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Difference between revisions of "Terminology"
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==B== | ==B== | ||
;bad faith:Intentionally misleading someone else, whether by doing or not doing something | ;bad faith:Intentionally misleading someone else, whether by doing or not doing something; acting in a manner contrary to one's actual intention; an intentional failure to act honestly and openly. Also called ''male fides''. | ||
;barrister & solicitor:A lawyer. a person licenced to practice law in a particular jursidiction. In England barristers do trial work and solicitors draft legal documents. In Canada, lawyers are both barristers and solicitors. | ;barrister & solicitor:A lawyer. a person licenced to practice law in a particular jursidiction. In England barristers do trial work and solicitors draft legal documents. In Canada, lawyers are both barristers and solicitors. | ||
;beneficiary:The person for whose benefit a trustee holds property. the recipient or intended recipient of property passed in a will. | ;beneficiary:The person for whose benefit a trustee holds property. the recipient or intended recipient of property passed in a will. | ||
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;brief:A written argument. a memorandum of law. A brief is usually presented to a judge as a summary of an argument or a summary of the law on a particular issue. | ;brief:A written argument. a memorandum of law. A brief is usually presented to a judge as a summary of an argument or a summary of the law on a particular issue. | ||
;business assets:In family law, property owned by a spouse's company or corporation and not used for family purposes. Business assets are not usually subject to division between spouses, unlike family assets. | ;business assets:In family law, property owned by a spouse's company or corporation and not used for family purposes. Business assets are not usually subject to division between spouses, unlike family assets. | ||
==C== | ==C== | ||
;Charter of Rights and Freedoms:A part of the ''Constitution Act, 1981'' which sets out the fundamental rights and freedoms shared 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''. Certain sections of the ''Charter'', particularly the portions dealing with equality rights, have a special importance for family law. For example, the way that the provincial ''Family Relations Act'' treats unmarried and married couples differently for the purposes of dividing their assets may be contrary to equality guarantees set out in the ''Charter''. | ;Charter of Rights and Freedoms:A part of the ''Constitution Act, 1981'' which sets out the fundamental rights and freedoms shared 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''. Certain sections of the ''Charter'', particularly the portions dealing with equality rights, have a special importance for family law. For example, the way that the provincial ''Family Relations Act'' treats unmarried and married couples differently for the purposes of dividing their assets may be contrary to equality guarantees set out in the ''Charter''. | ||