Terminology: Difference between revisions
From Clicklaw Wikibooks
m
Minor language changes
(minor) |
m (Minor language changes) |
||
| Line 357: | Line 357: | ||
;onus:The obligation of a party to prove his or her case; the burden of proof. The onus usually lies on the party who makes a claim, although in certain circumstances this burden is reversed, usually by operation of statute. | ;onus:The obligation of a party to prove his or her case; the burden of proof. The onus usually lies on the party who makes a claim, although in certain circumstances this burden is reversed, usually by operation of statute. | ||
;omission:In law, a failure to do something, whether the failure was intentional or unintentional. | ;omission:In law, a failure to do something, whether the failure was intentional or unintentional. | ||
;opinion:In law, a lawyer's advice to his or her client; a lawyer's analysis of a legal problem; the views of an expert as to a matter at issue in an action. See "expert evidence." | ;opinion:In law, a lawyer's advice to his or her client; a lawyer's analysis of a legal problem; the views of an expert as to a matter at issue in an action. See "expert evidence" and "opinion evidence." | ||
;opinion evidence: Evidence given orally at trial or in writing in by affidavit concerning a witness' convictions, feelings or views on something. Opinion evidence is inadmissible except when the opinion is offered by an expert. See "affidavit," "evidence," "expert" and "witness." | ;opinion evidence: Evidence given orally at trial or in writing in by affidavit concerning a witness' convictions, feelings or views on something. Opinion evidence is inadmissible except when the opinion is offered by an expert on a subject within his or her expertise. See "affidavit," "evidence," "expert" and "witness." | ||
;order:A mandatory direction of the court, binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. See "appeal," "consent order," "decision" and "declaration." | ;order:A mandatory direction of the court, binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. See "appeal," "consent order," "decision" and "declaration." | ||
;ordinary service:Sending legal documents to a party at that party's "address for service," usually by mail, fax or email. Certain documents, like a Notice of Family Claim, must be served on the other party by personal service. Most other documents may be served by ordinary service. See also "address for service" and "personal service." | ;ordinary service:Sending legal documents to a party at that party's "address for service," usually by mail, fax or email. Certain documents, like a Notice of Family Claim, must be served on the other party by personal service. Most other documents may be served by ordinary service. See also "address for service" and "personal service." | ||
;ownership:A legal right to have a thing that is enforceable in court. See "possession." | ;ownership:A legal right to have and use a thing that is enforceable in court. See "possession." | ||
==P== | ==P== | ||
;paramountcy, doctrine of:In constitutional law, the rule that a federal law on a subject is superior to and takes precedence over a provincial law on the same subject. See "act" and "constitution." | ;paramountcy, doctrine of:In constitutional law, the rule that a federal law on a subject is superior to and takes precedence over a provincial law on the same subject where it is impossible to comply with both laws. See "act" and "constitution." | ||
;''parens patriae'':A Latin phrase meaning "parent of the country." Refers to the court's inherent jurisdiction to deal with issues concerning persons under a legal disability, | ;''parens patriae'':A Latin phrase meaning "parent of the country." Refers to the court's inherent jurisdiction to deal with issues concerning persons under a legal disability, including children. See "children," "disability" and "jurisdiction." | ||
;parent:In family law, the natural or adoptive father or mother of a child; may also include stepparents, depending on the circumstances and the applicable legislation; may include the donors of eggs or sperm and surrogate mothers, depending on the circumstances and the terms of any assisted reproduction agreement. See "adoptive parent," "natural parent" and "stepparent." | ;parent:In family law, the natural or adoptive father or mother of a child; may also include stepparents, depending on the circumstances and the applicable legislation; may include the donors of eggs or sperm and surrogate mothers, depending on the circumstances and the terms of any assisted reproduction agreement. See "adoptive parent," "natural parent" and "stepparent." | ||
;parental responsibilities:A term under the ''Family Law Act'' which describes the various responsibilities exercised by guardians in the care, upbringing and management of the children in their care, including determining the child's education, diet, religious instruction or lack thereof, medical care, linguistic and cultural instruction, and so forth. See "guardian." | ;parental responsibilities:A term under the ''Family Law Act'' which describes the various rights, duties and responsibilities exercised by guardians in the care, upbringing and management of the children in their care, including determining the child's education, diet, religious instruction or lack thereof, medical care, linguistic and cultural instruction, and so forth. See "guardian." | ||
;parenting arrangements:A term under the ''Family Law Act'' which describes the arrangements for parental responsibilities and parenting time among guardians, made in an order or agreement. "Parenting arrangements" does not include contact. See "contact," "guardian," "parental responsibilities" and "parenting time." | ;parenting arrangements:A term under the ''Family Law Act'' which describes the arrangements for parental responsibilities and parenting time among guardians, made in an order or agreement. "Parenting arrangements" does not include contact. See "contact," "guardian," "parental responsibilities" and "parenting time." | ||
;parenting coordination:A child-focused dispute resolution process used to resolve disputes about parenting arrangements and the implementation of a parenting plan set out in a final order or agreement. See "alternative dispute resolution" and "parenting coordinator." | ;parenting coordination:A child-focused dispute resolution process used to resolve disputes about parenting arrangements and the implementation of a parenting plan set out in a final order or agreement. See "alternative dispute resolution" and "parenting coordinator." | ||
| Line 376: | Line 376: | ||
;partition:In law, the division of the ownership of a piece of real property between two or more people. See "real property." | ;partition:In law, the division of the ownership of a piece of real property between two or more people. See "real property." | ||
;party:In law, a person named as an applicant, claimant, respondent or third party in a court proceeding; someone asserting a claim in a court proceeding or against whom a claim has been brought. See "action" and "litigant." | ;party:In law, a person named as an applicant, claimant, respondent or third party in a court proceeding; someone asserting a claim in a court proceeding or against whom a claim has been brought. See "action" and "litigant." | ||
;paternity:Fatherhood of a child. See "bastard." | ;paternity:Fatherhood of a child, often contested by persons seeking to avoid a child support obligation. See "bastard." | ||
;paternity test:A scientific test performed to determine the parentage of a child, usually performed by the genetic testing of the blood or saliva of the alleged parents and the child. | ;paternity test:A scientific test performed to determine the biological parentage of a child, usually performed by the genetic testing of the blood or saliva of the alleged parents and the child. | ||
;peace officer:A person having a duty to enforce the law as a result of his or her position or employment, including police officers as well as RCMP officers, sheriffs, customs officers and mayors, among others. | ;peace officer:A person having a duty to enforce the law as a result of his or her position or employment, including municipal police officers as well as RCMP officers, sheriffs, customs officers and mayors, among others. | ||
;pecuniary:Relating to money, which is exactly what someone who is "impecunious" doesn't have a great deal of. See "indigent." | ;pecuniary:Relating to money, which is exactly what someone who is "impecunious" doesn't have a great deal of. See "indigent." | ||
;peremptory:Something which is fixed, mandatory or absolute. A peremptory hearing date, for example, is a date on which a hearing will absolutely proceed without any further adjournments or delay. | ;peremptory:Something which is fixed, mandatory or absolute. A peremptory hearing date, for example, is a date on which a hearing will absolutely proceed without any further adjournments or delay. | ||
| Line 392: | Line 392: | ||
;platypus:A duck-billed egg-laying aquatic mammal, the males of which are venomous. | ;platypus:A duck-billed egg-laying aquatic mammal, the males of which are venomous. | ||
;pleading:A legal document setting out either a claim or a defence to a claim prepared at or following the start of a court proceeding. In the Provincial Court, the pleadings are the Application to Obtain an Order and Reply. In the Supreme Court, the pleadings include the Notice of Family Claim, Response to Family Claim, Counterclaim, Petition and Response to Petition. See "action," "claim" and "Counterclaim." | ;pleading:A legal document setting out either a claim or a defence to a claim prepared at or following the start of a court proceeding. In the Provincial Court, the pleadings are the Application to Obtain an Order and Reply. In the Supreme Court, the pleadings include the Notice of Family Claim, Response to Family Claim, Counterclaim, Petition and Response to Petition. See "action," "claim" and "Counterclaim." | ||
;polygamy:The act going through a marriage ceremony or performing a marriage ceremony between three or more persons or with a person who is already married to more than two other persons . This is a criminal offence in Canada, under s. 293 of the ''Criminal Code'', although one that is rarely enforced. | ;polygamy:The act going through a marriage ceremony or performing a marriage ceremony between three or more persons or with a person who is already married to more than two other persons . This is a criminal offence in Canada, under s. 293 of the ''Criminal Code'', although one that is rarely enforced. All marriages subsequent to the first valid, subsisting marriage are void ''ab initio''. See "ab initio," "bigamy" and "marriage, validity of." | ||
;possession:In law, the right to have the control and use of a thing. One can have a right to the possession of a thing without owning it, as in the case of a car lease, or ownership without possession, as in the case of a landlord who rents an apartment suite. See "ownership." | ;possession:In law, the right to have the control and use of a thing. One can have a right to the possession of a thing without owning it, as in the case of a car lease, or ownership without possession, as in the case of a landlord who rents an apartment suite. See "ownership." | ||
;preamble:An introductory statement in legislation, an order or an agreement usually describing the purpose of the legislation or the parties to the order or agreement. Preambles are normally used to provide a guide the to interpretation of the rest of the document. See "act" and "family law agreements." | ;preamble:An introductory statement in legislation, an order or an agreement usually describing the purpose of the legislation or the parties to the order or agreement. Preambles are normally used to provide a guide the to interpretation of the rest of the document. See "act" and "family law agreements." | ||
| Line 405: | Line 405: | ||
;property:Something which can be owned. See "chattels" and "real property." | ;property:Something which can be owned. See "chattels" and "real property." | ||
;protection order:An order available under the ''Family Law Act'' for the protection of a person at risk of family violence. Protection orders include orders restraining someone from harassing, contacting or stalking a person, restraining someone from going to a person's home, place of employment or school. See "application," "ex parte" and "restraining order." | ;protection order:An order available under the ''Family Law Act'' for the protection of a person at risk of family violence. Protection orders include orders restraining someone from harassing, contacting or stalking a person, restraining someone from going to a person's home, place of employment or school. See "application," "ex parte" and "restraining order." | ||
;Provincial Court:A court established and staffed by the provincial government, which includes Small Claims Court, Youth Court and Family Court. The Provincial Court is the lowest level of court in British Columbia and is restricted in the sorts of matters it can deal with. Small Claims Court, for example, cannot deal with claims larger than $25,000, and Family Court cannot deal with the division of family property or matters under the ''Divorce Act''. See "judge" and "jurisdiction." | ;Provincial Court:A court established and staffed by the provincial government, which includes Small Claims Court, Youth Court and Family Court. The Provincial Court is the lowest level of court in British Columbia and is restricted in the sorts of matters it can deal with. It is, however, the most accessible of the two trial courts and no fees are charged to begin or defend a court proceeding. Small Claims Court, for example, cannot deal with claims larger than $25,000, and Family Court cannot deal with the division of family property or matters under the ''Divorce Act''. See "judge" and "jurisdiction." | ||
==Q== | ==Q== | ||
;QC:The abbreviation of "Queen's Counsel." A QC is an | ;QC:The abbreviation of "Queen's Counsel." A QC is an honour often but not invariably granted to lawyers of particular excellence, which may also be granted for other reasons such as service to the legal community, the public or a political party. | ||
;''quantum meruit'':A Latin phrase meaning "the amount deserved." Refers to payment for a service according to the amount deserved for the performance of the service, often calculated by an hourly wage. | ;''quantum meruit'':A Latin phrase meaning "the amount deserved." Refers to payment for a service according to the amount deserved for the performance of the service, often calculated by an hourly wage. | ||
;''quantum valebant'':A Latin phrase meaning "the amount worth." Refers to the payment for a service according to the value or benefit of the service received. | ;''quantum valebant'':A Latin phrase meaning "the amount worth." Refers to the payment for a service according to the value or benefit of the service received. | ||
;quash:To set aside or vacate an order or judgment. See "action," "dismiss" and "order." | ;quash:To set aside or vacate an order, direction, decision or judgment. See "action," "dismiss" and "order." | ||
;question of fact:An issue arising where the parties disagree about a fact relevant to a court proceeding, when only one party can be right. A court's decision about what the facts of a case are called the court's "findings of fact." See "finding of fact." | ;question of fact:An issue arising where the parties disagree about a fact relevant to a court proceeding, when only one party can be right. A court's decision about what the facts of a case are called the court's "findings of fact." See "finding of fact." | ||
;question of law:An issue about which law should be applied to determine a court proceeding or about or how the law should be applied in a proceeding. A court's decision about how the law or how it should be applied is a "finding of law." See "finding of law." | ;question of law:An issue about which law should be applied to determine a court proceeding or about or how the law should be applied in a proceeding. A court's decision about how the law or how it should be applied is a "finding of law." See "finding of law." | ||
