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Difference between revisions of "Terminology"
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;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 | |||
;barrister | ;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 known by the Latin phrase male fides. | ||
;beneficiary:The person for whose benefit a trustee holds | ;Bar:In law, refers to both the physical railing separating the public gallery in a courtroom from the portion where the judge and lawyers sit and to lawyers as a group. | ||
;bill: | ;barrister and solicitor:A lawyer; a person licenced to practice law in a particular jurisdiction. In England "barristers" do trial work and "solicitors" draft legal documents. In Canada, lawyers are both barristers and solicitors. | ||
;binding: | ;bastard:A child of unmarried parents; an illegitimate child. Bastards used to be at a certain legal disadvantage, however the law has changed so that such children are treated equally with children born of a marriage. Bastard children are, for example, equally entitled to child support and access with both parents as legitimate children are. (The appearance of this definition below that of "Barrister and Solicitor" is purely coincidental.) | ||
;Bench:Refers to the court, judges as a group, and the place where a judge sits in a courtroom. | |||
;bona fide:A Latin phrase meaning | ;beneficiary:The person for whose benefit a trustee holds a trust; the recipient or intended recipient of property given in a Will. See "Heir," "Trust" and "Will." | ||
;breach of contract:Acting or | ;bigamy:Being married to more than one person at the same time, whether the marriage ceremonies were held separately or at the same time. This is a criminal offence in Canada, unlike Utah. Bigamous marriages, subsequent to the first marriage, are void ab initio. See "Ab Initio" and “Validity of Marriage.” | ||
;brief: | ;bill:In law, a lawyer's statement of account for services rendered to his or her client. Also, a piece of legislation presented to the legislature for its approval. See "Act" and "Lawyer's Fees." | ||
;business assets:In family law, | ;bill of costs:In British Columbia, an account prepared by a party who is awarded their costs of an action or application and presented to the other party for payment. A Bill of Costs is prepared according to a formula set out in the Supreme Court Family Rules. | ||
;binding:In law, a requirement or obligation to honour and abide by something, such as a contract or order of the court. A judge's order is "binding" in the sense that it must be obeyed or a certain punishment will be imposed. Also refers to the principle that a higher court's decision on a point of law must be adopted by a lower court. See "Contempt" and "Precedent." | |||
;bona fide:A Latin phrase meaning "in good faith;" doing something honestly and openly, without intending to mislead, deceive or harm someone else. | |||
;breach of contract:Acting or not acting in a manner contrary to the terms of an agreement. In family law, the breach of one party usually gives rise to a cause of action for the other party, but the breach is unlikely to allow the other party to treat the agreement as if it were cancelled or void. See "Abrogate." | |||
;brief:In law, a written argument; a memorandum of law. A brief is usually presented to a judge as a summary of an argument or the law on a particular issue. Curiously, briefs are rarely brief. | |||
;burden of proof:The obligation of a party to prove his or her case; the onus of proof. The burden of proof usually lies on the party who makes a claim, although in certain circumstances, usually by operation of statute, this burden is reversed. In civil litigation, a party must prove his or her case on the balance of probabilities. | |||
;business assets:In family law, assets owned either wholly or partly by one spouse relating to a company or corporation and not used for family purposes. Business assets are usually not subject to division between spouses, unlike family assets. See "Family Assets." | |||
==C== | ==C== | ||
