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Difference between revisions of "Terminology"
From Clicklaw Wikibooks
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;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. | ;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 and may also addressed by the court through its powers to punish for contempt. See "contempt of court." | ;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." | ||
;personal property:Chattels, goods, money; property other than real property. See "chattel | ;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 | ;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." | ||
;Petition:A court form required by the Supreme Court Family Rules used to commence court proceedings that can be dealt with in the manner of an application, without the need for a protracted process of disclosure and discovery. See "action," "application," "disclosure | ;Petition:A court form required by the Supreme Court Family Rules used to commence court proceedings that can be dealt with in the manner of an application, without the need for a protracted process of disclosure and discovery. See "action," "application," "disclosure" and "discovery." | ||
;petition respondent:The person against whom a court proceeding has been started by Petition. See "Petition." | ;petition respondent:The person against whom a court proceeding has been started by Petition. See "Petition." | ||
;petitioner:A person starting a court proceeding by Petition. See "Petition." | ;petitioner:A person starting a court proceeding by Petition. See "Petition." | ||
;PID:The short form | ;PID:The short form for "Parcel Identifier Description," a unique nine-digit number assigned by the Land Title and Survey Authority assigned to each parcel of real property in the province. See "Land Title and Survey Authority" and "real property." | ||
;platypus:A duck-billed egg-laying aquatic mammal, the males of which are venomous. | ;platypus:A duck-billed egg-laying aquatic mammal, the males of which are venomous. | ||
;pleading:A legal document setting out either a claim or a defence to a claim prepared at or following the start of a court proceeding. In the Provincial Court, the pleadings are the Application to Obtain an Order and Reply. In the Supreme Court, the pleadings include the Notice of Family Claim, Response to Family Claim, Counterclaim, Petition and Response to Petition. See "action," "claim" and "Counterclaim." | ;pleading:A legal document setting out either a claim or a defence to a claim prepared at or following the start of a court proceeding. In the Provincial Court, the pleadings are the Application to Obtain an Order and Reply. In the Supreme Court, the pleadings include the Notice of Family Claim, Response to Family Claim, Counterclaim, Petition and Response to Petition. See "action," "claim" and "Counterclaim." | ||
;polygamy:Being married to more than one person at the same time. A criminal offence in parts of Canada other than Bountiful, British Columbia. Polygamous marriages subsequent to the first are void ''ab initio''. See "ab initio," "marriage | ;polygamy:Being married to more than one person at the same time. A criminal offence in parts of Canada other than Bountiful, British Columbia it seems. Polygamous marriages subsequent to the first are void ''ab initio''. See "ab initio," "marriage" and "marriage, validity of." | ||
;possession:In law, the right to have the control and use of a thing. One can have a right to the possession of a thing without owning it, as in the case of a car lease, or ownership without possession, as in the case of a landlord who rents an apartment suite. See "ownership." | ;possession:In law, the right to have the control and use of a thing. One can have a right to the possession of a thing without owning it, as in the case of a car lease, or ownership without possession, as in the case of a landlord who rents an apartment suite. See "ownership." | ||
;preamble:An introductory statement in legislation, an order or an agreement usually | ;preamble:An introductory statement in legislation, an order or an agreement usually describing the purpose of the legislation or the parties to the order or agreement. Preambles are normally used to provide a guide the to interpretation of the rest of the document. See "act" and "family law agreements." | ||
;precedent:Historical decisions of the courts; the principle that such historic decisions of the court are binding on subsequent judges hearing cases of a similar nature or of a similar circumstances. Templates or sample documents used to draft new documents. See "common law." | ;precedent:Historical decisions of the courts; the principle that such historic decisions of the court are binding on subsequent judges hearing cases of a similar nature or of a similar circumstances. Templates or sample documents used to draft new documents. See "common law." | ||
;premises:In real property law, a piece of property and a building situated on it, usually including the area of the property surrounding a building on that property. In law generally, a premise is an assumption that founds a logical argument. See "argument" and "real property." | ;premises:In real property law, a piece of property and a building situated on it, usually including the area of the property surrounding a building on that property. In law generally, a premise is an assumption that founds a logical argument. See "argument" and "real property." | ||
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;proof:Evidence which establishes or tends to establish the truth of a fact; also, the conclusion of a logical argument. See "evidence" and "premises." | ;proof:Evidence which establishes or tends to establish the truth of a fact; also, the conclusion of a logical argument. See "evidence" and "premises." | ||
;property:Something which can be owned. See "chattels" and "real property." | ;property:Something which can be owned. See "chattels" and "real property." | ||
;protection order:An order available under the ''Family Law Act'' for the protection of a person at risk of family violence. Protection orders include orders restraining someone from harassing, contacting or stalking a person, restraining someone from going to a person's home, place of employment or school. See "application," "ex parte | ;protection order:An order available under the ''Family Law Act'' for the protection of a person at risk of family violence. Protection orders include orders restraining someone from harassing, contacting or stalking a person, restraining someone from going to a person's home, place of employment or school. See "application," "ex parte" and "restraining order." | ||
;Provincial Court:A court established and staffed by the provincial government, which includes Small Claims Court, Youth Court and Family Court. The Provincial Court is the lowest level of court in British Columbia and is restricted in the sorts of matters it can deal with. Small Claims Court, for example, cannot deal with claims larger than $25,000, and Family Court cannot deal with the division of family property or matters under the ''Divorce Act''. See "judge" and "jurisdiction." | ;Provincial Court:A court established and staffed by the provincial government, which includes Small Claims Court, Youth Court and Family Court. The Provincial Court is the lowest level of court in British Columbia and is restricted in the sorts of matters it can deal with. Small Claims Court, for example, cannot deal with claims larger than $25,000, and Family Court cannot deal with the division of family property or matters under the ''Divorce Act''. See "judge" and "jurisdiction." | ||
