Terminology: Difference between revisions

;declaration:In law, a pronouncement of the court about a fact or a state of affairs, such as a declaration that a marriage is void or that a parent is the guardian of a child. Not to be confused with an ''order'', which is a mandatory direction of the court requiring a party to do or not do something. See "order".

;deem:To make an assumption that one thing follows logically from another; a presumption of a fact based on other facts. Sometimes, a presumption of a fact required by law, such as the presumption that a Responded who files a Response to Family Claim is presumed to have been served with the Notice of Family Claim.

;default:In law, failing to do something which is either optional or mandatory, such as failing to respond to an application or to a claim within the time limits set out in the rules of court. See "default judgment".

;default judgment:A judgment obtained by a Claimant following the Respondent's failure to reply to the Claimant's claim within the proper time from service. In the Supreme Court, a Respondent who has been properly served with a Notice of Family Claim has 30 days to file a Response to Family Claim. Once those 30 days have elapsed without the response being served on the Claimant, the Claimant may apply to the court for a judgment in default. This is the basis for divorce orders made under the desk order divorce process. See "desk order divorce" and "Response to Family Claim".

;defence:A reply; a rebuttal; an answer to a court proceeding or an application; a statement as to why a particular claim or application should not succeed.  

;delivery:Sending legal documents to a party at that party's "address for service," usually by mail, fax or email, now called "ordinary service". 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".

;demand letter:A letter describing a legal claim sent to the person against who the claim might be made, and offering to settle the claim without the necessity of legal action. Demand letters are usually issued before court proceedings have commenced in order to settle a potential claim without the need for litigation.

;denial:Defending a claim by denying the truth of a fact supporting the claim; a rejection of the truth of facts alleged.

;dependant:A person who relies on someone else for their support and the necessities of life. See "child", "child support" and "spousal support".

;deponent:A person giving information under affirmation or oath; a witness. Refers to both a person giving testimony at a trial and a person making an affidavit. See "affidavit", "evidence", "testimony" and "witness".

;dissent:Disagreement. The decision of a judge of the Court of Appeal who disagrees with the decision reached by the majority of the judges who heard the same appeal. See "appeal" and "Court of Appeal".

;divorce:The legal termination of a valid marriage by an order of a judge; the ending of a marital relationship and the conjugal obligations of each spouse to the other. See "conjugal rights", "marriage" and "marriage, validity of."

;divorce, grounds of:The ''Divorce Act'' provides one ground upon which the court may make a divorce order, marriage breakdown. Marriage breakdown may be established on proof of the spouses' separation for at least one year, the adultery of a spouse, or a spouse's cruelty toward the other spouse. See "adultery", "cruelty", "divorce" and "separation".

;domestic contract:In family law, an agreement between two or more persons about legal issues that have arisen or made arise, dealing with their respective rights and obligations to one another, which the parties expect will be binding on them and be enforceable in court. Typical domestic contracts include marriage agreements, cohabitation agreements and separation agreements

;draft:A prelimary version of a document; an order prepared following judgment submitted to the court for its approval. To prepare, or ''draw'', a legal document.

;duress:Forcing someone to do something though psychological or emotional pressure; a defence to the enforcement of a contract. If, for example, a separation agreement was entered into under duress, that may be a ground to dispute or set aside that agreement.

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