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Difference between revisions of "Terminology"
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;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: | ;case:In law, a law suit; an action; a cause of action; litigation. Also refers to historic decisions 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. | ||
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;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. | ||
