Terminology: Difference between revisions
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==B== | ==B== | ||
;bad faith:Intentionally misleading someone else, whether by doing or not doing something; acting in a manner contrary to one's actual intention; failing to act honestly and openly. Also known by the Latin phrase ''male fides'' | ;bad faith:Intentionally misleading someone else, whether by doing or not doing something; acting in a manner contrary to one's actual intention; failing to act honestly and openly. Also known by the Latin phrase ''male fides.'' See "bona fides.” | ||
;bar:In law, the physical railing separating the public gallery in a courtroom from the portion where the judge and lawyers sit; lawyers as a group; where lawyers go after work. | ;bar:In law, the physical railing separating the public gallery in a courtroom from the portion where the judge and lawyers sit; lawyers as a group; where lawyers go after work. | ||
;barrister and solicitor:A lawyer; a person licenced to practice law in a particular jurisdiction. In England "barristers" do trial work and "solicitors" draft legal documents. In Canada, lawyers are both barristers and solicitors. | ;barrister and solicitor:A lawyer; a person licenced to practice law in a particular jurisdiction. In England "barristers" do trial work and "solicitors" draft legal documents. In Canada, lawyers are both barristers and solicitors. | ||
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;bench:The court; judges as a group; the place where a judge sits in a courtroom. | ;bench:The court; judges as a group; the place where a judge sits in a courtroom. | ||
;beneficiary:A person for whom a trustee holds a trust; the recipient or intended recipient of property given in a will. See "heir", and "trust." | ;beneficiary:A person for whom a trustee holds a trust; the recipient or intended recipient of property given in a will. See "heir", and "trust." | ||
;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 | ;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 | ;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.” | ||
;bill of costs:In British Columbia, an account prepared by the party who is awarded their costs of an action or application and is presented to the other party for payment. A bill of costs is prepared according to a formula set out in the Supreme Court Family Rules. | ;bill of costs:In British Columbia, an account prepared by the party who is awarded their costs of an action or application and is presented to the other party for payment. A bill of costs is prepared according to a formula set out in the Supreme Court Family Rules. | ||
;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 | ;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 | ;''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.” | ||
;breach of contract:Acting or not acting in a manner that is contrary to the terms of an contract. In family law, the breach of one party usually gives rise to a cause of action for the other party, but the breach is unlikely to allow the other party to treat the agreement as if it were cancelled or had been voided. | ;breach of contract:Acting or not acting in a manner that is contrary to the terms of an contract. In family law, the breach of one party usually gives rise to a cause of action for the other party, but the breach is unlikely to allow the other party to treat the agreement as if it were cancelled or had been voided. | ||
;brief:In law, a written argument; a memorandum of law. A brief is usually presented to a judge as a summary of an argument or the law on a particular issue. Curiously, briefs are rarely brief. | ;brief:In law, a written argument; a memorandum of law. A brief is usually presented to a judge as a summary of an argument or the law on a particular issue. Curiously, briefs are rarely brief. | ||
;BTW:A law student's mnemonic device, short for "Bigamy = Two Wives | ;BTW:A law student's mnemonic device, short for "Bigamy = Two Wives.” | ||
;burden of proof: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. | ;burden of proof: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. | ||
;business days:A method of calculating time under which the days for a legal deadline are determined based on when the court is open for business, excluding weekends and holidays. See "calendar days" and "clear days | ;business days:A method of calculating time under which the days for a legal deadline are determined based on when the court is open for business, excluding weekends and holidays. See "calendar days" and "clear days.” | ||
==C== | ==C== | ||
