Difference between revisions of "Terminology"

;Ab Initio:A Latin phrase meaning "from the beginning." A marriage which is unlawful is void ''ab initio'', as if it never happened.

;Abduction:The taking of a person by force or fraud. In family law, the taking of a child contrary to a court order or without the other parent's permission. In certain circumstances, this may also be a criminal act.

;Assess:To determine the value or amount of something. A lawyer's bill may be assessed by a registrar to determine the proper amount the client should pay. a piece of property may be "assessed" to determine its likely sale price.

;Assign:To transfer an interest or right in something, such as property or a cause of action, to someone else.

;Bad Faith:Intentionally misleading someone else, whether by doing or not doing something. acting in a manner contrary to one's actual intention. an intentional failure to act honestly and openly. Also called ''male fides''.

;Barrister & Solicitor:A lawyer. a person licenced to practice law in a particular jursidiction. In England barristers do trial work and solicitors draft legal documents. In Canada, lawyers are both barristers and solicitors.

;Brief:A written argument. a memorandum of law. A brief is usually presented to a judge as a summary of an argument or a summary of the law on a particular issue.

;Business Assets:In family law, property owned by a spouse's company or corporation and not used for family purposes. Business assets are not usually subject to division between spouses, unlike family assets.

;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.