Difference between revisions of "Terminology"

;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."

;shared custody:A term used by the Child Support Guidelines to describe circumstances when a child's time is shared equally or almost-equally between his or her parents or guardians, often resulting in an amount of support that is different than the table amount. See "child support," "Child Support Guidelines" and "table amount."

;split custody:A term used by the Child Support Guidelines to describe circumstances when one or more children live most of the time with each parent or guardian, resulting in an amount of support that is different than the table amount. See "child support," "Child Support Guidelines" and "table amount."

;Spousal Support Advisory Guidelines:An academic paper released by the Department of Justice that describes a variety of mathematic formulas that can be applied to determine how much spousal support should be paid and how long spousal support should be paid for, once a spouse is found to be entitled to receive support. The Advisory Guidelines is not a law.

;standing:The right of a party to bring a dispute under a particular act and before a particular court. In most cases, someone who does not have a direct or private interest in the matter at issue lacks standing to be a party in the court action. Someone can also ''lack standing'' to bring an action under a particular statute or section of a statute if the statute or section includes criteria that the person does not meet.

;testimony:Evidence given by a witness in court or in an affidavit under witness' oath or affirmation as to the truth of the statement. See "affirm," "evidence," "oath" and "witness."

;transfer:In law, the act of an owner of a thing giving ownership of that thing to another person, in exchange for money or other property in the case of a sale or in exchange for other rights in the case of a family law agreement. See "family law agreements," "ownership" and "sale."  

;trial:The testing of the claims at issue in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a determination of the parties' claims against one another that is final and binding the parties unless appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

;trust:In law, a form of possession of property in which a "trustee" keeps and manages property for the benefit of another person, the "beneficiary." The trustee holds the property ''in trust'' for the beneficiary. See "constructive trust," "ownership," "possession" and "resulting trust."  

;without prejudice:In the context of negotiation or mediation, an arrangement that neither party will be able to use the content of the settlement discussions in a court proceeding. In the context of litigation, an arrangement that consent to a certain order will not affect the legal rights of either party. In the context of a settlement proposal, a stipulation that the contents of the proposal may not be shown to the court until the court proceeding has concluded. See "consent order," "mediation," "negotiation," "offer to settle" and "settlement."

;witness:A person with person knowledge of things; a person giving oral evidence in court on oath or affirmation as to the truth of the evidence given. See "affirm," "evidence," "oath" and "opinion evidence."  

;wrongful act:Acts or omissions that are contrary to legislation, the common law or that are immoral or unethical even if not contrary to a legal principle. See "lawful."

;yurt:A circular tent of felt or skins used by nomadic tribespeople in Mongolia and Turkey.

{{REVIEWED | reviewer = [[JP Boyd]], May 12, 2013}}