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Difference between revisions of "Terminology"

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Terminology (view source)

Revision as of 12:26, 11 April 2013

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;''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.
;delivery:Sending legal documents to a party at that party's "address for service," usually by mail, fax or email, now called "ordinary service". Certain documents, like a Notice of Family Claim, must be served on the other party by personal service. Most other documents may be served by ordinary service. See also "address for service" and "personal service".
;delivery:Sending legal documents to a party at that party's "address for service," usually by mail, fax or email, now called "ordinary service". Certain documents, like a Notice of Family Claim, must be served on the other party by personal service. Most other documents may be served by ordinary service. See also "address for service" and "personal service".
;demand letter:A letter describing a legal claim sent to the person against who the claim might be made, and offering to settle the claim without the necessity of legal action. Demand letters are usually issued before court proceedings have commenced in order to settle a potential claim without the need for litigation.
;demand letter:A letter describing a legal claim sent to the person against whom the claim might be made, and offering to settle the claim without the necessity of legal action. Demand letters are usually issued before court proceedings have commenced in order to settle a potential claim without the need for litigation.
;''de minimus non curat lex'':A Latin maxim meaning "the law does not concern itself with trifles", also known by its short form, ''de minimus''. This maxim stands for the idea that some claims or arguments, while perhaps legitimate, are too small or trivial to be dealt with by the court.
;''de minimus non curat lex'':A Latin maxim meaning "the law does not concern itself with trifles", also known by its short form, ''de minimus''. This maxim stands for the idea that some claims or arguments, while perhaps legitimate, are too small or trivial to be dealt with by the court.
;denial:Defending a claim by denying the truth of a fact supporting the claim; a rejection of the truth of facts alleged.
;denial:Defending a claim by denying the truth of a fact supporting the claim; a rejection of the truth of facts alleged.
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;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 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".
;dispute resolution:A phrase referring to a family of processes used for resolving legal disputes including negotiation, collaborative settlement processes, mediation arbitration and litigation.
;dispute resolution:A phrase referring to a family of processes used for resolving legal disputes including negotiation, collaborative settlement processes, mediation arbitration and litigation.
;dissent:Disagreement. The decision of a judge of the Court of Appeal who disagrees with the decision reached by the majority of the judges who heard the same appeal. See "appeal" and "Court of Appeal".
;dissent:Disagreement. The decision of a judge of the Court of Appeal who disagrees with the decision reached by the majority of the judges who heard the same appeal. See "appeal" and "Court of Appeal".
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;donee:A person who receives a gift or bequest.
;donee:A person who receives a gift or bequest.
;donor:A person giving something as a gift or as a bequest, and does so freely and without expectation of payment in return.
;donor:A person giving something as a gift or as a bequest, and does so freely and without expectation of payment in return.
;dower:The entitlement of a wife to a portion of her husband’s estate on his death under the common law. This right is extinguished in British Columbia and is replaced by provisions of the ''Estate Administration Act'' and the ''Wills Variation Act'' that give a surviving spouse certain rights to share in the estate of deceased person.
;dower:The entitlement of a wife to a portion of her husband’s estate on his death under the common law. This right is extinguished in British Columbia and is replaced by the provisions of the ''Estate Administration Act'' and the ''Wills Variation Act'' that give a surviving spouse certain rights to share in the estate of the deceased person.
;dowry:In some cultures, the real property and personal property brought into the marriage by the wife; the property given to a wife by her husband in return for her marriage to him. There is no legal entitlement to dowry in Canada, and agreements for dowry will not normally be enforceable. See "chattels" and "real property".
;dowry:In some cultures, the real property and personal property brought into the marriage by the wife; the property given to a wife by her husband in return for her marriage to him. There is no legal entitlement to dowry in Canada, and agreements for dowry will not normally be enforceable. See "chattels" and "real property".
;draft:A prelimary version of a document; an order prepared following judgment submitted to the court for its approval. To prepare, or ''draw'', a legal document.
; draft: A preliminary version of a document; an order prepared following judgment submitted to the court for its approval. To prepare, or ''draw'', a legal document.
;duress:Forcing someone to do something though psychological or emotional pressure; a defence to the enforcement of a contract. If, for example, a separation agreement was entered into under duress, that may be a ground to dispute or set aside that agreement.
;duress:Forcing someone to do something though psychological or emotional pressure; a defence to the enforcement of a contract. If, for example, a separation agreement was entered into under duress, that may be a ground to dispute or set aside that agreement.
;duty:In law, a legal obligation to do or not do something, whether under the common law or pursuant to legislation.
;duty:In law, a legal obligation to do or not do something, whether under the common law or pursuant to legislation.
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