Difference between revisions of "Terminology"

;answer:A response to an allegation of fact or to a claim. Usually refers to documents which reply to the allegations or claims made by the other party, such as a "Response to Family Claim" or a "Reply".

;appeal:An application to a higher court for a review of the correctness of a decision of a lower court. A decision of a judge of the Supreme Court of British Columbia can, for example, be appealed to the Court of Appeal for British Columbia.

;application:A request to the court that it make an order for a specific remedy or relief usually on an interim or temporary basis, also called a "chambers application" or a "motion". See also "interim application" and "relief."

;Application Response:A legal document required by the Supreme Court Family Rules to reply to a Notice of Application, which sets out the relief agreed to and opposed by the Application Respondent and the facts in support of that position. See "interim application".

;apportion:In family law, to divide equally, usually referring to the division of family property between spouses. See also "reapportion".

;bigamy:The act of going through a form of marriage ceremony with one person while being already married to someone else. This is a criminal offence in Canada, unlike Utah. Bigamous marriages, subsequent to the first marriage, are void ab initio. See "ab initio" and "marriage, validity of".

;bill:In law, a lawyer's statement of account for services rendered to his or her client. A piece of draft legislation presented to the legislature for its approval. See "account", "act" and "lawyer's fees".

;binding:In law, a requirement or obligation to honour and abide by something, such as a contract or order of the court. A judge's order is "binding" in the sense that it must be obeyed or a certain punishment will be imposed. Also refers to the principle that a higher court's decision on a point of law must be adopted by a lower court. See "contempt" and "precedent".

;''bona fide'':A Latin phrase meaning "in good faith". Doing something honestly and openly, without intending to mislead, deceive or harm someone else. See "bad faith".

;''Civil Marriage Act'':Federal legislation that expands the common law definition of spouse to include persons of the same gender, thereby allowing persons of the same sex to marry one another.

;claim:The assertion of a legal right to an order or to a thing; the remedy or relief sought by a party to a court proceeding.

;clear days:A method of calculating time under which the days for an action to occur are counted by excluding the first day and the last day in the period. For example, a court order obtained on Monday that says that some can apply to vary the order on "two clear days' notice" means that the soonest the person could apply is Thursday. See "business days" and "calendar days".

;clear title:Ownership of property without any debt, liens or claims being registered against the property. For example, owning a piece of land without a mortgage or a CPL on the property, or owning a car without a car loan. See "Certificate of Pending Litigation."

;relief:In law, an order sought by a party to a court proceeding or application, usually as described in his or her pleadings. Where more than one order or type of order is sought, each order 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 court proceeding or legal dispute. See "action", "claim", "defence" and "rebut".

;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  law agreements".

;''res judicata'':A Latin phrase meaning "a thing decided". A final order, unlike an interim order, permanently concludes a legal dispute and usually a court proceeding, unless it is appealed. See "appeal" and "final order".

;Response to Family Claim: A legal document required by the Supreme Court Family Rules in which the Respondent to a court proceeding sets out his or her reply to the Claimant's claim and the grounds for his or her reply. See "action", claim", "Notice of Family Claim" and "pleadings".

;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 property, and stopping someone from harassing someone else. See "ex parte", "order" and "protection order".

;resulting trust:In family law, the finding by a court that a party holds all or a part of his her property in trust for someone else as a result of the parties' intention to make a trust; a trust relationship inferred by operation of law. See "constructive trust" and "Trust".