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Difference between revisions of "Terminology"
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;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. | ;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 costs:A document endorsed by a Master or Registrar stating the amount owed as "costs" by one party to the other after a trial, usually issued following a hearing to settle the amount of the costs justly owed. A certificate of costs is a judgment of the Supreme Court and enforced as like a judgment debt. | ;certificate of costs:A document endorsed by a Master or Registrar stating the amount owed as "costs" by one party to the other after a trial, usually issued following a hearing to settle the amount of the costs justly owed. A certificate of costs is a judgment of the Supreme Court and enforced as like a judgment debt. | ||
; | ;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". | ;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''. | ;''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''. | ||
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;lawful:Conduct that is permitted both by legislation and by the common law; conduct that is not prohibited by law. See "unlawful". | ;lawful:Conduct that is permitted both by legislation and by the common law; conduct that is not prohibited by law. See "unlawful". | ||
;lawyer:A person licenced to practice law in a particular jurisdiction. See "barrister and solicitor". | ;lawyer:A person licenced to practice law in a particular jurisdiction. See "barrister and solicitor". | ||
;lawyer's fees:The money charged by a lawyer to his or her client for the alwyer's services, usually pursuant to the terms of the lawyer's retainer agreement. Most lawyers bill by the hour with a premium for success or the difficulty or novelty of the case. A lawyer's bill may include "disbursements", costs incurred by the lawyer for such things as courier fees, court fees or photocopying expenses. See "account" and " | ;lawyer's fees:The money charged by a lawyer to his or her client for the alwyer's services, usually pursuant to the terms of the lawyer's retainer agreement. Most lawyers bill by the hour with a premium for success or the difficulty or novelty of the case. A lawyer's bill may include "disbursements", costs incurred by the lawyer for such things as courier fees, court fees or photocopying expenses. See "account" and "certificate of fees". | ||
;lay litigant:A party to a court proceeding who is not represented by a lawyer and acts on his or her own behalf; a self-represented litigant; a ''pro se'' litigant. "Lay" in this context means without professional training. See "action", "lawyer" and "litigant". | ;lay litigant:A party to a court proceeding who is not represented by a lawyer and acts on his or her own behalf; a self-represented litigant; a ''pro se'' litigant. "Lay" in this context means without professional training. See "action", "lawyer" and "litigant". | ||
;leading question:A question asked of a witness, normally during cross-examination, which suggests the answer. For example: "You've never worked a day in your life, have you?" See "cross-examination". | ;leading question:A question asked of a witness, normally during cross-examination, which suggests the answer. For example: "You've never worked a day in your life, have you?" See "cross-examination". | ||
