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Difference between revisions of "Terminology"
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==P== | ==P== | ||
; | ;Paramountcy, Doctrine of:The rule that federal laws on a subject alse covered by provincial laws is superior to and takes precedence over the provincial laws. 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” and “Jurisdiction.” | ||
; | ;Parent:In family law, the natural or adoptive father or mother of a child; may also include step-parents depending on the circumstances and the legislation applicable to those circumstances. | ||
; | ;Parol Evidence:Oral evidence, 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.” | ||
; | ;Party:In law, a person named as a Claimant, Respondent or third party to an action; someone either asserting a claim in a legal action or subject to a claim made in an action. See “Action.” | ||
; | ;Paternity:The fatherhood of a child. | ||
; | ;Paternity Suit:An action brought to prove or disprove that a particular man is the biological father of a child, usually brought to determine the man's liability to pay child support. See “Action” and "Child Support." | ||
; | ;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. | ||
;Petition | ;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. | ||
; | ;Peremptory:Something which is mandatory or absolute. A peremptory hearing date, for example, is a date on which a hearing will absolutely proceed without any further adjournment or delay. | ||
; | ;Perfected:In contract law, finished, legally complete and enforceable, executed. | ||
; | ;Performance:In contract law, the fulfilment of an obligation or duty arising from a contract. | ||
; | ;Perjury:Intentionally lying to the court while giving evidence under oath; also applies to lying in a sworn document, such as an affidavit. This is a criminal offence. | ||
; | ;Personal Property:Chattels, goods; 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 legal action in a manner which complies with the Supreme Court Family Rules, 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 pleadings which start an action. The purpose of service is to ensure that the party is given proper notice of the action and the opportunity to defend that action. See also “Delivery,” “Pleadings,” “Service, Affidavit of” and “Service, Substituted.” | ||
; | ;Petition:A court document used to commence certain types of legal actions. The person bringing such an action is the “Petitioner” and the person against whom the action is brought is the “Petition Respondent.” An action can only be started by a Petition in certain circumstances, most often actions are started with a Notice of Family Claim. See “Action,” “Claimant” and "Notice of Family Claim.” | ||
; | ;PID:The short form of the phrase “Parcel Identifier Description,” an 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.” | ||
;Pleading:A legal document setting out either a claim or a defence to a claim. Usually, the pleadings consist of the Notice of Family Claim, Response to Family Claim and Counterclaim. See “Counterclaim,” “Notice of Family Claim” and “Response to Family Claim.” | |||
;Polygamy:Being married to more than one person at the same time. A criminal offence elsewhere in Canada than Bountiful, British Columbia. Polygamous marriages subsequent to the first are void ab initio. See "Ab Initio," "Marriage" and "Validity of Marriage." | |||
;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 and an apartment suite. See “Ownership” and “Real Property.” | |||
;Preamble:An introductory statement in an act or agreement setting out the purpose of the statute or agreement, but not technically forming a part of the statute or agreement, in the sense that the preamble is not enforceable and does not give rise to a legal right or entitlement. Preambles are normally used to provide a guide the to interpretation of the rest of the document. See “Act” and "Family Agreements." | |||
;Precedent:This word has a number of meanings: 1) historical decisions of the courts; 2) the principle that such decisions are binding on subsequent judges hearing cases of a similar nature or of similar circumstances; and, 3) 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 which founds a logical argument. See "Argument" and “Real Property.” | |||
;Prima Facie:A Latin phrase meaning at “first face.” Refers to a fact which is obvious at first glance. | |||
;Primary Residence:In family law, the home at which a child lives most often. This term is particuarly important in situations of joint guardianship, as the parent with "primary residence" is often given decision-making authority when the parents cannot agree on a parenting issue. See “Custody,” “Guardianship” and "Joint Guardianship." | |||
;Privilege:In law, the duty a lawyer has to keep his or her client’s information confidential, including communications between the lawyer and client and advice given to the client. A lawyer cannot reveal privileged communications even to the court, except in certain usual circumstances. See “Barrister and Solicitor” and “Duty.” | |||
;Probate:The process of checking the validity of a will, distributing a dead person’s estate and settling his or her debts according to the instructions set out in that person's will. See “Estate” and “Will.” | |||
;Pro Bono:A Latin phrase meaning “for the good of,” short for "pro bono publico," meaning "for the public good." Usually refers to those situations in which a lawyer voluntarily performs a legal service without charge. | |||
;Proceeding:In law, the whole of the conduct of a legal action, from beginning to end, and all steps in between; may also be used to refer to a specific hearing or trial. See “Action.” | |||
;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." | |||
;Provincial Courts, the:Courts created by the provincial government, including Small Claims Court, Youth Court and Family Court. They are the lowest level of court in British Columbia and do not have an unlimited jursidiction; they are usually restricted in the sorts of matters they 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 assets. See "Jurisdiction." | |||
;Provincial (Family) Court:A Provincial Court with the authority to deal with certain family law issues under the Family Relations Act and lacking the jurisdiction to make orders dealing with assets, certain kinds of restraining orders, and orders for divorce. This court is somewhat less formal than the Supreme Court, its rules are written in plain language, and there are no filing fees. See also "Court of Appeal," "Jurisdiction" and "Supreme Court." | |||
==Q== | ==Q== | ||
