Difference between revisions of "Terminology"

;Sale:An agreement to transfer the owenership of an asset from one person to another in exchange for the reciprocal transfer of something else, usually money. See "Agreement" and “Real Property.”

;Same-Sex Couple:An unmarried, common-law or married couple composed of two persons of the same gender. Same-sex couples have, at law, an identical standing with straight couples.

;Senility:See "Disability" and "Non Compos Mentis."

;Separation:In family law, the decision of one or both parties to terminate a married or common-law relationship; spouses living apart from each other on the basis that their relationship has ended; the act of one person leaving the matrimonial home to live somewhere else. There is no such thing as a "legal separation." In general, one separates by simply moving out, however there are circumstances where spouses can be separated but still live under the same roof. See "Divorce, Grounds of" and "Matrimonial Home."

;Separation Agreement:A contract intended to resolve all or some of the issues outstanding following the breakdown of a relationship, intended to guide the parties in their dealings with one another thereafter. A typical separation agreement is arrived at after negotiations between both parties' lawyers and can deal with issues like custody, guardianship, access, support and the division of assets. See “Family Law Agreements.”

;Service, Affidavit of:An affidavit produced by someone who has served a party with a legal document stating that the party was served. This may be essential to prove personal service, particularly if the serving party intends to seek a default judgment, as is usually the case in a desk order divorce action. See “Default Judgment,” "Ordinary Service" and “Personal Service.”

;Service, Substituted:Personal service in a way other than prescribed by the Supreme Court Family Rules as may be authorized by an order of the court. If a Respondent cannot be served (if he or she is hiding, refusing service or cannot be located, for example), the court may permit a Claimant to serve the other party “substitutionally,” by means including an ad in the legal notices section of a newspaper’s classified ads or posting the document in the court registry. See also “Personal Service.”

;Service ex Juris:Service of legal documents on someone living outside of British Columbia. See "Personal Service."

;Settlement:An agreed resolution of one or more matters at issue in an action or potential action, made by and between the parties as opposed to resolution of the matter by the court following a trial or hearing. See “Action” and “Offer.”

;Spousal Support Advisory Guidelines:An academic paper released by the federal Department of Justice in January 2005 that describes a variety of mathematic formulas that can be applied to determine how much spousal support should be paid and how long spousal support should be paid for, once a spouse has been found to be entitled to receive support. The Advisory Guidelines are not a law.

;Spouse:According to the Divorce Act, a spouse is a party to a marriage involving two people of different genders. Under the Family Relations Act the term also includes same-sex couples and unmarried couples who have lived together in a marriage-like relationship for a period of at least two years. As each act deals with different issues, it is important to be aware of how each act defines this term. See "Common Law," "Marriage" and "Marriage-Loke Relationship."

;Stare Decisis:A Latin phrase meaning “standing by the thing decided.” Refers to the common law principle that courts are obliged to follow the decisions of the courts before them, known as “precedent.” See “Common Law” and “Precedent.”

;Status Quo:A Latin phrase meaning “the state that was;” refers to whatever circumstances or conditions previously existed, or which presently exist and have existed for some time.

;Statute:See "Act."

;Subpoena:A legal document issued either by a court or by a party pursuant to the Supreme Court Family Rules which compels someone to attend court to give evidence as a witness, and, sometimes, to produce a specific document. Failure to obey a subpoena may constitute contempt of court. See “Contempt of Court,” “Evidence” and “Witness.”

;Suit:In law, a law suit, a legal action, a court proceeding, a case; a Claimant's claim against a Respondent. In fashion, something Moore's doesn't make particularly well. See “Action.”