Difference between revisions of "Terminology"

;debt:A sum of money or an obligation owed by one person to another. A "debtor" is a person responsible for paying a debt; a "creditor" is the person to whom the debt is owed.

;decision:In law, a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application; a judgment; the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as his or her findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law," and "findings of fact."

;deem:To make an assumption that one thing follows logically from another; a presumption of a fact based on other facts. Sometimes, a presumption of a fact required by law, such as the presumption that a Respondent who files a Response to Family Claim is presumed to have been served with the Notice of Family Claim.

;''de facto'':A Latin phrase meaning "in fact."

;default:In law, failing to do something which is either optional or mandatory, such as failing to respond to an application or to a claim within the time limits set out in the rules of court. See "default judgment. "

;default judgment:A judgment obtained by a claimant following the respondent's failure to reply to the claimant's claim within the proper time from service. In the Supreme Court, a respondent who has been properly served with a Notice of Family Claim has 30 days to file a Response to Family Claim. Once those 30 days have elapsed without the response being served on the claimant, the claimant may apply to the court for a judgment in default. This is the basis for divorce orders made under the desk order divorce process. See "desk order divorce" and "Response to Family Claim."

;denial:Defending a claim by denying the truth of a fact supporting the claim; a rejection of the truth of facts alleged.

;''de novo'':A Latin phrase meaning "anew." Renewed; from the beginning. An application or trial heard ''de novo'' is heard for a second time without considering or the court being bound by the result of the first hearing.  

;dependant:A person who relies on someone else for their support and the necessities of life. See "child," "child support" and "spousal support."

;desk order divorce:A process in which a divorce order, with or without other corollary relief, is obtained following the respondent's failure to file a Response to Family Claim. A desk order divorce does not require a hearing in court and is the cheapest way to obtain a divorce order. See "corollary relief" and "divorce."

;disbar:To strip a lawyer of his or her right to practice law, usually after a formal inquiry by the Law Society.

;dispute resolution:A phrase referring to a family of processes used for resolving legal disputes including negotiation, collaborative settlement processes, mediation arbitration and litigation.

;divorce:The legal termination of a valid marriage by an order of a judge; the ending of a marital relationship and the conjugal obligations of each spouse to the other. See "conjugal rights," "marriage," and "marriage, validity of."

;''Divorce Act'':Federal legislation that deals with divorce, custody and access, child support, spousal support and the recognition of divorce orders made outside of Canada.

;domicile:The place where one has one’s permanent home, where one lives most of the time; sometimes the place where one intends to have a permanent home. A party's domicile may have an impact on the jurisdiction of the court to hear a court proceeding, deal with certain claims made in a court proceeding and on the law that applied to divide property and debt. See "jurisdiction" and "residence."

;donee:A person who receives a gift or bequest.

;dower:The entitlement of a wife to a portion of her husband’s estate on his death under the common law. This right is extinguished in British Columbia and is replaced by the provisions of the ''Estate Administration Act'' and the ''Wills Variation Act'' that give a surviving spouse certain rights to share in the estate of the deceased person.

;dowry:In some cultures, the real property and personal property brought into the marriage by the wife; the property given to a wife by her husband in return for her marriage to him. There is no legal entitlement to dowry in Canada, and agreements for dowry will not normally be enforceable. See "chattels" and "real property."

;duress:Forcing someone to do something though psychological or emotional pressure; a defence to the enforcement of a contract. If, for example, a separation agreement was entered into under duress, that may be a ground to dispute or set aside that agreement.

;duty:In law, a legal obligation to do or not do something, whether under the common law or pursuant to legislation.