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Difference between revisions of "Terminology"

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Terminology (view source)

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;account:In law, a lawyer's bill to his or her client or a statement of one person's recollection of events.
;account:In law, a lawyer's bill to his or her client or a statement of one person's recollection of events.
;act:A law passed by a government, also called "legislation" or a "statute", or the intentional doing of a thing. See "regulations".
;act:A law passed by a government, also called "legislation" or a "statute", or the intentional doing of a thing. See "regulations".
;action:A court proceeding in which one party sues another for a specific remedy or relief, also called a "lawsuit" or a "case". An action for divorce, for example, is a court proceeding in which the Claimant sues the Respondent for the relief of a divorce order.
;action:A court proceeding in which one party sues another for a specific remedy or relief, also called a "lawsuit" or a "case". An action for divorce, for example, is a court proceeding in which the claimant sues the respondent for the relief of a divorce order.
;address for service:The address at which a party to a court proceeding agrees to accept delivery of legal documents. An address for service must be a proper street address within British Columbia; additional addresses for service may include postal addresses, fax numbers and email addresses.
;address for service:The address at which a party to a court proceeding agrees to accept delivery of legal documents. An address for service must be a proper street address within British Columbia; additional addresses for service may include postal addresses, fax numbers and email addresses.
;adjournment:The suspension of a hearing or trial, usually when the hearing or trial cannot proceed on the date scheduled or because it cannot complete within the time scheduled.
;adjournment:The suspension of a hearing or trial, usually when the hearing or trial cannot proceed on the date scheduled or because it cannot complete within the time scheduled.
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;applicant:A party who brings an application to the court for a specific remedy or relief. Usually refers to the party who has brought an interim application, but in the Provincial Court can mean the person who starts a court proceeding. See also "court proceeding", "application respondent" and "interim application".
;applicant:A party who brings an application to the court for a specific remedy or relief. Usually refers to the party who has brought an interim application, but in the Provincial Court can mean the person who starts a court proceeding. See also "court proceeding", "application respondent" and "interim application".
;application:A request to the court that it make an order for a specific remedy or relief usually on an interim or temporary basis, also called a "chambers application" or a "motion". See also "interim application" and "relief."
;application:A request to the court that it make an order for a specific remedy or relief usually on an interim or temporary basis, also called a "chambers application" or a "motion". See also "interim application" and "relief."
;Application to Obtain an Order:A legal document required by the Provincial Court Family Rules to bring a court proceeding, which sets out the relief sought by the applicant against the person named as Respondent. See "action", "applicant", "pleadings", "relief" and "respondent".
;Application to Obtain an Order:A legal document required by the Provincial Court Family Rules to bring a court proceeding, which sets out the relief sought by the applicant against the person named as respondent. See "action", "applicant", "pleadings", "relief" and "respondent".
;application respondent:A party against whom an interim application has been brought. See also "applicant" and "interim application".
;application respondent:A party against whom an interim application has been brought. See also "applicant" and "interim application".
;Application Response:A legal document required by the Supreme Court Family Rules to reply to a Notice of Application, which sets out the relief agreed to and opposed by the Application Respondent and the facts in support of that position. See "interim application".
;Application Response:A legal document required by the Supreme Court Family Rules to reply to a Notice of Application, which sets out the relief agreed to and opposed by the application respondent and the facts in support of that position. See "interim application".
;apportion:In family law, to divide equally, usually referring to the division of family property between spouses. See also "reapportion".
;apportion:In family law, to divide equally, usually referring to the division of family property between spouses. See also "reapportion".
;appraisal:A professional estimate of the worth of an asset. In family law, this is sometimes required for the court to fix the value of property such as an art collection or a house.
;appraisal:A professional estimate of the worth of an asset. In family law, this is sometimes required for the court to fix the value of property such as an art collection or a house.
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;costs:A calculation of the allowable legal expenses of a party to a court proceeding, as determined by the Supreme Court Family Rules. The party who is most successful in a court proceeding is usually awarded their ''costs'' of the proceeding. See "account", "Bill of Costs", "Certificate of Costs" and "lawyer's fees".
;costs:A calculation of the allowable legal expenses of a party to a court proceeding, as determined by the Supreme Court Family Rules. The party who is most successful in a court proceeding is usually awarded their ''costs'' of the proceeding. See "account", "Bill of Costs", "Certificate of Costs" and "lawyer's fees".
;counsel:A lawyer; a barrister and solicitor. The advice given by a lawyer to his or her client.
;counsel:A lawyer; a barrister and solicitor. The advice given by a lawyer to his or her client.
;Counterclaim: A legal document required by the Supreme Court Family Rules in which a Respondent sets out a claim for a specific remedy or relief against a Claimant. See "Notice of Family Claim" and "Response to Family Claim".
;Counterclaim: A legal document required by the Supreme Court Family Rules in which a respondent sets out a claim for a specific remedy or relief against a claimant. See "Notice of Family Claim" and "Response to Family Claim".
;Court of Appeal:The highest level of court in this province, having the jurisdiction to review decisions of the Supreme Court, all provincial lower courts and certain tribunals. See "appeal".
;Court of Appeal:The highest level of court in this province, having the jurisdiction to review decisions of the Supreme Court, all provincial lower courts and certain tribunals. See "appeal".
;court proceeding:A legal proceeding in which one party sues another for a specific remedy or relief, also called an "action", a "lawsuit" or a "case". A court proceeding for divorce, for example, is a proceeding in which the Claimant sues the Respondent for the relief of a divorce order.
;court proceeding:A legal proceeding in which one party sues another for a specific remedy or relief, also called an "action", a "lawsuit" or a "case". A court proceeding for divorce, for example, is a proceeding in which the claimant sues the respondent for the relief of a divorce order.
;court registry:A central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched and reviewed.
;court registry:A central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched and reviewed.
;covenant:A promise to do or not do a particular thing. See "contract", "family law agreements" and "separation agreements".
;covenant:A promise to do or not do a particular thing. See "contract", "family law agreements" and "separation agreements".
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;''de facto'':A Latin phrase meaning "in fact".
;''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: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".
;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".
;defence:A reply; a rebuttal; an answer to a court proceeding or an application; a statement as to why a particular claim or application should not succeed.  
;defence:A reply; a rebuttal; an answer to a court proceeding or an application; a statement as to why a particular claim or application should not succeed.  
;''de jure'':A Latin phrase meaning "by law". By operation of law; as a matter of law; by legal right.
;''de jure'':A Latin phrase meaning "by law". By operation of law; as a matter of law; by legal right.
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;deponent:A person giving information under affirmation or oath; a witness. Refers to both a person giving testimony at a trial and a person making an affidavit. See "affidavit", "evidence", "testimony" and "witness".
;deponent:A person giving information under affirmation or oath; a witness. Refers to both a person giving testimony at a trial and a person making an affidavit. See "affidavit", "evidence", "testimony" and "witness".
;desertion:The abandonment of a married spouse by the other. This is an old ground of divorce that has been replaced in the modern ''Divorce Act'' with simple separation for a period of at least one year. See "divorce, grounds of" and "separation".
;desertion:The abandonment of a married spouse by the other. This is an old ground of divorce that has been replaced in the modern ''Divorce Act'' with simple separation for a period of at least one year. See "divorce, grounds of" and "separation".
;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".
;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".
;disability:In law, a legal incapacity to do certain things, like enter into a contract or start a court proceeding. Legal disabilities include insanity and being under the age of majority. See "age of majority".
;disability:In law, a legal incapacity to do certain things, like enter into a contract or start a court proceeding. Legal disabilities include insanity and being under the age of majority. See "age of majority".
;disbar:To strip a lawyer of his or her right to practice law, usually after a formal inquiry by the Law Society.
;disbar:To strip a lawyer of his or her right to practice law, usually after a formal inquiry by the Law Society.
;disclosure:A step in a court proceeding in which each party advises the other of the documents in his or her possession which bear on the issues in the court proceeding and produces copies of requested documents before trial. This process is regulated by the rules of court, which put each party under an ongoing obligation to continue to advise the other of new documents coming into their possession or control. The purpose of this step is to encourage the settlement of litigation and to prevent a party from springing new evidence on the other party at trial.  
;disclosure:A step in a court proceeding in which each party advises the other of the documents in his or her possession which bear on the issues in the court proceeding and produces copies of requested documents before trial. This process is regulated by the rules of court, which put each party under an ongoing obligation to continue to advise the other of new documents coming into their possession or control. The purpose of this step is to encourage the settlement of litigation and to prevent a party from springing new evidence on the other party at trial.  
;discontinuance:The termination of a claim by the Claimant or the termination of a counterclaim by a Respondent. The discontinuance of a claim indicates a party's intention not to proceed with his or her claim. See "action" and "Counterclaim."
;discontinuance:The termination of a claim by the claimant or the termination of a counterclaim by a respondent. The discontinuance of a claim indicates a party's intention not to proceed with his or her claim. See "action" and "Counterclaim."
;discovery:A step in a court proceeding in which a party is entitled to demand that the other produce requested documents and submit to a cross-examination on oath or affirmation outside of court before trial. This process is regulated by the rules of court. The purpose of this step is to encourage the settlement of litigation and to make sure that each party knows what the other party's case will be trial. See "examination for discovery".
;discovery:A step in a court proceeding in which a party is entitled to demand that the other produce requested documents and submit to a cross-examination on oath or affirmation outside of court before trial. This process is regulated by the rules of court. The purpose of this step is to encourage the settlement of litigation and to make sure that each party knows what the other party's case will be trial. See "examination for discovery".
;dismiss:In law, a judge’s decision to not to grant a claim sought, or to reject a court proceeding with or without trial. An application that is ''dismissed'' has been rejected by the judge. See "application".
;dismiss:In law, a judge’s decision to not to grant a claim sought, or to reject a court proceeding with or without trial. An application that is ''dismissed'' has been rejected by the judge. See "application".
Drew Jackson
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