Difference between revisions of "Terminology"

;real estate; real property:A parcel of land and the buildings on that land. Real property is different from chattels or personal property because it cannot be moved. A landlord gives someone the right to the possess a property in exchange for rent while keeping the ownership of the property. A person who has mortgaged their property gives the bank the right of ownership while retaining the right to possess the property. See also “Chattel,” “Ownership” and “Possession.”

;reapportion:In family law, the division of family assets unequally, so as to favour one spouse over the other. See "Apportion" and "Family Assets."

;rebut:In law, to reply to an argument, a statement of fact or a legal presumption by presenting argument or evidence to the contrary, or evidence which tends to disturb a presumption.

;reconciliation:In family law, the resumption of cohabitation between married spouses with the intention of salvaging their marriage and making another go of it. See "Separation."

;registry; court registry:A central office, located in each judicial district, at which the court files for each legal action brought in that district are maintained, and at which legal documents can be filed, searched and reviewed.

;Land Title Registry:See "Land Title and Survey Authority."

;regulations:A kind of lesser legislation consisting of supplemental rules to a particular act. Regulations are created and amended by the government, not the legislature, pursuant to the provisions of an act. As such, the legislature has no say as to what sort of regulations are imposed or what the effect of those regulations will be. See “Act.”

;rehearing:A reconsideration or retrial of an action or application, sometimes based on the evidence which was presented at the first hearing or trial and/or fresh evidence. See “Action,” “Application” and “De Novo.”

;release:In law, a legal document in which a person gives up a right or a claim, or the entitlement to enforce a right or advance a claim. Releases are usually signed following the settlement of a claim or potential claim. See "Action" and "Claim."

;relief:In law, an order sought by one party to a legal action as set out in his or her pleadings. Where more than one remedy or order is sought, each remedy sought is called a “head of relief.” See “Action,” “Application” and “Pleadings.”

;reply:In law, an answer or rebuttal to a claim made or a defence raised by the other party to an action. See “Action,” “Claim” and “Defence.”

;representation:In contact law, a promise made by someone about a certain state of affairs, like "the plumbing was replaced last year." See “Misrepresentation.”

;rescind:To terminate or revoke a contract or agreement. See “Contract” and “Family Agreements.”

;residence:The geographic place where a person permanently lives. This is different from a person’s "domicile" in that a person’s residence is more concrete and less changeable in nature. A person’s residence can also have an impact on a court’s authority to hear and decide a legal action. See “Domicile” and “Jurisdiction.”

;res judicata:A Latin phrase meaning “a thing decided.” A final order, unlike an interim order, renders an issue moot and legally concluded unless it is appealed. See “Order.”

;respondent:The person against whom a claim has been brought by Notice of Family Claim. See “Application” and “Notice of Family Claim.”

;restraining order:An order which forbids a party from doing or not doing a thing. In family law, common restraining orders include stopping someone from travelling out of an area with the children, stopping someone from disposing of assets, and stopping someone from harassing someone else. See “Ex Parte” and “Order.”

;resulting trust:In family law, the finding by a court that one party holds all or a part of an asset in trust for another as a result of the parties’ intention to make a trust; a trust relationship inferred by operation of law. See “Constructive Trust” and “Trust.”

;retainer:This term has several meanings: 1) the act of hiring of lawyer; 2) the money paid by a lawyer to hire his or her services; and, 3) the terms and extent of a lawyer's work on behalf of a client.

;reversal:In law, usually refers to a decision of an appeal court overturning the prior decision of a lower court on a particular issue. The lower court's decision is then said to have been "reversed on appeal." See “Appeal” and “Common Law.”

;review:In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. A separation agreement or an order may state that a particular term is reviewable at a certain date, and on that date the term may be cancelled, varied or left alone. See "De Novo," “Family Law Agreements” and “Order.”

;right of action:See "Cause of Action."