Difference between revisions of "Terminology"

;cause:In law, a lawsuit; an action; a cause of action. Also, the wrongful act of another which gives rise to a claim for relief. See "action", "cause of action".

;cause of action:The behaviour of a person which gives rise to a claim for relief. For example, a spouse's adultery gives rise to the other spouse's right to claim a divorce. The adulterous act is the cause of action for the divorce claim.

;Certificate of Fees:A document endorsed by a Master or Registrar stating the amount a client owes to his or her lawyer, issued following a hearing to "assess" or "tax" a lawyer's bill and determine what portion of the lawyer's bill was reasonable and is properly owed to or refundable by that lawyer. See "account".

;Certificate of Pending Litigation:A document filed in the Land Title and Survey Authority against the title of real property stating that the property is the subject of a court proceeding and that ownership of the property may change as a result, formerly called a ''lis pendens''. In family law, a CPL is used to protect the interest of a party in a piece of property by notifying potential purchasers or mortgagees about the court proceeding. See "clear title", "encumbrance" and "real property".

;''Charter of Rights and Freedoms'':Also known as the ''Charter'', the part of the ''Constitution Act, 1982'' which sets out the fundamental rights and freedoms enjoyed by all Canadians, including the freedoms of religion and expression and the rights to life and liberty. Neither the federal nor the provincial governments can pass laws or act in ways contrary to the ''Charter''.

;child:A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority".

;child support:Money paid by one parent or guardian to another parent or guardian as a contribution to the cost of a child's living expenses.

;constructive trust:In family law, the finding by a court that a person holds a portion of his or her assets for the benefit of the other party without an express agreement to that effect between the parties. See "resulting trust" and "trust".

;contempt of court:Doing something or failing to do something which impairs the administration of justice or respect for the court’s authority, such as bribing a witness, disobeying a court order or misleading the court. Contempt of court can be a civil offence as well as a criminal offence.

;continuance:The continued hearing of an application or trial following a partial hearing at an earlier date. See "adjournment".

;contract:An agreement between two or more people which gives them mutual obligations towards each other that can be enforce in court. A valid contract must be offered by one person and accepted by the other, and some form of payment or other thing of value must generally be exchanged between the parties to the contract. See "family law agreements" and "separation agreements".

;corollary relief:In court proceeding for divorce, this term refers to all relief claimed apart from the divorce order itself. For example, in a court proceeding for divorce and custody, the claim for custody is corollary relief. See "action" and "relief".

;corporal punishment:In family law, the physical punishment of a child by a parent, guardian or other authorized person. Corporal punishment is permitted under the ''Criminal Code'', but only to a limited extent and only by certain persons, including parents and teachers.

;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".