Difference between revisions of "Terminology"

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Terminology (view source)

Revision as of 21:46, 7 August 2017

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;chattel:Personal property; an item of property other than real estate. See "real property."
;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 toward the cost of a child's living and other expenses.
;Child Support Guidelines:A regulation to the federal ''Divorce Act'', adopted by every province and territory except Quebec, that sets the amount of child support a parent or guardian must pay, usually based on the person's income and the number of children involved.
;Child Support Guidelines:A regulation to the federal ''Divorce Act'', adopted by every province and territory except Quebec, that sets the amount of child support a parent or guardian must pay, usually based on the person's income and the number of children involved.
;circumstantial evidence:Evidence that 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 that 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.
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;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."
;clear days:A method of calculating time under which the days for an action to occur are counted by excluding the first day and the last day in the period. For example, a court order obtained on Monday that says that someone can apply to vary the order on "two clear days' notice" means that the soonest the person could apply is Thursday. See "business days" and "calendar days."
;clear days:A method of calculating time under which the days for a legal deadline are counted by excluding the first day and the last day in the period. For example, a court order obtained on Monday that says that someone can apply to vary the order on "two clear days' notice" means that the soonest the person could apply is Thursday. See "business days" and "calendar days."
;clear title:Ownership of property without any debt, liens, or claims being registered against the property. For example, owning a piece of land without a mortgage or a CPL on the property, or owning a car without a car loan. See "Certificate of Pending Litigation."
;clear title:Ownership of property without any debt, liens, or claims being registered against the property. For example, owning a piece of land without a mortgage or a CPL on the property, or owning a car without a car loan. See "Certificate of Pending Litigation."
;coercion:The use of force or intimidation, whether emotional or physical, to compel another person to do something; interference with another person's freedom of choice to obtain an outcome, action or behaviour.
;coercion:The use of force or intimidation, whether emotional or physical, to compel another person to do something; interference with another person's freedom of choice to obtain an outcome, action or behaviour.
;cohabitation:Living with another person, shacking up. Cohabitation in a "marriage-like relationship" is necessary to qualify as "spouse" under the ''Family Law Act''.  See "marriage-like relationship" and "spouse."
;cohabitation:Living with another person, shacking up, playing house. Cohabitation in a "marriage-like relationship" is necessary to qualify as "spouse" under the ''Family Law Act''.  See "marriage-like relationship" and "spouse."
;cohabitation agreement:An agreement signed by people who are or have begun to live together in a marriage-like relationship that is intended to govern their rights and obligations in the event of the breakdown of their relationship and, sometimes, their rights and obligations during their relationship. See "family law agreement."
;cohabitation agreement:An agreement signed by people who are or have begun to live together in a marriage-like relationship that is intended to govern their rights and obligations in the event of the breakdown of their relationship and, sometimes, their rights and obligations during their relationship. See "family law agreement."
;collaborative settlement processes:A dispute resolution process in which the parties to a legal dispute and their lawyers agree that they will make every effort to resolve the dispute through cooperative, transparent negotiations, with the assistance of counsellors and neutral experts in financial issues and children's issues as necessary, without going to court. See "alternative dispute resolution."
;collaborative settlement processes:A family of dispute resolution processes in which the parties to a legal dispute and their lawyers agree that they will make every effort to resolve the dispute through cooperative, transparent negotiations, with the assistance of counsellors and neutral experts in financial issues and children's issues as necessary, without going to court. See "alternative dispute resolution."
;collusion:An agreement to do something with another person towards an illegal or harmful goal. In family law, the court must satisfy itself that there has been no collusion between the parties as to the ground of divorce before a divorce order will be made.  
;collusion:An agreement to do something with one or more other people towards an illegal or harmful goal. In family law, the court must satisfy itself that there has been no collusion between the parties as to the ground of divorce before a divorce order will be made.  
;common law:The legal principle under which courts are bound to follow the principles established by previous courts in similar cases dealing with similar facts. The system of justice used in non-criminal cases in all provinces and territories except Quebec.
;common law:The legal principle under which courts are bound to follow the principles established by previous courts in similar cases dealing with similar facts; the system of justice used in non-criminal cases in all provinces and territories except Quebec.
;common-law marriage:A form of marriage without government or church licence, and often without ceremony, in which a couple acquired certain rights and obligations toward each other under the common law, banned as a result of the 1753 English ''Marriage Act''. Common-law marriages have never been lawful in British Columbia. See "unmarried spouse."
;common-law marriage:A form of marriage without government or church licence, and often without ceremony, in which a couple acquired certain rights and obligations toward each other under the common law, banned as a result of the 1753 English ''Marriage Act''. Common-law marriages have never been lawful in British Columbia. See "unmarried spouse."
;common-law spouse:A popular misconception under which people are supposed to become married spouses simply by living together. Common-law marriages have never been lawful in British Columbia. See "common-law marriage," "married spouse" and "unmarried spouse."
;common-law spouse:A popular misconception under which people are believed to be married simply by living together; the popular misnomer describing the legal relationship between long-term cohabitants. Common-law marriages have never been lawful in British Columbia. See "common-law marriage," "married spouse" and "unmarried spouse."
;competent:In law, having the capacity, ability or authorization to do a thing. A person who is competent to give evidence is sane and able to understand the issues and results of his or her evidence. A court that is competent has the authority to deal with the issues in a case and authority over the parties to that case.
;competent:In law, having the capacity, ability or authorization to do a thing. A person who is competent to give evidence is sane and able to understand the issues and results of his or her evidence. A court that is competent has the authority to deal with the issues in a case and authority over the parties to that case.
;conclusion of fact:A judge's decisions as to what the facts of a case are, based on the evidence he or she has heard and his or her evaluation of the credibility of the witnesses giving the evidence. See "conclusion of law," "evidence," "question of fact," and "witness."
;conclusion of fact:A judge's decisions as to what the facts of a case are, based on the evidence he or she has heard and his or her evaluation of the credibility of the witnesses giving the evidence. See "conclusion of law," "evidence," "question of fact," and "witness."
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;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, if ever, enforced. Bigamous marriages, marriages subsequent to the first, are void ''ab initio''. See "ab initio," "bigamy" and "marriage, validity of."
;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. Bigamous marriages, marriages subsequent to the first, 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."
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