Anonymous

Difference between revisions of "Terminology"

From Clicklaw Wikibooks
117 bytes removed ,  15:09, 12 May 2013
Line 215: Line 215:
;Family Law Act Regulation:A provincial regulation that prescribes the training necessary to work as a family law mediator, a family law arbitrator and a parenting coordinator and adapts the federal Child Support Guidelines for the purpose of the ''Family Law Act''. See "Child Support Guidelines" and "''Family Law Act'' ."
;Family Law Act Regulation:A provincial regulation that prescribes the training necessary to work as a family law mediator, a family law arbitrator and a parenting coordinator and adapts the federal Child Support Guidelines for the purpose of the ''Family Law Act''. See "Child Support Guidelines" and "''Family Law Act'' ."
;family law agreement:An agreement between two or more persons about family law issues that have arisen or made arise, dealing with their respective rights and obligations to one another, which the parties expect will be binding on them and be enforceable in court. Typical family law agreements include marriage agreements, cohabitation agreements and separation agreements.
;family law agreement:An agreement between two or more persons about family law issues that have arisen or made arise, dealing with their respective rights and obligations to one another, which the parties expect will be binding on them and be enforceable in court. Typical family law agreements include marriage agreements, cohabitation agreements and separation agreements.
;family law arbitrator:A lawyer or another person with special training in the arbitration of family law disputes meeting the training and experience requirements set out in the provincial Family Law Act Regulation. See "arbitration."
;family law arbitrator:A lawyer or another person with special training in the arbitration of family law disputes who meets the training and experience requirements set out in the provincial Family Law Act Regulation. See "arbitration."
;family law mediator: A lawyer or another person with special training in the mediation of family law disputes meeting the training and experience requirements set out in the provincial Family Law Act Regulation. See "mediation."
;family law mediator: A lawyer or another person with special training in the mediation of family law disputes who meets the training and experience requirements set out in the provincial Family Law Act Regulation. See "mediation."
;family property:A term under the ''Family Law Act'' referring to property acquired by either or both spouses during their relationship and after separation, if bought with family property. Both spouses are presumed to be equally entitled to share in family property. See "excluded property."  
;family property:A term under the ''Family Law Act'' referring to property acquired by either or both spouses during their relationship and after separation, if bought with family property. Both spouses are presumed to be equally entitled to share in family property. See "excluded property."  
;''Family Relations Act'':Provincial legislation, now repealed except for certain lingering effects involving the division of property, that dealt with custody, guardianship, access, child support, spousal support and, for married spouses, the division of family assets. See "''Family Law Act''."
;''Family Relations Act'':Former provincial legislation that dealt with custody, guardianship, access, child support, spousal support and, for married spouses, the division of family assets. Now repealed except for certain lingering effects involving the division of property. See "''Family Law Act''."
;final judgment:A judge's decision that finally determines some or all of the claims in a court proceeding, following which there is no other recourse open to a dissatisfied party except an appeal. See "decision."
;final judgment:A judge's decision that finally determines some or all of the claims in a court proceeding, following which there is no other recourse open to a dissatisfied party except an appeal. See "decision."
;Financial Statement:A legal document required by the rules of court in which a party to a court proceeding involving child support, spousal support, the division of property or the division of debt must describe his or her income, expenses, assets and liabilities under oath or affirmation. See "affirm," "oath," and "perjury."
;Financial Statement:A legal document required by the rules of court in which a party to a court proceeding involving child support, spousal support, the division of property or the division of debt must describe his or her income, expenses, assets and liabilities under oath or affirmation. See "affirm," "oath," and "perjury."
;finding:A conclusion made by a judge, which determines a point of law or a disputed fact.
;finding:A conclusion made by a judge, which decides a point of law or a disputed fact.
;finding of fact:A judge’s conclusion about the facts in a court proceeding, made after hearing all the evidence. See "decision" and "question of fact."
;finding of fact:A judge’s conclusion about the facts in a court proceeding, made after hearing all the evidence. See "decision" and "question of fact."
;finding of law:A judge’s conclusion about the law to be applied to the facts in a court proceeding, or how the law should be applied to the facts in a proceeding, made after hearing the parties' arguments on the applicable law. See "decision" and "question of law."
;finding of law:A judge’s conclusion about the law to be applied to the facts in a court proceeding, or how the law should be applied to the facts in a proceeding, made after hearing the parties' arguments on the applicable law. See "decision" and "question of law."
;fornication:Sex between two unmarried people. No longer a criminal offence in Canada though it remains an offence in some American states. See "adultery."
;fornication:Sex between two unmarried people. No longer a criminal offence in Canada, thankfully, although it remains an offence in certain American states. See "adultery."
;forum:In law, a particular court or level of court, sometimes used in reference to the court's jurisdiction.
;forum:In law, a particular court or level of court, sometimes used in reference to the court's jurisdiction over a particular issue.
;foster care:A home where a child lives other than with his or her natural or adoptive parents. Such a situation usually arises when the child welfare authorities have apprehended a child or when a child's parents voluntarily give the child up. See "apprehension."
;foster care:A home where a child lives other than with his or her natural or adoptive parents. Such a situation usually arises when the child welfare authorities have apprehended a child or when a child's parents voluntarily give the child up. See "apprehension."
;foster parent:An adult charged with the care of a child who is not his or her own natural or adoptive child, usually in the position of a guardian to the child, who receives money in exchange for caring for the child. See "apprehension" and "guardian."
;foster parent:An adult charged with the care of a child who is not his or her own natural or adoptive child, usually in the position of a guardian to the child, who receives money in exchange for caring for the child. See "apprehension" and "guardian."
;friend of the court:A lawyer present during a court proceeding who does not act for any of the parties and assists or brings relevant information to the attention of the presiding judge.
;frivolous and vexatious:A term under the provincial ''Supreme Court Act'' describing court proceedings or applications brought by a litigant that are clearly unsupported by the evidence or the law. Such behaviour is considered to be a nuisance to other parties to those proceedings and a waste of the court’s time, and may result in an order preventing the litigant from taking further legal steps without permission from the court. See "action" and "litigant."
;frivolous and vexatious:A term under the provincial ''Supreme Court Act'' describing the court proceedings or applications of a litigant that are clearly unsupported by the evidence or by the law. Such behaviour is considered to be a nuisance to the respondent and a waste of the court’s time and may result in an order preventing the litigant from taking further legal steps without permission from the court. See "action" and "litigant."
;frustration:In contract law, the inability to complete or fulfill a contract, whether intentional or unintentional; the intentional interference with a person's rights under a contract or court order. In family law, the motivation for an application for annulment based on non-consummation of the marriage. A contract that cannot be completed or fulfilled is said to be "frustrated."
;frustration:In contract law, the inability to complete or fulfill a contract, whether intentional or unintentional; the intentional interference with a person's rights under a contract or court order. In family law, the motivation for an application for annulment based on non-consummation of the marriage. A contract that cannot be completed or fulfilled is said to be "frustrated."