Difference between revisions of "Terminology"

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Terminology (view source)

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==Q==
==Q==


;QC:The abbreviation of "Queen's Counsel." A QC is an honour often but not invariably granted to lawyers of particular excellence, which may also be granted for other reasons such as service to the legal community, the public or a political party.
;QC:The abbreviation of "Queen's Counsel." A QC is an honour often but not invariably granted to lawyers of particular excellence, and may also be granted for other reasons such as service to the legal community, the public or a political party.
;''quantum meruit'':A Latin phrase meaning "the amount deserved." Refers to payment for a service according to the amount deserved for the performance of the service, often calculated by an hourly wage.
;''quantum meruit'':A Latin phrase meaning "the amount deserved." Refers to payment for a service according to the amount deserved for the performance of the service, often calculated by an hourly wage.
;''quantum valebant'':A Latin phrase meaning "the amount worth." Refers to the payment for a service according to the value or benefit of the service received.
;''quantum valebant'':A Latin phrase meaning "the amount worth." Refers to the payment for a service according to the value or benefit of the service received.
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;registrar:An officer of the court with the power to make certain decisions, including the settlement of a lawyer’s bill, a party's costs of a court proceeding and settling the form of an order. An officer of the court charged with the responsibility of reviewing and approving certain documents submitted to the court, such as pleadings. See "jurisdiction" and "pleadings."
;registrar:An officer of the court with the power to make certain decisions, including the settlement of a lawyer’s bill, a party's costs of a court proceeding and settling the form of an order. An officer of the court charged with the responsibility of reviewing and approving certain documents submitted to the court, such as pleadings. See "jurisdiction" and "pleadings."
;registry:A central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched and reviewed; a courthouse.
;registry:A central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched and reviewed; a courthouse.
;regulations:A kind of legislation that provides supplemental rules for a particular act. Regulations are created and amended by the government, not by the legislature, and as a result the legislature has no say as to what sort of regulations are imposed or input into the effect of those regulations. See "act."
;regulations:A kind of legislation that provides supplemental rules for a particular act. Regulations are created and amended by the government, not by the legislature, and as a result the legislature has no right to a say in how or what regulations are imposed by government. See "act."
;rehearing:A reconsideration or retrial of a court proceeding or an application, sometimes based on the evidence which was presented at the first hearing or trial, sometimes based on new evidence. See "action," "application," "de novo" and "hearing."  
;rehearing:A reconsideration or retrial of a court proceeding or an application, sometimes based on the evidence which was presented at the first hearing or trial, sometimes based on new evidence. See "action," "application," "de novo" and "hearing."  
;release:In family law, a legal document in which a person gives up a right or a claim, or the entitlement to enforce a right or advance a claim; a waiver. Releases are usually signed following the settlement of a court proceeding or legal dispute. See "action" and "claim."
;release:In family law, a legal document in which a person gives up a right or a claim, or the entitlement to enforce a right or advance a claim; a waiver. Releases are usually signed following the settlement of a court proceeding or legal dispute. See "action" and "claim."
;relief:In law, an order sought by a party to a court proceeding or application, usually as described in his or her pleadings. Where more than one order or type of order is sought, each order sought is called a "head of relief." See "action," "application" and "pleadings."
;relief:In law, an order sought by a party to a court proceeding or application, usually as described in his or her pleadings. Where more than one order or type of order is sought, each order sought is called a "head of relief." See "action," "application" and "pleadings."
{{:Replevin (Definition)}}
;reply:In law, an answer or rebuttal to a claim made or a defence raised by the other party to court proceeding or legal dispute. See "action," "claim," "defence" and "rebut."
;reply:In law, an answer or rebuttal to a claim made or a defence raised by the other party to court proceeding or legal dispute. See "action," "claim," "defence" and "rebut."
;Reply:A legal document required by the Provincial Court Family Rules to respond to a claim made in an applicant's Application to Obtain an Order. See "applicant," "Application to Obtain an Order," "claim," and "Counterclaim."
;Reply:A legal document required by the Provincial Court Family Rules to respond to a claim made in an applicant's Application to Obtain an Order. See "applicant," "Application to Obtain an Order," "claim," and "Counterclaim."
;representation:In contact law, a promise made by someone about a certain state of affairs, like "the plumbing was replaced last year." See "misrepresentation."
;representation:In contact law, a promise made by someone about a certain state of affairs, like "the plumbing was replaced last year" or "I had a vasectomy two years ago." See "misrepresentation."
;rescind:To terminate or revoke a contract or agreement. See "contract" and "family law agreements."
;rescind:To terminate or revoke a contract or agreement. See "contract" and "family law agreements."
;residence:The geographic place where a person permanently lives. This is different from a person's "domicile" in that a person's residence is more fixed and less changeable in nature. A person's residence can also have an impact on a court's authority to hear and decide a legal action. See "domicile" and "jurisdiction."
;residence:The geographic place where a person permanently lives. This is different from a person's "domicile" in that a person's residence is more fixed and less changeable in nature. A person's residence can also have an impact on a court's authority to hear and decide a legal action. See "domicile" and "jurisdiction."
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;respondent:The person against whom a claim has been brought by Notice of Family Claim. See “application” and “Notice of Family Claim."
;respondent:The person against whom a claim has been brought by Notice of Family Claim. See “application” and “Notice of Family Claim."
;restraining order:An order which forbids a party from doing or not doing a thing. In family law, common restraining orders include stopping someone from travelling out of an area with the children, stopping someone from disposing of property, and stopping someone from harassing someone else. See "ex parte," "order" and "protection order."
;restraining order:An order which forbids a party from doing or not doing a thing. In family law, common restraining orders include stopping someone from travelling out of an area with the children, stopping someone from disposing of property, and stopping someone from harassing someone else. See "ex parte," "order" and "protection order."
;resulting trust:In family law, the finding by a court that a party holds all or a part of his her property in trust for someone else as a result of the parties' intention to make a trust; a trust relationship inferred by operation of law. See "constructive trust" and "Trust."
;resulting trust:In family law, the finding by a court that a party holds all or a part of his her property in trust for someone else as a result of the parties' intention to make a trust; a trust relationship inferred by operation of law. See "constructive trust" and "trust."
;retainer:The act of hiring of lawyer. The money paid by a lawyer to secure his or her services. The terms and extent of a lawyer's services on behalf of a client.
;retainer:The act of hiring of lawyer; the money paid by a lawyer to secure his or her services; the terms and extent of a lawyer's services on behalf of a client.
;reversal:In law, usually refers to a decision of an appeal court overturning the decision of a lower court on a particular issue. The lower court's decision is said to have been "reversed on appeal." See "appeal" and "common law."
;reversal:In law, usually refers to a decision of an appeal court overturning the decision of a lower court on a particular issue. The lower court's decision is said to have been "reversed on appeal." See "appeal" and "common law."
;review:In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."
;review:In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."
;right of action:A right to claim relief resulting from a person's behaviour. For example, a spouse's adultery gives a right of action to the other spouse that allows him or her to claim a divorce.
;right of action:A right to claim relief resulting from a person's behaviour. For example, a spouse's adultery may give rise to a right of action allowing the other spouse to sue for a divorce order.
;rules of court:The guidelines governing the court process and the conduct of litigation generally. The rules of court are particular to each level of court.
;rules of court:The guidelines governing the court process and the conduct of litigation generally. Each court has its own rules of court.  


==S==
==S==
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;self-represented litigant:A party to a court proceeding who is not represented by a lawyer and acts on his or her own behalf; a lay litigant, a ''pro se'' litigant. See "action," "lawyer" and "litigant."
;self-represented litigant:A party to a court proceeding who is not represented by a lawyer and acts on his or her own behalf; a lay litigant, a ''pro se'' litigant. See "action," "lawyer" and "litigant."
;separation:In family law, the decision of one or both parties to terminate a married or unmarried relationship; the act of one person leaving the family home to live somewhere else with the intention of terminating the relationship. There is no such thing as a "legal separation." In general, one separates by simply moving out, however it is possible to be separated but still live under the same roof. See "divorce, grounds of."
;separation:In family law, the decision of one or both parties to terminate a married or unmarried relationship; the act of one person leaving the family home to live somewhere else with the intention of terminating the relationship. There is no such thing as a "legal separation." In general, one separates by simply moving out, however it is possible to be separated but still live under the same roof. See "divorce, grounds of."
;separation agreement:A contract intended to resolve all or some of the issues outstanding following the breakdown of a relationship and intended to guide the parties in their dealings with one another thereafter. A typical separation agreement is signed following a settlement reached through negotiations and deals with issues including guardianship, parenting arrangements, contact, support, the division of property and the division of debt. See "family law agreements."
;separation agreement:A contract intended to resolve all or some of the legal issues arising from the breakdown of a relationship and intended to guide the parties in their dealings with one another thereafter. A typical separation agreement is signed following a settlement reached through negotiations and deals with issues including guardianship, parenting arrangements, contact, support, the division of property and the division of debt. See "family law agreements."
;service, affidavit of:A legal document required by the rules of court in which a person who has personally served someone describes the circumstances in which the person was served. This may be essential to prove personal service, particularly if the serving party intends to seek a default judgment, as is usually the case in a desk order divorce. See "default judgment" and "personal service."
;service:In law, to formally deliver documents to a person in a manner that complies with the applicable rules of court. Service may be ordinary (mailed or delivered to a litigant's address for service), personal (hand-delivered to a person) or substituted (performed in a way other than the rules normally require). See "address for delivery," "ordinary service," "personal service" and "substituted service."
;service, substituted:Personal service performed in a way other than required by the rules of court, as may be authorized by the court. If a respondent cannot be served for any reason, such as if he or she is hiding or refusing service, the court may permit a claimant to serve the other party "substitutionally" by means including an ad in the legal notices section of a newspaper's classified ads or posting the document in the court registry. See "personal service."
;service ''ex juris'':A Latin phrase meaning serivce "out of the jurisdiction;" refers to service of legal documents on someone living outside of British Columbia as may be permitted by the rules of court. See "personal service."
;service ''ex juris'':A Latin phrase meaning serivce "out of the jurisdiction;" refers to service of legal documents on someone living outside of British Columbia as may be permitted by the rules of court. See "personal service."
;settlement:A resolution of one or more matters at issue in a court proceeding or legal dispute with the agreement of the parties to the proceeding or dispute, usually recorded in a written agreement or in an order that all parties agree the court should make. A court proceeding can be settled at any time before the trial. See "action," "consent order," "family law agreements" and "offer."
;settlement:A resolution of one or more matters at issue in a court proceeding or legal dispute with the agreement of the parties to the proceeding or dispute, usually recorded in a written agreement or in an order that all parties agree the court should make. A court proceeding can be settled at any time before the trial. See "action," "consent order," "family law agreements" and "offer."
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