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Difference between revisions of "Terminology"

From Clicklaw Wikibooks
4 bytes added ,  12:49, 11 April 2013
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;''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".
;''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 stepparents, depending on the circumstances and the applicable legislation; may include the donors of eggs or sperm and surrogate mothers, depending on the circumstances and the terms of any assisted reproduction agreement. See "adoptive parent", "natural parent" and "stepparent".
;parent:In family law, the natural or adoptive father or mother of a child; may also include stepparents, depending on the circumstances and the applicable legislation; may include the donors of eggs or sperm and surrogate mothers, depending on the circumstances and the terms of any assisted reproduction agreement. See "adoptive parent", "natural parent" and "stepparent".
;parental responsibilities:A term under the ''Family Law Act'' which describes the various responsibilities exercised by guardians in care, upbringing and management of the children in their care, including determining the child's education, diet, religious instruction or lack thereof, medical care, linguist and cultural instruction and so forth. See "guardian".
;parental responsibilities:A term under the ''Family Law Act'' which describes the various responsibilities exercised by guardians in care, upbringing and management of the children in their care, including determining the child's education, diet, religious instruction or lack thereof, medical care, linguistic and cultural instruction and so forth. See "guardian".
;parenting arrangements:A term under the ''Family Law Act'' which describes the arrangements for parental responsibilities and parenting time among guardians, made in an order or agreement. "Parenting arrangements" does not include contact. See "contact", "guardian", "parental responsibilities" and "parenting time".
;parenting arrangements:A term under the ''Family Law Act'' which describes the arrangements for parental responsibilities and parenting time among guardians, made in an order or agreement. "Parenting arrangements" does not include contact. See "contact", "guardian", "parental responsibilities" and "parenting time".
;parenting coordination:A child-focused dispute resolution process used to resolve disputes about parenting arrangements and the implementation of a parenting plan set out in a final order or agreement. See "alternative dispute resolution" and "parenting coordinator".
;parenting coordination:A child-focused dispute resolution process used to resolve disputes about parenting arrangements and the implementation of a parenting plan set out in a final order or agreement. See "alternative dispute resolution" and "parenting coordinator".
;parenting coordinator:A lawyer or mental health professional with special training in the mediation and arbitration of family law disputes, family dynamics and child developmental pyschology meeting the training and experience requirements set out in the provincial Family Law Act Regulation.
;parenting coordinator:A lawyer or mental health professional with special training in the mediation and arbitration of family law disputes, family dynamics and child developmental psychology meeting the training and experience requirements set out in the provincial Family Law Act Regulation.
;parenting time:A term under the ''Family Law Act'' which describes the time a guardian has with a child and is responsible for the day to day care of the child. See "guardian".
;parenting time:A term under the ''Family Law Act'' which describes the time a guardian has with a child and is responsible for the day to day care of the child. See "guardian".
;parol evidence:Oral evidence given in court, as opposed to written or physical evidence. See "evidence" and "witness".
;parol evidence:Oral evidence given in court, as opposed to written or physical evidence. See "evidence" and "witness".
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;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 who rents an apartment suite. See "ownership".
;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 who rents an apartment suite. See "ownership".
;preamble:An introductory statement in legislation, an order or an agreement usually setting out the purpose of the legislation or the parties to the order or  agreement. Preambles are normally used to provide a guide the to interpretation of the rest of the document. See "act" and "family law agreements".
;preamble:An introductory statement in legislation, an order or an agreement usually setting out the purpose of the legislation or the parties to the order or  agreement. Preambles are normally used to provide a guide the to interpretation of the rest of the document. See "act" and "family law agreements".
;precedent:Historical decisions of the courts; the principle that such historic decisions of the court are binding on subsequent judges hearing cases of a similar nature or of similar circumstances. Templates or sample documents used to draft new documents. See "common law".
;precedent:Historical decisions of the courts; the principle that such historic decisions of the court are binding on subsequent judges hearing cases of a similar nature or of a similar circumstances. 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 that founds a logical argument. See "argument" and "real property".
;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 that founds a logical argument. See "argument" and "real property".
;''prima facie'':A Latin phrase meaning at "first face". Refers to a fact or circumstance that is obvious at first glance or that is easily proven.
;''prima facie'':A Latin phrase meaning at "first face". Refers to a fact or circumstance that is obvious at first glance or that is easily proven.