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Difference between revisions of "Terminology"
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;advocate:A lawyer; sometimes a person other than a lawyer who presents and argues a case in court on behalf of a party to the proceeding. To argue a contested position. | ;advocate:A lawyer; sometimes a person other than a lawyer who presents and argues a case in court on behalf of a party to the proceeding. To argue a contested position. | ||
;affidavit:A legal document in which a person provides evidence of certain facts and events in writing, as if the evidence was given orally in court. Affidavits must be notarized by a lawyer or notary public who takes the oath or affirmation of the person making the affidavit to confirm the truth of the affidavit. Affidavits are used as evidence, just as if the deponent, the person making the affidavit, had made the statements as a witness. See "deponent" and "witness". | ;affidavit:A legal document in which a person provides evidence of certain facts and events in writing, as if the evidence was given orally in court. Affidavits must be notarized by a lawyer or notary public who takes the oath or affirmation of the person making the affidavit to confirm the truth of the affidavit. Affidavits are used as evidence, just as if the deponent, the person making the affidavit, had made the statements as a witness. See "deponent" and "witness". | ||
;affidavit of service:A legal document required by the rules of court in which a person who as personally served someone described 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". | |||
;affirm:To promise that a statement is true. When someone "swears" to tell the truth, they are taking an oath on their faith in a god. Affirming is a substitute for taking an oath, and is most often employed where person making the statement is an atheist or under a religious proscription from making oaths. See "affidavit", "oath", "perjury" and "witness". | ;affirm:To promise that a statement is true. When someone "swears" to tell the truth, they are taking an oath on their faith in a god. Affirming is a substitute for taking an oath, and is most often employed where person making the statement is an atheist or under a religious proscription from making oaths. See "affidavit", "oath", "perjury" and "witness". | ||
;age of majority:The age at which a child becomes a legal adult with the full capacity to act on their own, including the capacity to sue and be sued. In British Columbia, the age of majority is 19. The age of majority has nothing to do with being entitled to vote or buy alcohol, although federal and provincial laws sometimes link those privileges with the age at which one attains majority. See "disability" and "infant". | ;age of majority:The age at which a child becomes a legal adult with the full capacity to act on their own, including the capacity to sue and be sued. In British Columbia, the age of majority is 19. The age of majority has nothing to do with being entitled to vote or buy alcohol, although federal and provincial laws sometimes link those privileges with the age at which one attains majority. See "disability" and "infant". | ||
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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 some 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". | ||
