Terminology: Difference between revisions
From Clicklaw Wikibooks
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;calendar days:A method of calculating time under which the days for a legal deadline are counted as they appear in the calendar, including weekends and holidays. See "business days" and "clear days". | ;calendar days:A method of calculating time under which the days for a legal deadline are counted as they appear in the calendar, including weekends and holidays. See "business days" and "clear days". | ||
;case:In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. Also the historic decisions of the court. See "action", "case law'', "court proceeding" and "precedent". | ;case:In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. Also the historic decisions of the court. See "action", "case law'', "court proceeding" and "precedent". | ||
;case at bar:The case presently before the court;the case being argued. | ;case at bar:The case presently before the court;the case being argued. | ||
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;Certificate of Fees:A document endorsed by a Master or Registrar stating the amount a client owes to his or her lawyer, issued following a hearing to "assess" or "tax" a lawyer's bill and determine what portion of the lawyer's bill was reasonable and is properly owed to or refundable by that lawyer. See "account". | ;Certificate of Fees:A document endorsed by a Master or Registrar stating the amount a client owes to his or her lawyer, issued following a hearing to "assess" or "tax" a lawyer's bill and determine what portion of the lawyer's bill was reasonable and is properly owed to or refundable by that lawyer. See "account". | ||
;Certificate of Pending Litigation;A document filed in the Land Title and Survey Authority against the title of real property stating that the property is the subject of a court proceeding and that ownership of the property may change as a result, formerly called a ''lis pendens''. In family law, a CPL is used to protect the interest of a party in a piece of property by notifying potential purchasers or mortgagees about the court proceeding. See "clear title", "encumbrance" and "real property". | ;Certificate of Pending Litigation;A document filed in the Land Title and Survey Authority against the title of real property stating that the property is the subject of a court proceeding and that ownership of the property may change as a result, formerly called a ''lis pendens''. In family law, a CPL is used to protect the interest of a party in a piece of property by notifying potential purchasers or mortgagees about the court proceeding. See "clear title", "encumbrance" and "real property". | ||
;chattel:Personal property; an item of property other than real estate. See "real property". | ;''Charter of Rights and Freedoms'':Also known as the ''Charter'', the part of the ''Constitution Act, 1982'' which sets out the fundamental rights and freedoms enjoyed by all Canadians, including the freedoms of religion and expression and the rights to life and liberty. Neither the federal nor the provincial governments can pass laws or act in ways contrary to the ''Charter''. | ||
;chattel:Personal property; an item of property other than real estate. See "real property".\ | |||
;child:A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority". | ;child:A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority". | ||
;child support:Money paid by one parent or guardian to another parent or guardian as a contribution to the cost of a child's living expenses. | ;child support:Money paid by one parent or guardian to another parent or guardian as a contribution to the cost of a child's living expenses. | ||
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;circumstantial evidence:Evidence which doesn't prove a fact but allows a court to logically infer a fact; indirect proof of a fact. For example, a fixed amount of money deposited every two weeks into someone's bank account may allow the court to infer that the person has a job even though there is no direct evidence of that person's employment. | ;circumstantial evidence:Evidence which doesn't prove a fact but allows a court to logically infer a fact; indirect proof of a fact. For example, a fixed amount of money deposited every two weeks into someone's bank account may allow the court to infer that the person has a job even though there is no direct evidence of that person's employment. | ||
;civil action:A court proceeding other than a criminal curt proceedings. All family law court proceedings are civil actions. | ;civil action:A court proceeding other than a criminal curt proceedings. All family law court proceedings are civil actions. | ||
;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. | ;''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. | ;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. | ||
;Claimant:The person who starts a court proceeding seeking an order for specific remedy or relief against another person, the Respondent. See "action" and "Respondent". | ;Claimant:The person who starts a court proceeding seeking an order for specific remedy or relief against another person, the Respondent. See "action" and "Respondent". | ||
