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Difference between revisions of "Terminology"
From Clicklaw Wikibooks
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;sale:An agreement to transfer the ownership of property from one person to another in exchange for the reciprocal transfer of something else, usually money. See "agreement". | ;sale:An agreement to transfer the ownership of property from one person to another in exchange for the reciprocal transfer of something else, usually money. See "agreement". | ||
;self-represented litigant:A party to a court proceeding who is not represented by a lawyer and acts on his or her own behalf; a lay litigant; a ''pro se'' litigant. See "action", "lawyer" and "litigant". | ;self-represented litigant:A party to a court proceeding who is not represented by a lawyer and acts on his or her own behalf; a lay litigant; a ''pro se'' litigant. See "action", "lawyer" and "litigant". | ||
;separation:In family law, the decision of one or both parties to terminate a married or unmarried relationship; the act of one person leaving the family home to live somewhere else with the intention of terminating the relationship. There is no such thing as a "legal separation". In general, one separates by simply moving out, however it is possible be separated but still live under the same roof. See "divorce, grounds of". | ;separation:In family law, the decision of one or both parties to terminate a married or unmarried relationship; the act of one person leaving the family home to live somewhere else with the intention of terminating the relationship. There is no such thing as a "legal separation". In general, one separates by simply moving out, however it is possible to be separated but still live under the same roof. See "divorce, grounds of". | ||
;separation agreement:A contract intended to resolve all or some of the issues outstanding following the breakdown of a relationship and intended to guide the parties in their dealings with one another thereafter. A typical separation agreement is signed following a settlement reached through negotiations and deals with issues including guardianship, parenting arrangements, contact, support, the division of property and the division of debt. See "family law agreements". | ;separation agreement:A contract intended to resolve all or some of the issues outstanding following the breakdown of a relationship and intended to guide the parties in their dealings with one another thereafter. A typical separation agreement is signed following a settlement reached through negotiations and deals with issues including guardianship, parenting arrangements, contact, support, the division of property and the division of debt. See "family law agreements". | ||
;service, affidavit of:A legal document required by the rules of court in which a person who has personally served someone describes the circumstances in which the person was served. This may be essential to prove personal service, particularly if the serving party intends to seek a default judgment, as is usually the case in a desk order divorce. See "default judgment" and "personal service". | ;service, affidavit of:A legal document required by the rules of court in which a person who has personally served someone describes the circumstances in which the person was served. This may be essential to prove personal service, particularly if the serving party intends to seek a default judgment, as is usually the case in a desk order divorce. See "default judgment" and "personal service". | ||
;service, substituted:Personal service performed in a way other than required by the rules of court, as may be authorized by the court. If a respondent cannot be served for | ;service, substituted:Personal service performed in a way other than required by the rules of court, as may be authorized by the court. If a respondent cannot be served for any reason, such as if he or she is hiding or refusing service, the court may permit a claimant to serve the other party "substitutionally" by means including an ad in the legal notices section of a newspaper's classified ads or posting the document in the court registry. See "personal service". | ||
;service ''ex juris'':Service of legal documents on someone living outside of British Columbia as may be permitted by the rules of court. See "personal service". | ;service ''ex juris'':Service of legal documents on someone living outside of British Columbia as may be permitted by the rules of court. See "personal service". | ||
;settlement:A resolution of one or more matters at issue in a court proceeding or legal dispute with the agreement of the parties to the proceeding or dispute, usually recorded in a written agreement or in an order that all parties agree the court should make. A court proceeding can be settled at any time before the trial. See "action", "consent order", "family law agreements" and "offer". | ;settlement:A resolution of one or more matters at issue in a court proceeding or legal dispute with the agreement of the parties to the proceeding or dispute, usually recorded in a written agreement or in an order that all parties agree the court should make. A court proceeding can be settled at any time before the trial. See "action", "consent order", "family law agreements" and "offer". | ||
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;stepparent:The spouse of a person who has children from a previous relationship. A stepparent may qualify as a "parent" for the purposes of issues relating to child support and the care and control of a child under both the ''Divorce Act'' and the ''Family Law Act''. See "parent" and "spouse". | ;stepparent:The spouse of a person who has children from a previous relationship. A stepparent may qualify as a "parent" for the purposes of issues relating to child support and the care and control of a child under both the ''Divorce Act'' and the ''Family Law Act''. See "parent" and "spouse". | ||
;subpoena:A legal document, issued by a court or by a party pursuant to the rules of court, which compels a person to attend court to give evidence as a witness, and, sometimes, to produce a specific document. Failure to obey a subpoena may constitute contempt of court. See "contempt of court", "evidence" and "witness". | ;subpoena:A legal document, issued by a court or by a party pursuant to the rules of court, which compels a person to attend court to give evidence as a witness, and, sometimes, to produce a specific document. Failure to obey a subpoena may constitute contempt of court. See "contempt of court", "evidence" and "witness". | ||
;substituted service:Personal service performed in a way other than required by the rules of court, as may be authorized by the court. If a respondent cannot be served for | ;substituted service:Personal service performed in a way other than required by the rules of court, as may be authorized by the court. If a respondent cannot be served for any reason, such as if he or she is hiding or refusing service, the court may permit a claimant to serve the other party "substitutionally" by means including an ad in the legal notices section of a newspaper's classified ads or posting the document in the court registry. See "personal service". | ||
;suit:In law, a court proceeding; a lawsuit; a legal action; a case; a claimant's claim against a respondent. In fashion, something Moore's doesn't make particularly well. See "action". | ;suit:In law, a court proceeding; a lawsuit; a legal action; a case; a claimant's claim against a respondent. In fashion, something Moore's doesn't make particularly well. See "action". | ||
;Supreme Court:Normally referred to as the "Supreme Court of British Columbia," this court hears most court proceedings in this province. The Supreme Court is a court of inherent jurisdiction and is subject to no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal", "jurisdiction", "Provincial Court" and "Supreme Court of Canada". | ;Supreme Court:Normally referred to as the "Supreme Court of British Columbia," this court hears most court proceedings in this province. The Supreme Court is a court of inherent jurisdiction and is subject to no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal", "jurisdiction", "Provincial Court" and "Supreme Court of Canada". | ||
