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Difference between revisions of "Terminology"

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Terminology (view source)

Revision as of 12:23, 11 April 2013

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;Child Support Guidelines:A regulation to the federal ''Divorce Act'', adopted by each province except Quebec, that sets the amount of child support a parent or guardian must pay based on the person's income and the number of children involved.
;Child Support Guidelines:A regulation to the federal ''Divorce Act'', adopted by each province except Quebec, that sets the amount of child support a parent or guardian must pay based on the person's income and the number of children involved.
;circumstantial evidence:Evidence which doesn't prove a fact but allows a court to logically infer a fact; indirect proof of a fact. For example, a fixed amount of money deposited every two weeks into someone's bank account may allow the court to infer that the person has a job even though there is no direct evidence of that person's employment.
;circumstantial evidence:Evidence which doesn't prove a fact but allows a court to logically infer a fact; indirect proof of a fact. For example, a fixed amount of money deposited every two weeks into someone's bank account may allow the court to infer that the person has a job even though there is no direct evidence of that person's employment.
;civil action:A court proceeding other than a criminal curt proceedings. All family law court proceedings are civil actions.
;civil action:A court proceeding other than a criminal court proceedings. All family law court proceedings are civil actions.
;''Civil Marriage Act'':Federal legislation that expands the common law definition of spouse to include persons of the same gender, thereby allowing persons of the same sex to marry one another.
;''Civil Marriage Act'':Federal legislation that expands the common law definition of spouse to include persons of the same gender, thereby allowing persons of the same sex to marry one another.
;claim:The assertion of a legal right to an order or to a thing; the remedy or relief sought by a party to a court proceeding.
;claim:The assertion of a legal right to an order or to a thing; the remedy or relief sought by a party to a court proceeding.
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;clear title:Ownership of property without any debt, liens or claims being registered against the property. For example, owning a piece of land without a mortgage or a CPL on the property, or owning a car without a car loan. See "Certificate of Pending Litigation."
;clear title:Ownership of property without any debt, liens or claims being registered against the property. For example, owning a piece of land without a mortgage or a CPL on the property, or owning a car without a car loan. See "Certificate of Pending Litigation."
;coercion:The use of force or intimidation, whether emotional or physical, to compel another person to do something; interference with another person's freedom of choice to obtain an outcome, action or behaviour.
;coercion:The use of force or intimidation, whether emotional or physical, to compel another person to do something; interference with another person's freedom of choice to obtain an outcome, action or behaviour.
;cohabitation:Living with another person. Cohabitation in a "marriage-like relationship" is necessary to quality as "spouse" under the ''Family Law Act''. See "marriage-like relationship" and "spouse".
;cohabitation:Living with another person. Cohabitation in a "marriage-like relationship" is necessary to qualify as "spouse" under the ''Family Law Act''. See "marriage-like relationship" and "spouse".
;cohabitation agreement:An agreement signed by people who are or have begun to live together in a marriage-like relationship that is intended to govern their rights and obligations in the event of the breakdown of their relationship and, sometimes, their rights and obligations during their relationship. See "family law agreement".
;cohabitation agreement:An agreement signed by people who are or have begun to live together in a marriage-like relationship that is intended to govern their rights and obligations in the event of the breakdown of their relationship and, sometimes, their rights and obligations during their relationship. See "family law agreement".
;collaborative settlement processes:A dispute resolution process in which the parties to a legal dispute and their lawyers agree that they will make every effort to resolve the dispute through cooperative, transparent negotiations, with the assistance of counsellors and neutral experts in financial issues and children's issues as necessary, without going to court. See "alternative dispute resolution".
;collaborative settlement processes:A dispute resolution process in which the parties to a legal dispute and their lawyers agree that they will make every effort to resolve the dispute through cooperative, transparent negotiations, with the assistance of counsellors and neutral experts in financial issues and children's issues as necessary, without going to court. See "alternative dispute resolution".
;collusion:An agreement to do something with another person towards an illegal or harmful goal. In family law, the court must satisfy itself that there has been no collusion between the parties as to a ground of divorce before a divorce order will be made.  
;collusion:An agreement to do something with another person towards an illegal or harmful goal. In family law, the court must satisfy itself that there has been no collusion between the parties as to the ground of divorce before a divorce order will be made.  
;common law:The legal principle under which courts are bound to follow the principles established by previous courts in similar cases dealing with similar facts. The system of justice used in non-criminal cases in all provinces except Quebec.
;common law:The legal principle under which courts are bound to follow the principles established by previous courts in similar cases dealing with similar facts. The system of justice used in non-criminal cases in all provinces except Quebec.
;common-law marriage:A form of marriage without government or church licence, and often without ceremony, in which spouses acquired certain rights and obligations toward each other under the common law, and banned as a result of the 1753 English ''Marriage Act''. Common-law marriages have never been lawful in British Columbia. See "unmarried spouse".
;common-law marriage:A form of marriage without government or church licence, and often without ceremony, in which spouses acquired certain rights and obligations toward each other under the common law, and banned as a result of the 1753 English ''Marriage Act''. Common-law marriages have never been lawful in British Columbia. See "unmarried spouse".
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