Difference between revisions of "Terminology"

;interlocutory:Literally, “between speakings;” refers to interim applications brought after the start of a court proceeding but before its conclusion. See "interim application" and "interim order."

;interrogatories:Written questions given by one party to a court proceeding to the other that must be answered on the party's affirmation or oath in affidavit form; part of the discovery process. See "discovery."

;in trust:A phrase describing how property is held by one person for the benefit of another person who is ultimately entitled to the use or proceeds of sale of that property. Money held ''in trust'' is held in a lawyer's bank account on the lawyer’s promise not to use that money except as may be agreed.

;''in utero'':A Latin phrase meaning "in the womb." Used in reference to fetuses.

;joint custody:A term used by the ''Divorce Act'' when both spouses have custody of a child, giving both the right to make parenting decisions concerning the child's health, welfare and upbringing but not necessarily requiring or implying that the spouses have equal or near-equal amounts of time with the child. See “access" and "custody."

;joint tenancy:A form of property co-ownership in which each joint tenant has a right of ownership of the whole property that is indistinct from the ownership rights of the other joint tenants. See "tenancy in common."

;judgment:A judge's conclusions after hearing argument and considering the evidence presented at a trial or an application; a decision, the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as his or her findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law," "findings of fact," and "final judgment."

;justice:A judge of the superior courts of British Columbia, being the Supreme Court and the Court of Appeal.

;justice of the peace:A court official appointed by the provincial government with limited decision-making authority and jurisdiction, usually charged with managing court schedules, the terms of release of arrested persons and other administrative tasks with a discretionary element. See "judge" and "jurisdiction."

;land:Real property; a parcel of real property and the buildings upon it. See also "chattel," "ownership" and "possession."

;Land Title and Survey Authority:The provincial government agency responsible for maintaining written records of the ownership of real property in the province, together with a record of the encumbrances which may be registered against a property. See "Land Title Act" and "real property."

;last will and testament:A legal document in which a person sets out how he wishes his or her property to be disposed of after death; a will. See "will."

;lawful:Conduct that is permitted both by legislation and by the common law; conduct that is not prohibited by law. See "unlawful."

;lawyer:A person licensed to practice law in a particular jurisdiction. See "barrister and solicitor."

;leading question:A question asked of a witness, normally during cross-examination, which suggests the answer. For example: "You've never worked a day in your life, have you?" See "cross-examination."

;lease:An agreement which requires payment for the use of property, under which the owner of property, like a car or an apartment, gives up the right to occupy and use that property in exchange for a sum of money. A "lessor" is the person who retains ownership of the property and receives money for its use. A "lessee" is the person who purchases the right of possession and use of the property.

;legislate:The power of a government to create and revise written laws governing things, people and places; a right of the provincial and federal governments to propose, enact and enforce laws derived from the ''Constitution''. See "act" and "constitution."

;legislation:An act; a statute; a written law made by a government. See "regulations."

;''lis pendens'':The old name of a document filed in the Land Title and Survey Authority against the title of real property stating that the property is the subject of a court proceeding and that ownership of the property may change as a result, now known as a Certificate of Pending Litigation. See "Certificate of Pending Litigation."

;litigant:A party to a court proceeding, such as an appellant, an applicant, a claimant or a respondent. See "action."

;LL.B: To practise law in British Columbia one requires a law degree in the form of either a Bachelor of Laws degree (LL.B.) or a Juris Doctor degree (J.D.). “LL.M." stands for a Master of Laws degree and “LL.D." for a Doctor of Laws.

==M==

;malfeasance:Doing an act that is wrongful or unlawful by operation of law. A "malfeasor" is a person who has committed a wrongful or unlawful act. See "unlawful."

;marriage:A legal relationship between two persons, whether of the same or opposite genders, that is solemnized by a marriage commissioner or licenced religious official and gives rise to certain mutual rights, benefits and obligations. See also "conjugal rights," "consortium" and "marriage, validity of."

;''Marriage Act'':Provincial legislation that governs the capacity to marry and the formalities of the marriage ceremony.

;marriage agreement:An agreement signed by people who are planning on marrying or have married that is intended to govern their rights and obligations in the event of the breakdown of their marriage and, sometimes, their rights and obligations during their marriage. See "family law agreement."

;marriage-like relationship:In family law, the quality of an unmarried couple's relationship that demonstrates their commitment to each other, their perception of themselves as a couple and their willingness to sacrifice individual advantages for the advantage of themselves as a couple; a legal requirement for a couple to be considered spouses without marrying. See "cohabitation," "marriage" and "spouse."

;''Marriage (Prohibited Degrees) Act'':Federal legislation that describes the degrees of relatedness within which persons cannot marry.

;master:A provincially-appointed judicial official with limited jurisdiction usually charged with making decisions before and after final judgment in a court proceeding, including the hearing of interim applications, the assessment of lawyers' bills and the settling of bills of cost. See "interim application," "judge," and "jurisdiction."

;material:In law, something that is relevant, important. A material fact is a fact relevant to a claim or a defence to a claim. See "claim," "evidence," and "fact."

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

;memorandum of understanding:A document setting out the essential terms of a settlement reached between two or more people resolving a legal dispute, often used as a guide to the more complete terms of a final agreement or final order to be made with the consent of the signatories. See "consent order" and "family law agreements."

;minutes of settlement:A document setting out the essential terms of an agreement reached between two or more parties to a court proceeding, produced after negotiations and signed by the parties and their lawyers. Minutes of settlement are normally used as a guide to the more complete terms of a final order to be made with the consent of the parties and are often attached to that order as a schedule. See "consent order," "family law agreements," "litigant" and "order."

;miscarriage of justice:A term referring to the demonstrable and traumatic failure of the justice system in a particular court proceeding.

;misrepresentation:Acts or words tending or intended to give a misleading or false impression as to the true state of affairs. See "bad faith."

;motion:In law, an application to the court for an order, usually brought after the commencement of a court proceeding but before its conclusion following by trial or settlement; an interim application. See "action," "interim application" and "order."

;natural parent:A biological or birth parent of a child, as opposed to an adoptive parent or a stepparent. See "adoptive parent" and "stepparent."

;negligence:Failing to do something that a reasonable person would do, or doing something that a reasonable person would not do, which results in harm to someone else.

;net income:The remainder of a person’s annual income after the mandatory deductions have been paid, which may include CPP, EI, income taxes and union or professional dues. For self-employed persons, necessary and reasonable business and operating expenses may also be deducted to determine net income.

;nil:A short form of the Latin word ''nihil'' meaning "nothing"; usually used to indicate a zero value. See "null and void."

==O==

;obligation:A duty, whether contractual, moral or legal in origin, to do or not do something. See "duty."

;obstruction of justice:Doing a thing or not doing a thing with the intention or effect of hindering the proper administration of justice. See "contempt of court."

;officer of the court:An official of the court, including court clerks, sheriffs, lawyers, and judges.

;onus:The obligation of a party to prove his or her case; the burden of proof. The onus usually lies on the party who makes a claim, although in certain circumstances this burden is reversed, usually by operation of statute.