Difference between revisions of "Terminology"

;age of majority:The age at which a child becomes a legal adult with the full capacity to act on their own, including the capacity to sue and be sued. In British Columbia, the age of majority is 19. The age of majority has nothing to do with being entitled to vote or buy alcohol, although federal and provincial laws sometimes link those privileges with the age at which one attains majority. See "disability" and "infant."

;agent:In law, someone acting on behalf of someone else, with that person's express permission and normally at their express direction.

;alienating:In family law, the actions or statements of one parent that tend to sever, damage, or harm a child's relationship with or affections for the other parent, either intentionally or unintentionally.  

;allegation:A claim that a certain set of facts is true, such as "on Monday, I had soup for lunch" or "Bob drives a blue Camaro." Also called an "allegation of fact" or a "statement of fact."

;alternative dispute resolution:A phrase referring to a family of processes intended to resolve disputes outside of the court system, including arbitration, mediation, negotiation, and collaborative settlement processes. In family law, the purpose of alternative dispute resolution is to offer a less adversarial and less expensive way to resolve a dispute than having to go to court and have a judge resolve things.

;amend:To change or alter a pleading or document that has already been filed in court or given to the other party. The resulting document is a separate document from the original and is called, for example, the "amended Notice of Family Claim" or the "amended separation agreement."

;appeal:An application to a higher court for a review of the correctness of a decision of a lower court. A decision of a judge of the Provincial Court of British Columbia can be appealed to the Supreme Court of British Columbia. A decision of a judge of the Supreme Court can be appealed to the Court of Appeal for British Columbia.

;appellant:The party who brings an appeal of a lower court's decision. See also "appeal" and "respondent."

;application respondent:A party against whom an interim application has been brought. See also "applicant" and "interim application."

;Application Response:A legal document required by the Supreme Court Family Rules to reply to a Notice of Application, which sets out the relief agreed to and opposed by the application respondent and the facts in support of that position. See "interim application."

;apportion:In family law, to divide equally, usually referring to the division of family property between spouses. See also "reapportion."

;apprehend:In law, to take or to seize. In family law, this term usually refers to the taking of a child out of the care of his or her parents by the police or child welfare authorities.

;argument:In law, an attempt to persuade by logical reasoning. Usually refers to oral or written argument presented to a judge following the presentation of evidence, or to a written summary of argument.

;arrears:Child support or spousal support that is owing because of an order or agreement but is unpaid.

;assess:To determine the value or amount of something. A lawyer's bill may be ''assessed'' by a registrar to determine the actual amount the client should pay. See "appraisal."

;assign:In law, to transfer an interest or right in something to someone else. People who go on welfare, for example, are required to assign their rights to apply for child support and spousal support to the provincial government.

==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''.  See ''bona fides''.  

;bastard:A child of unmarried parents; an illegitimate child. Bastards used to be at a profound legal disadvantage; however, the law has changed so that such children are treated no differently than children born of a marriage. The appearance of this definition below that of "barrister and solicitor" is purely coincidental.

;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."

;bill:In law, a piece of draft legislation presented to the legislature for its approval; a lawyer's statement of account for services rendered to his or her client. 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.

;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 of court" and "precedent."

;''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."

;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."

;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."

;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."