation:Living with another person in a "marriage-like relationship" while legally unmarried. shacking up. living in sin. playing house.
;Collusion:An agreement to do something with another person towards an illegal goal.
;collusion:An agreement to do something with another person towards an illegal goal.
;Common Law:This phrase has a number of different meanings such as 1) a legal principle under which courts are bound to follow the principles established by previous courts in similar cases dealing with similar facts, 2) the system of justice used in non-criminal cases in all provinces except Quebec, and 3) the legal status of an unmarried couple who qualify as "spouses" under any particular law, such as the ''Family Relations Act''.
;common law:This phrase has a number of different meanings such as 1) a legal principle under which courts are bound to follow the principles established by previous courts in similar cases dealing with similar facts, 2) the system of justice used in non-criminal cases in all provinces except Quebec, and 3) the legal status of an unmarried couple who qualify as "spouses" under any particular law, such as the ''Family Relations Act''.
;Competent:In law, having the capacity or ability or authorization to do a thing. A person who is competent to give evidence is sane and able to understand the issues and results of his or her evidence. A court which has competent jurisdiction has the authority to deal with the issues in a case and has authority over the parties to that case.
;Competent:In law, having the capacity or ability or authorization to do a thing. A person who is competent to give evidence is sane and able to understand the issues and results of his or her evidence. A court which has competent jurisdiction has the authority to deal with the issues in a case and has authority over the parties to that case.
;Conclusion of Fact:A judge's decisions as to what the facts of a case are, based on the evidence he or she has heard and his or her evaluation of the credibility of the witnesses giving that evidence.
;Conclusion of Fact:A judge's decisions as to what the facts of a case are, based on the evidence he or she has heard and his or her evaluation of the credibility of the witnesses giving that evidence.
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;Contract Law:The branch of law dealing with the interpretation and enforcement of contracts. The principles of contract law are not always applicable to family law agreements.
;Contract Law:The branch of law dealing with the interpretation and enforcement of contracts. The principles of contract law are not always applicable to family law agreements.
;Corollary Relief:In an action for an order for divorce this term refers to all relief apart from the divorce order. For example, one might sue for a divorce as well as custody of the children. the part of the action relating to custody is the corollary relief.
;Corollary Relief:In an action for an order for divorce this term refers to all relief apart from the divorce order. For example, one might sue for a divorce as well as custody of the children. the part of the action relating to custody is the corollary relief.
;Costs:A party's legal expenses stemming from a legal action, calculated under the rules of court. A party's costs are not the same as his or her lawyer's account. The party to an action who is more successful than the other is usually awarded his or her costs of the action.
;costs:A party's legal expenses stemming from a legal action, calculated under the rules of court. A party's costs are not the same as his or her lawyer's account. The party to an action who is more successful than the other is usually awarded his or her costs of the action.
;Counterclaim Form F5:A legal document required by the Supreme Court Family Rules setting out the relief claimed by a Respondent against a Claimant.
;Counterclaim Form F5:A legal document required by the Supreme Court Family Rules setting out the relief claimed by a Respondent against a Claimant.
;Court of Appeal:The highest level of court in British Columbia, having the jurisdiction to review decisions of the Supreme Court, all provincial lower courts and all provincial tribunals.
;Court of Appeal:The highest level of court in British Columbia, having the jurisdiction to review decisions of the Supreme Court, all provincial lower courts and all provincial tribunals.
;Covenant:A promise to do or not do a particular thing.
;Covenant:A promise to do or not do a particular thing.
;Cross-Examination:The portion of a trial where a party asks questions of a witness presented by the other party to challenge his or her evidence and truthfulness. The questions asked of the witness must be relevant to the issues and may be "leading," that is, the question may suggest the answer.
;Cross-Examination:The portion of a trial where a party asks questions of a witness presented by the other party to challenge his or her evidence and truthfulness. The questions asked of the witness must be relevant to the issues and may be "leading," that is, the question may suggest the answer.
;Custody:In family law, this term traditionally refers party with whom the child lives and at whose home the child eats and sleeps for the majority of the time. The concept of "primary residence" is overtaking this meaning of custody, particularly in circumstances where the parties share joint custody and joint guardianship of the children.
;custody:In family law, this term traditionally refers party with whom the child lives and at whose home the child eats and sleeps for the majority of the time. The concept of "primary residence" is overtaking this meaning of custody, particularly in circumstances where the parties share joint custody and joint guardianship of the children.
==D==
==D==
;Damages:An award of money payable by one party to the other, usually as compensation for loss or harm suffered as a result of the other party's actions or failures to act. In family law, damages may be awarded to remedy a tort claim or a breach of contract.
;Damages:An award of money payable by one party to the other, usually as compensation for loss or harm suffered as a result of the other party's actions or failures to act. In family law, damages may be awarded to remedy a tort claim or a breach of contract.
Drew Jackson
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