2,667
edits
Difference between revisions of "Terminology"
From Clicklaw Wikibooks
→E
(→D) |
(→E) |
||
| Line 196: | Line 196: | ||
;error of law:A ground of appeal which asserts that the trial judge did not apply the law correctly in reaching his or her decision. This is the most common ground of appeal. See "appeal". | ;error of law:A ground of appeal which asserts that the trial judge did not apply the law correctly in reaching his or her decision. This is the most common ground of appeal. See "appeal". | ||
;estate:The personal property and real property which a person owns or in which he or she has an interest, usually in connection with the prospect or event of the person's death. | ;estate:The personal property and real property which a person owns or in which he or she has an interest, usually in connection with the prospect or event of the person's death. | ||
;et al.:A Latin phrase meaning "and others", short for ''et alia''… because "alia" is just such a pain to write out. Formerly used in a style of cause to indicate that there are more parties to a legal action than are listed, and now replaces with the English phrase. See "style of cause". | ;''et al.'':A Latin phrase meaning "and others", short for ''et alia''… because "alia" is just such a pain to write out. Formerly used in a style of cause to indicate that there are more parties to a legal action than are listed, and now replaces with the English phrase. See "style of cause". | ||
;evidence:Facts or proof of facts presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence", "hearsay" and "testimony". | ;evidence:Facts or proof of facts presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence", "hearsay" and "testimony". | ||
;evidentiary burden:The obligation of a party to prove his or her case; the onus of proof. The burden of proof usually lies on the party who makes a claim, although in certain circumstances this burden is reversed, usually by operation of statute. In civil litigation, a party must prove his or her case on the balance of probabilities. | ;evidentiary burden:The obligation of a party to prove his or her case; the onus of proof. The burden of proof usually lies on the party who makes a claim, although in certain circumstances this burden is reversed, usually by operation of statute. In civil litigation, a party must prove his or her case on the balance of probabilities. | ||
| Line 204: | Line 204: | ||
;execute:In contract law, to complete or accomplish; to complete the legal formalities necessary to give a document effect. One "executes" a separation agreement, for example, by signing it in the presence of a witness. | ;execute:In contract law, to complete or accomplish; to complete the legal formalities necessary to give a document effect. One "executes" a separation agreement, for example, by signing it in the presence of a witness. | ||
;executor:The person responsible for carrying out the instructions in a will and wrapping up a deceased person's estate and debts. The lovely feminine form of the word is "executrix", though the masculine form is commonly applied to executrices. See "estate", "testator" and "will". | ;executor:The person responsible for carrying out the instructions in a will and wrapping up a deceased person's estate and debts. The lovely feminine form of the word is "executrix", though the masculine form is commonly applied to executrices. See "estate", "testator" and "will". | ||
;ex parte:A Latin phrase meaning "from one party". Refers to an application that is brought before the court without notice being given to the other party. Such applications are only heard in urgent situations, for example, where a guardian has threatened to flee with the children. See "application". | ;''ex parte'':A Latin phrase meaning "from one party". Refers to an application that is brought before the court without notice being given to the other party. Such applications are only heard in urgent situations, for example, where a guardian has threatened to flee with the children. See "application". | ||
;expert evidence:Opinion evidence given by an expert at trial, in an affidavit or in a report. Opinion evidence is a statement about what a witness thinks or believes, rather than something personally known as a fact, and is generally not admissible at trial except when the opinion is provided by an expert. A person presented as an expert witness must be approved by the court as a qualified expert in his or her field. In family law, experts typically called to give evidence include accountants, business valuators, doctors, and psychologists. See "evidence" and "witness". | ;expert evidence:Opinion evidence given by an expert at trial, in an affidavit or in a report. Opinion evidence is a statement about what a witness thinks or believes, rather than something personally known as a fact, and is generally not admissible at trial except when the opinion is provided by an expert. A person presented as an expert witness must be approved by the court as a qualified expert in his or her field. In family law, experts typically called to give evidence include accountants, business valuators, doctors, and psychologists. See "evidence" and "witness". | ||
