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Difference between revisions of "Terminology"
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==O== | ==O== | ||
; | ;Oath:An affirmation of the truth of a statement by one's faith in a god. Someone making an affidavit gives his or her evidence in that affidavit under oath; a witness giving oral evidence gives his or her evidence in court under oath. See “Affirmation” and “Perjury.” | ||
; | ;Obligation:A duty at law, whether contractual, moral or legal in origin, to do or not do something. See “Duty.” | ||
; | ;Obstruction of Justice:Doing a thing or not doing a thing with the intention or effect of hindering the administration of justice. See “Contempt of Court.” | ||
; | ;Offence Act:A provincial law that sets out the consequences for committing an offence under provincial law, and the process by which a complaint is made and heard. It is an offence under the Family Relations Act, for example, to withhold a parent's access to a child when there is a court order giving that person access to the child. | ||
; | ;Offer:In contact law, the expression, either orally or in writing, of a willingness to be bound by a proposed agreement, contract or settlement proposal. See “Offer to Settle.” | ||
; | ;Offer to Settle:A proposal made by one party to the other, prior to the trial of an action, setting out the terms on which the party is prepared to settle. Offers to settle can have important consequences, particularly with respect to costs, if the offer is close to what the judge decides following trial. See “Costs.” | ||
; | ;Officer of the Court:Any official of the court, including court clerks, lawyers and judges. | ||
;Ownership:A | ;Onus:See "Burden of Proof." | ||
;Omission:In law, a failure to do something, whether intentional or unintentional. | |||
;Opinion:In law, a lawyer's advice to his or her client; a lawyer's analysis of a legal problem. Also, the views of an expert as to a matter at issue in an action. See "Expert Evidence." | |||
;Order:A mandatory direction of the court, binding upon the parties to a legal action. An “interim order” is a temporary order, the product of an interim application following the hearing of that application. A “final order” is a permanent order, the product of either the trial of the action or the agreed settlement of the parties before trial, following which the only recourse open to a dissatisfied party is to appeal the decision. Orders made by a judge that both parties agree the judge should make are called "consent orders." See “Appeal” and “Decision.” | |||
;Ordinary Service:Sending legal documents to a party at that party's "address for service," usually by mail, fax or email. Certain documents, like a Notice of Family Claim, must be served on the other party by personal service. Other documents may be served by ordinary service. Which documents must be served by personal service and which may be served by ordinary service is set out in the Supreme Court Family Rules. See also “Address for Service” and “Personal Service.” | |||
;Ownership:A legal right to the title of a thing. See “Possession” and “Real Property.” | |||
==P== | ==P== | ||
