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Difference between revisions of "Terminology"
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;paramountcy, doctrine of:In constitutional law, the rule that a federal law on a subject is superior to and takes precedence over a provincial law on the same subject. See "act" and "constitution." | ;paramountcy, doctrine of:In constitutional law, the rule that a federal law on a subject is superior to and takes precedence over a provincial law on the same subject. See "act" and "constitution." | ||
;''parens patriae'':A Latin phrase meaning "parent of the country." Refers to the court's inherent jurisdiction to deal with issues concerning persons under a legal disability, such as children. See "children," "disability | ;''parens patriae'':A Latin phrase meaning "parent of the country." Refers to the court's inherent jurisdiction to deal with issues concerning persons under a legal disability, such as children. See "children," "disability" and "jurisdiction." | ||
;parent:In family law, the natural or adoptive father or mother of a child; may also include stepparents, depending on the circumstances and the applicable legislation; may include the donors of eggs or sperm and surrogate mothers, depending on the circumstances and the terms of any assisted reproduction agreement. See "adoptive parent," "natural parent | ;parent:In family law, the natural or adoptive father or mother of a child; may also include stepparents, depending on the circumstances and the applicable legislation; may include the donors of eggs or sperm and surrogate mothers, depending on the circumstances and the terms of any assisted reproduction agreement. See "adoptive parent," "natural parent" and "stepparent." | ||
;parental responsibilities:A term under the ''Family Law Act'' which describes the various responsibilities exercised by guardians in care, upbringing and management of the children in their care, including determining the child's education, diet, religious instruction or lack thereof, medical care, linguistic and cultural instruction, and so forth. See "guardian." | ;parental responsibilities:A term under the ''Family Law Act'' which describes the various responsibilities exercised by guardians in the care, upbringing and management of the children in their care, including determining the child's education, diet, religious instruction or lack thereof, medical care, linguistic and cultural instruction, and so forth. See "guardian." | ||
;parenting arrangements:A term under the ''Family Law Act'' which describes the arrangements for parental responsibilities and parenting time among guardians, made in an order or agreement. "Parenting arrangements" does not include contact. See "contact," "guardian," "parental responsibilities | ;parenting arrangements:A term under the ''Family Law Act'' which describes the arrangements for parental responsibilities and parenting time among guardians, made in an order or agreement. "Parenting arrangements" does not include contact. See "contact," "guardian," "parental responsibilities" and "parenting time." | ||
;parenting coordination:A child-focused dispute resolution process used to resolve disputes about parenting arrangements and the implementation of a parenting plan set out in a final order or agreement. See "alternative dispute resolution" and "parenting coordinator." | ;parenting coordination:A child-focused dispute resolution process used to resolve disputes about parenting arrangements and the implementation of a parenting plan set out in a final order or agreement. See "alternative dispute resolution" and "parenting coordinator." | ||
;parenting coordinator:A lawyer or mental health professional with special training in the mediation and arbitration of family law disputes, family dynamics and child developmental psychology | ;parenting coordinator:A lawyer or mental health professional with special training in the mediation and arbitration of family law disputes, family dynamics and child developmental psychology who meets the training and experience requirements set out in the provincial Family Law Act Regulation. | ||
;parenting time:A term under the ''Family Law Act'' which describes the time a guardian has with a child and is responsible for the day to day care of the child. See "guardian." | ;parenting time:A term under the ''Family Law Act'' which describes the time a guardian has with a child and during which is responsible for the day to day care of the child. See "guardian." | ||
;parol evidence:Oral evidence given in court, as opposed to written or physical evidence. See "evidence" and "witness." | ;parol evidence:Oral evidence given in court, as opposed to written or physical evidence. See "evidence" and "witness." | ||
;partition:In law, the division of the ownership of a piece of real property between two or more people. See "real property." | ;partition:In law, the division of the ownership of a piece of real property between two or more people. See "real property." | ||
;party:In law, a person named as an applicant, claimant, respondent or third party in a court proceeding; someone asserting a claim in a court proceeding or against whom a claim has been brought. See "action" and "litigant." | ;party:In law, a person named as an applicant, claimant, respondent or third party in a court proceeding; someone asserting a claim in a court proceeding or against whom a claim has been brought. See "action" and "litigant." | ||
;paternity: | ;paternity:Fatherhood of a child. See "bastard." | ||
;paternity test:A scientific test performed to determine the parentage of a child, usually performed by the genetic testing of the blood or saliva of the alleged parents and the child. | ;paternity test:A scientific test performed to determine the parentage of a child, usually performed by the genetic testing of the blood or saliva of the alleged parents and the child. | ||
;peace officer:A person having a duty to enforce the law as a result of his or her position or employment, including police officers as well as RCMP officers, sheriffs, customs officers and mayors, among others. | ;peace officer:A person having a duty to enforce the law as a result of his or her position or employment, including police officers as well as RCMP officers, sheriffs, customs officers and mayors, among others. | ||
;pecuniary:Relating to money, which is exactly what someone who is "impecunious" doesn't have a great deal of. See "indigent." | ;pecuniary:Relating to money, which is exactly what someone who is "impecunious" doesn't have a great deal of. See "indigent." | ||
;peremptory:Something which is fixed, mandatory or absolute. A peremptory hearing date, for example, is a date on which a hearing will absolutely proceed without any further | ;peremptory:Something which is fixed, mandatory or absolute. A peremptory hearing date, for example, is a date on which a hearing will absolutely proceed without any further adjournments or delay. | ||
;perfected:In contract law, finished, legally complete and enforceable | ;perfected:In contract law, finished, legally complete and enforceable; executed. A "perfected" agreement is one that has been dated and signed by all parties in the presence of one or more witnesses. | ||
;performance:In contract law, the fulfillment of an obligation or duty arising from a contract. | ;performance:In contract law, the fulfillment of an obligation or duty arising from a contract. | ||
;perjury:Intentionally lying to the court while giving evidence under oath or affirmation, including lying in a document made on oath or affirmation, such as an affidavit or a Financial Statement. This is a criminal offence. | ;perjury:Intentionally lying to the court while giving evidence under oath or affirmation, including lying in a document made on oath or affirmation, such as an affidavit or a Financial Statement. This is a criminal offence and may also addressed by the court through its powers to punish for contempt. See "contempt of court." XXXXX | ||
;personal property:Chattels, goods, money; property other than real property. See "chattel' and "real property." | ;personal property:Chattels, goods, money; property other than real property. See "chattel' and "real property." | ||
;personal service:In law, the delivery of a legal document to a party in a court proceeding in a manner which complies with the rules of court, usually by physically handing the document to the party and verifying his or her identity. Personal service is usually required for the proper delivery of the pleadings that are used to start a proceeding to ensure that the party is given proper notice of the proceeding and the opportunity to mount a defence. See also "ordinary service," "pleadings," and "service, substituted." | ;personal service:In law, the delivery of a legal document to a party in a court proceeding in a manner which complies with the rules of court, usually by physically handing the document to the party and verifying his or her identity. Personal service is usually required for the proper delivery of the pleadings that are used to start a proceeding to ensure that the party is given proper notice of the proceeding and the opportunity to mount a defence. See also "ordinary service," "pleadings," and "service, substituted." | ||
