Difference between revisions of "Terminology"

;excluded property:A term under the ''Family Law Act'' referring to property acquired by a spouse prior to the commencement of the spouses' relationship and certain property acquired by a spouse during the relationship, including gifts, inheritances, court awards and insurance proceedings. A spouse is presumed to be entitled to keep his or her excluded property without having to share it with the other spouse. See "family property," "gift," and "inheritance."

;execute:In contract law, to complete or accomplish; to complete the legal formalities necessary to give a document effect. One "executes" a separation agreement, for example, by signing it in the presence of a witness.

;''ex parte'':A Latin phrase meaning "from one party." Refers to an application that is brought before the court without notice being given to the other party. Such applications are only heard in urgent situations, for example, where a guardian has threatened to flee with the children. See "application."

;expert evidence:Opinion evidence given by an expert at trial, in an affidavit or in a report. Opinion evidence is a statement about what a witness thinks or believes, rather than something personally known as a fact, and is generally not admissible at trial except when the opinion is provided by an expert. A person presented as an expert witness must be approved by the court as a qualified expert in his or her field. In family law, experts typically called to give evidence include accountants, business valuators, doctors, and psychologists. See "evidence" and "witness."

==F==

;family home:In family law, the dwelling occupied by a family as their primary residence. See "family property" and "real property."

;''Family Law Act'':Provincial legislation that deals with parentage, guardianship, parental responsibilities and parenting time, contact, child support, spousal support and the division of property and debt.  

;family law agreement:An agreement between two or more persons about family law 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 family law agreements include marriage agreements, cohabitation agreements and separation agreements.

;family law arbitrator:A lawyer or another person with special training in the arbitration of family law disputes who meets the training and experience requirements set out in the provincial Family Law Act Regulation. See "arbitration."

;family law mediator: A lawyer or another person with special training in the mediation of family law disputes who meets the training and experience requirements set out in the provincial Family Law Act Regulation. See "mediation."

;final judgment:A judge's decision that finally determines some or all of the claims in a court proceeding, following which there is no other recourse open to a dissatisfied party except an appeal. See "decision."

;Financial Statement:A legal document required by the rules of court in which a party to a court proceeding involving child support, spousal support, the division of property or the division of debt must describe his or her income, expenses, assets and liabilities under oath or affirmation. See "affirm," "oath," and "perjury."

;finding of fact:A judge’s conclusion about the facts in a court proceeding, made after hearing all the evidence. See "decision" and "question of fact."

;finding of law:A judge’s conclusion about the law to be applied to the facts in a court proceeding, or how the law should be applied to the facts in a proceeding, made after hearing the parties' arguments on the applicable law. See "decision" and "question of law."

==I==

;infant:A person not yet of the age of majority, a minor, a child. See "age of majority," "child," and "disability."

;''Infants Act'':Provincial legislation that governs the legal capacity of minors and contracts involving minors. See "age of majority," "child," and "disability."

;injunction:A court order that someone not do or cease doing a thing; a restraining order. In family law, injunctions are often sought, for example, to stop someone from removing the children from a place, from disposing of assets or from harassing someone. See "application" and "ex parte."

;''in loco parentis'':A Latin phrase meaning "in the place of a parent." Acting as a parent in the place of the child’s natural parent or intending to stand in the place of that parent. A married spouse found to be ''in loco parentis'' to a child may be responsible to pay child support for that child under the ''Divorce Act''. See "natural parent" and "stepparent."

;''in rem'':A Latin phrase meaning "against the thing." Refers to a right or an order made in reference to objects or property rather than against a person.

;inspection of documents:The right of a party to a court proceeding to look at and copy documents held by the other party that relate to any matters at issue in the proceeding; part of the discovery and production process. See "disclosure" and "discovery."   

;instrument:In law, a legal document that sets out certain rights and obligations, or records certain facts or entitlements to certain benefits and obligations, such as a contract, a waiver and a will. See "family law agreements" and "will."

;interim application:An application, also called in "interlocutory application," made after the start of a court proceeding but before its conclusion, usually for temporary relief pending the final resolution of the proceeding at trial or by settlement. In family law, interim applications are useful to determine issues like where the children will live, who will pay child support and whether spousal support should be paid on a rough and ready basis. See "application" and "interim order."

;interim order:Any order made prior to the final resolution of a court proceeding by trial or by settlement; a temporary, rather than permanent or final order. See "application" and "interim application."