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Difference between revisions of "Terminology"

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Terminology (view source)

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;case at bar:The case presently before the court; the case being argued.
;case at bar:The case presently before the court; the case being argued.
;case law:The law as is established and developed by the decisions made in each court proceeding. See "common law."
;case law:The law as is established and developed by the decisions made in each court proceeding. See "common law."
;cause:In law, a lawsuit; 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."
;cause:In law, a lawsuit, an action, or a cause of action; the wrongful act of another which gives rise to a claim for relief. See "action," "cause of action."
;cause of action:The behaviour of a person that gives rise to a claim for relief. For example, a spouse's adultery gives rise to the other spouse's right to claim a divorce. The adulterous act is the cause of action for the divorce claim.
;cause of action:The behaviour of a person that gives rise to a claim for relief. For example, a spouse's adultery gives rise to the other spouse's right to claim a divorce. The adulterous act is the 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 a judgment of the Supreme Court and enforced as like a judgment debt.
;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 a judgment of the Supreme Court and enforced as 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 "assess" or "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. See "account."
;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 "assess" or "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. See "account."
;Certificate of Pending Litigation (CPL):A document filed in the Land Title and Survey Authority against the title of real property, stating that the property is the subject of a court proceeding 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 a party in a piece of property by notifying potential purchasers or mortgagees about the court proceeding. See "clear title," "encumbrance," and "real property."
;Certificate of Pending Litigation:A document filed in the office of the Land Title and Survey Authority against the title of real property, stating that the property is the subject of a court proceeding 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 a party in a piece of property by notifying potential purchasers or mortgagees about the court proceeding. See "clear title," "encumbrance," and "real property."
; ''Charter of Rights and Freedoms'':Also known as the ''Charter'', the part of the ''Constitution Act, 1982''  that sets out the fundamental rights and freedoms enjoyed 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''.
; ''Charter of Rights and Freedoms'':Also known as the ''Charter'', the part of the ''Constitution Act, 1982''  that sets out the fundamental rights and freedoms enjoyed 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''.
;chattel:Personal property; an item of property other than real estate. See "real property."
;chattel:Personal property; an item of property other than real estate. See "real property."
;child:A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority."
;child:A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority."
;child support:Money paid by one parent or guardian to another parent or guardian as a contribution to the cost of a child's living expenses.
;child support:Money paid by one parent or guardian to another parent or guardian as a contribution to the cost of a child's living expenses.
;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 every province and territory except Quebec, that sets the amount of child support a parent or guardian must pay, usually based on the person's income and the number of children involved.
;circumstantial evidence:Evidence that 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 that 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 court proceedings. All family law court proceedings are civil actions.
;civil action: A court proceeding other than a criminal court proceeding. 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.
;claimant:The person who starts a court proceeding seeking an order for specific remedy or relief against another person, the respondent. See "action" and "respondent."
;claimant:The person who starts a court proceeding seeking an order for specific remedy or relief against another person, the respondent. See "action" and "respondent."
;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 someone can apply to vary the order on "two clear days' notice" means that the soonest the person could apply is Thursday. See "business days" and "calendar days."
;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 someone can apply to vary the order on "two clear days' notice" means that the soonest the person could apply is Thursday. See "business days" and "calendar days."
;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 (CPL)."
;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 qualify as "spouse" under the ''Family Law Act''.  See "marriage-like relationship" and "spouse."
;cohabitation:Living with another person, shacking up. 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 the 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 and territories 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 a couple acquired certain rights and obligations toward each other under the common law, 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 spouse:A popular legal misconception under which people are supposed to become married spouses simply by living together. Common-law marriages have never been lawful in British Columbia. See "married spouse" and "unmarried spouse."
;common-law spouse:A popular misconception under which people are supposed to become married spouses simply by living together. Common-law marriages have never been lawful in British Columbia. See "common-law marriage," "married spouse" and "unmarried spouse."
;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 that is competent has the authority to deal with the issues in a case and authority over the parties to that case.
;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 that is competent has the authority to deal with the issues in a case and authority over the parties to that case.
;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 "conclusion of law," "evidence," "question of fact," and "witness."
;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 "conclusion of law," "evidence," "question of fact," and "witness."
;conclusion of law:A judge's decision as to how the statute law and common law should be applied to the facts of a particular case. See "common law," "conclusion of fact," "question of law," and "legislation."
;conclusion of law:A judge's decision as to how the law, including any relevant legislation or principles of the common law, should be applied to the facts of a particular case. See "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 with concurrent jurisdiction each has the jurisdiction to hear the same case and deal with the same issues.
;concurrent:Happening or existing at the same time. Two courts with concurrent jurisdiction each have the jurisdiction to hear the same case and deal with the same issues.
;condonation:Forgiving the wrongful or harmful act of another. In family law, condonation usually refers to forgiving an act of adultery or cruelty and the continuation of the parties' relationship as it had been before. See "adultery," "cruelty, mental or physical," and "divorce, grounds of."
;condonation:Forgiving the wrongful or harmful act of another. In family law, condonation usually refers to forgiving an act of adultery or cruelty and the continuation of the parties' relationship as it had been before. See "adultery," "cruelty, mental or physical," and "divorce, grounds of."
;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.
;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:Intentionally causing or permitting a wrongful act to happen to obtain a goal. In family law, a married spouse conspiring 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."
;connivance:Intentionally causing or permitting a wrongful act to happen to obtain a goal. In family law, a married spouse conspiring 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 or adoption. See "marriage" and "marriage, validity 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 or adoption. See "marriage," "''Marriage (Prohibited Degrees) Act''" and "marriage, validity of."
;consent:Agreement. The giving of permission for a thing to happen or not happen.  
;consent:Agreement; the giving of permission for a thing to happen or not happen.  
;consent order:An order resolving all or part of a court proceeding, on an interim or final basis, that the parties agree the court should make.
;consent order:An order resolving all or part of a court proceeding, on an interim or final basis, that the parties agree the court should make.
;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. See "conjugal rights."
;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 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."
;constitution:The rules that 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, 1867'' and the ''Constitution Act, 1982''. The ''Charter of Rights and Freedoms'' is part of the ''''Constitution Act, 1982''.
;constitution:The rules that 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, 1867'' and the ''Constitution Act, 1982''. The ''Charter of Rights and Freedoms'' is part of the ''''Constitution Act, 1982''.
;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 guardian "will have the children on Monday, Tuesday, and Friday" but didn’t say anything about the other guardian, the agreement would be ''constructed'' to mean that the other guardian would have the children on the remaining weekdays.
;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 guardian "will have the children on Monday, Tuesday, and Friday" but didn’t say anything about the other guardian, the agreement would be ''constructed'' to mean that the other guardian would have the children on the days that weren't mentioned.
;contact:A term under the ''Family Law Act'' that describes the visitation rights of a person who is not a guardian with a child. Contact may be provided by court order or by the agreement among the child's guardians who have parental responsibility for determining contact. See "guardian" and "parental responsibilities."
;contact:A term under the ''Family Law Act'' that describes the visitation rights of a person who is not a guardian with a child. Contact may be provided by court order or by the agreement among the child's guardians who have parental responsibility for determining contact. See "guardian" and "parental responsibilities."
;constructive trust:In family law, the finding by a court that a person 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. See "resulting trust" and "trust."
;constructive trust:In family law, the finding by a court that a person 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. See "resulting trust" and "trust."
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;corporal punishment:In family law, the physical punishment of a child by a parent, guardian, or other authorized person. Corporal punishment is permitted under the ''Criminal Code'', but only to a limited extent and only by certain persons, including parents and teachers.
;corporal punishment:In family law, the physical punishment of a child by a parent, guardian, or other authorized person. Corporal punishment is permitted under the ''Criminal Code'', but only to a limited extent and only by certain persons, including parents and teachers.
;costs:A calculation of the allowable legal expenses of a party to a court proceeding, as determined by the Supreme Court Family Rules. The party who is most successful in a court proceeding is usually awarded their "costs" of the proceeding. See "account, "bill of costs,"  "certificate of costs," and "lawyer's fees."
;costs:A calculation of the allowable legal expenses of a party to a court proceeding, as determined by the Supreme Court Family Rules. The party who is most successful in a court proceeding is usually awarded their "costs" of the proceeding. See "account, "bill of costs,"  "certificate of costs," and "lawyer's fees."
;counsel:A lawyer; a barrister and solicitor. The advice given by a lawyer to his or her client.
;counsel:A lawyer; the advice given by a lawyer to his or her client.
;Counterclaim: A legal document required by the Supreme Court Family Rules in which a respondent sets out a claim for a specific remedy or relief against a claimant. See "Notice of Family Claim" and "Response to Family Claim."
;Counterclaim: A legal document required by the Supreme Court Family Rules in which a respondent sets out a claim for a specific remedy or relief against a claimant. See "Notice of Family Claim" and "Response to Family Claim."
;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."
;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."
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;court registry:A central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched, and reviewed.
;court registry:A central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched, and reviewed.
;covenant:A promise to do or not do a particular thing. See "contract," "family law agreements" and "separation agreements."
;covenant:A promise to do or not do a particular thing. See "contract," "family law agreements" and "separation agreements."
;CPL: Initials  for Certificate of Pending Legislation. A document filed in the Land Title and Survey Authority against the title of real property stating that the property is the subject of a court proceeding 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 a party in a piece of property by notifying potential purchasers or mortgagees about the court proceeding. See "clear title," "encumbrance," and "real property."
;CPL:The short form for "Certificate of Pending Legislation." A CPL is a document filed in the office of the Land Title and Survey Authority against the title of real property stating that the property is the subject of a court proceeding 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 a party in a piece of property by notifying potential purchasers or mortgagees about the court proceeding. See "clear title," "encumbrance," and "real property."
;cross-examination:The portion of a trial where a party asks questions of a witness presented by the other party in order to challenge the witness’s recollection 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."
;cross-examination:The portion of a trial where a party asks questions of a witness presented by the other party in order to challenge the witness’s recollection 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. Lawyers employed by the federal and provincial governments to prosecute criminal offences.
;Crown:In law, the federal and provincial governments and their departments and agencies. Lawyers employed by the federal and provincial governments to prosecute criminal offences.
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