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Difference between revisions of "Terminology"
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;Charter of Rights and Freedoms: | ;calendar days:A method of calculating time under which the days for a legal deadline are counted as they appear in the calendar, including weekends and holidays. See "Clear Days." | ||
;case:In law, a law suit | ;Canadian Charter of Rights and Freedoms:Also known as the Charter, the part of the Constitution Act, 1982 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 the equality guarantees set out in the Charter. | ||
;certificate of | ;case:In law, a law suit/ an action/ a cause of action/ litigation. Also refers to historic decisions of the court. See "Action" and "Precedent." | ||
;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, | ;case at Bar:The case presently before the court/ the case being argued. | ||
;cause:In law, a law suit, an action, a cause of action. Also, the wrongful act of another which gives rise to a claim for relief. See "Action." | |||
;cause of action:A claim in law against a party based on particular facts/ the wrongful act of another which gives rise to a claim for relief. For example, one spouse's adultery gives rise to the other spouse's right to claim for a divorce/ the adulterous act is the other spouse's cause of action for the divorce claim. | |||
;certificate of costs:A document endorsed by a Master or Registrar stating the amount owed as "costs" by one party to the other after a trial, usually issued following a hearing to "settle" the amount of the costs justly owed. A Certificate of Costs is equivalent to a judgment of the Supreme Court and can be used to enforce payment of the costs owed just like a judgment debt. | |||
;certificate of fees:A document endorsed by a Master or Registrar stating the amount a client owes to his or her lawyer, issued following a hearing to "tax" a lawyer's bill and determine what portion of the lawyer's bill was reasonable and is properly owed to or refundable by that lawyer. | |||
;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/ formerly called a lis pendens. In family law, a CPL is used to protect the interest of one party in a piece of property owned by the other party by notifying potential purchasers or mortgagees about the litigation and the posibility that the property might change hands. See also "Clear Title," "Encumbrance" and "Real Property." | |||
;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, whereas of real property is immovable. See also "Real Property." | |||
;child support:Money paid by one parent to the other to help defray a child's living expenses. Also known as maintenance and palimony. | ;child support:Money paid by one parent to the other to help defray a child's living expenses. Also known as maintenance and palimony. | ||
;Child Support Guidelines:A federal regulation which sets out the amount of child support a | ;Child Support Guidelines:A federal regulation which sets out the amount of child support a parent must pay based on the parent's income and the number of children involved, and provides rules about the calculation of child support. The tables that set out the basic amount of support payable differ from province to province. | ||
;claim:The assertion of a legal right to something, whether to an order or to a thing | ;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. | ||
;claimant:The person who starts a legal action seeking | ;civil action:A non-criminal law suit. All family law actions are civil actions. | ||
;clear title:Ownership of property | ;Civil Marriage Act:A piece of federal legislation that expands the common law definition of spouse to include persons of the same gender. | ||
;coercion:The use of force or intimidation to compel | ;claim:The assertion of a legal right to something, whether to an order or to a thing/ the relief sought by one party against the other. | ||
;cohabitation:Living with another person in a "marriage-like relationship" while legally unmarried | ;claimant:The person who starts a legal action seeking an order for certain relief against another person, the Respondent. See “Action” and “Respondent.” | ||
;collusion:An agreement to do something with another person towards | ;clear days:A method of calculating time under which the days for an action to occur are counted by excluding the first day and the last day in the period. For example, a court order obtained on Monday that says that some can apply to vary the order on "two clear days' notice" means that the soonest the person could apply is Thursday. Monday, the day the order was obtained, is exluded. Tuesday is the first clear day/ Wednesday is the second and last clear day. Thursday is the first day after the end of the clear day period. See "Calendar Days." | ||
;common law:This phrase has a number of different meanings | ;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." | ||
;competent:In law, having the capacity | ;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. For example, saying "sign this separation agreement or you'll never see your children again." | ||
;conclusion of fact:A judge's decisions as to what the facts of a case are, based on the evidence he or she has heard and his or her evaluation of the credibility of the witnesses giving | ;cohabitation:Living with another person in a "marriage-like relationship" while legally unmarried/ shacking up/ living in sin/ playing house. See also "Marriage-like Relationship" and "Spouse." | ||
;conclusion of law:A judge's decision | ;collusion:An agreement to do something with another person towards a usually illegal 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. For example, spouses might collude to get a divorce by agreeing that would one them would have an affair in order to claim a divorce on the ground of adultery. | ||
;common law:This phrase has a number of different meanings: 1) a legal principle under which courts are bound to follow the principles established by previous courts in similar cases dealing with similar facts/ 2) the system of justice used in non-criminal cases in all provinces except Quebec/ and, 3) the legal status of an unmarried couple who have cohabited for longer than two years in a marriage-like relationship. See "Marriage-Like Relationship." | |||
;competent:In law, having the capacity, ability or authorization to do a thing. A person who is competent to give evidence is sane and able to understand the issues and results of his or her evidence. A court which has jurisdictional competence is a court with the authority to deal with the issues in a case and authority over the parties to that case. | |||
;compulsion:See "Coercion" and "Duress." | |||
;conclusion of fact:A judge's decisions as to what the facts of a case are, based on the evidence he or she has heard and his or her evaluation of the credibility of the witnesses giving the evidence. See also "Evidence," "Question of Fact" and "Witness." | |||
;conclusion of law:A judge's decision as to how the law, both statute law and common law, should be applied to the facts of a particular case. See also "Common Law," "Conclusion of Fact," "Question of Law" and "Legislation." | |||
;concur:To agree. | ;concur:To agree. | ||
;concurrent:Happening or existing at the same time. Two courts | ;concurrent:Happening or existing at the same time. Two courts with concurrent jurisdiction, for example, have the jurisdiction to hear the same case and deal with the same issues. | ||
;condonation:Forgiving | ;condonation:Forgiving the wrongful or harmful act of another. In family law, usually refers to the forgiving of an act of adultery or cruelty and the continuation of the parties' relationship as it had been before. For example, if one party forgives another's adultery and their relationship continues on, that party has condoned the other party's adulterous act. See also "Adultery," "Cruelty, Mental or Physical" and "Divorce, Grounds of." | ||
;conjugal rights:A | ;conjugal rights:A somewhat outdated idea involving each spouse’s entitlement to the benefits of the different aspects of married life from the other, including the comforts of living together, eating at the same table, sympathy, mutual confidence, sex, and so forth. | ||
;connivance: | ;connivance:Intentionally causing or permitting a wrongful act to obtain a goal. In family law, consipiring towards the adultery of the other spouse for the purpose of claiming adultery as a ground of divorce. A divorce will not be granted where connivance as to the ground of divorce relied on is found. See “Adultery,” “Collusion," "Condonation” and “Divorce, Grounds of.” | ||
;consanguinity:Being related to another person by blood. For a marriage to be valid, the parties must not be within the prohibited degrees of consanguinity | ;consanguinity:Being related to another person by blood. For a marriage to be valid, the parties must not be within the prohibited degrees of consanguinity or adoption. See “Marriage” and “Validity of Marriage.” | ||
;consent:Agreement | ;consent:Agreement/ making a choice of one’s own free will. | ||
;consortium:The marital relationship between spouses, specifically the right of each spouse to the company and aid of the other. See “Conjugal Rights.” | |||
;consortium:The marital relationship between spouses, specifically the right of each spouse to the company and aid of the other. | ;conspiracy:The agreement of two or more people to perform an unlawful act or to do a lawful act by unlawful means. A conspirator is a party to a conspiracy. See “Lawful.” | ||
;conspiracy:The agreement | ;constitution:The rules which set out the political and legal organization of a state. The power and authority of the governments and the courts, as well as their limits, stem from the constitution. In Canada, there are two primary constitutional documents, the Constitution Act, 1867and the Constitution Act, 1982. TheCharter of Rights and Freedoms is Part 1 of the Constitution Act, 1982. | ||
;constitution:The rules which set out the political and legal organization of a state. The power and authority of the | ;construction:In law, the interpretation of something, like a document or a set of circumstances, so as to give it meaning. For example, if a separation agreement stated that one parent “will have the children on Monday, Tuesday and Friday” but didn’t say anything about the other parent, the agreement would likely be "constructed" to mean that the other parent would have the children on the remaining days. | ||
;construction:In law, the interpretation of something, like a document or a set of circumstances, so as to give it meaning. For example, if a separation agreement stated that one parent | ;constructive trust:In family law, the finding by a court that one of the parties to a relationship, whether married or unmarried, holds a portion of his or her assets for the benefit of the other party without an express agreement to that effect between the parties. For a court to make this finding, it must be satisfied that one party has been deprived of something (time, labour, money and so forth) to the unfair benefit of the other party with no legal reason for that deprivation. See “Resulting Trust” and “Trust.” | ||
;constructive trust:In family law, a | ;contempt of court:Doing something or failing to do something which impairs the administration of justice or respect for the court’s authority. For example, bribing a witness, disobeying a court order or misleading the court. Contempt of court can be a civil offence as well as a criminal offence. | ||
;contempt of court:Doing something or failing to do something which impairs the administration of justice or respect for the court’s authority. For example bribing a witness, disobeying a court order or misleading the court. Contempt of court | ;contingency fees:An arrangement where a lawyer is paid by taking a percentage of the money awarded to his or her client by the court or a settlement. Contingency fee agreements are not allowed in family matters, although sometimes a lawyer will agree to be paid from the assets held by a party following the final resolution of an action, such as the proceeds of the sale of a family asset. See “Account,” “Lawyer’s Fees” and “Retainer.” | ||
;contract:An agreement by two or more people which gives them | ;continuance:The continued hearing of an application or trial following a partial hearing at an earlier date. See “Adjournment.” | ||
;contract:An agreement by two or more people which gives them mutual obligations towards each other. A valid contract must be offered by one person and accepted by the other, and some form of payment or other thing of value must generally be exchanged between the parties to the contract. See “Family Agreements” and “Separation Agreements.” | |||
;contract law:The branch of law dealing with the interpretation and enforcement of contracts. The principles of contract law are not always applicable to family law agreements. | ;contract law:The branch of law dealing with the interpretation and enforcement of contracts. The principles of contract law are not always applicable to family law agreements. | ||
;corollary relief:In an action for an order for divorce this term refers to all relief apart from the divorce order. For example, one might sue for a divorce as well as custody of the children | ;corollary relief:In an action for an order for divorce, this term refers to all relief apart from the divorce order. For example, one might sue for a divorce as well as custody of the children/ the part of the action relating to custody is the corollary relief. See “Action,” “Order” and “Relief.” | ||
;costs:A | ;corporal punishment:In family law, the physical punishment of a child by a parent or other authorized person. Corporal punishment is permitted under the Criminal Code, but only to a certain extent and only by certain persons, including parents and teachers. | ||
; | ;costs:A party’s legal expenses, stemming from a legal action, as determined by the Supreme Court Family Rules. A party’s “costs” are not the same as his or her lawyer’s account, and usually amount to about a third to half of that account. The party to an action who is more successful than the other is usually awarded their “costs” of the action. See “Account,” “Bill of Costs,” “Certificate of Costs” and “Lawyer’s Fees." | ||
;Court of Appeal:The highest level of court in | ;counsel:A lawyer, a barrister and solicitor. Also, the advice given by a lawyer to his or her client. | ||
;covenant:A promise to do or not do a particular thing. | ;counterclaim:A court document setting out a claim for relief made by a Respondent against a Claimant. See “Notice of Family Claim” and “Response to Family Claim.” | ||
;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 | ;Court of Appeal:The highest level of court in this province, having the jurisdiction to review decisions of the Supreme Court, all provincial lower courts and certain tribunals. See “Appeal.” | ||
;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 | ;covenant:A promise to do or not do a particular thing. See “Contract,” “Family Agreements” and “Separation Agreement.” | ||
;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. See “Examination-in-Chief,” “Evidence” and "Leading Question." | |||
;Crown:In law, the federal and provincial governments and their departments and agencies. Also, lawyers employed by the government to prosecute criminal offences. | |||
;cruelty:In family law, the physical, verbal, emotional or mental abuse of one spouse by the other. See "Divorce, Grounds of." | |||
;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 slowly overtaking this meaning of custody, particularly in circumstances where the parties share joint custody and joint guardianship of the children. See also “Access,” “Guardianship” and “Primary Residence." | |||
==D== | ==D== | ||
