Difference between revisions of "Terminology"

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Terminology (view source)

Revision as of 21:51, 15 August 2017

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he or she - they
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; ''ab initio'':A Latin phrase meaning "from the beginning." A marriage that is unlawful is void ''ab initio'', as if it never happened.
; ''ab initio'':A Latin phrase meaning "from the beginning." A marriage that is unlawful is void ''ab initio'', as if it never happened.
;abduction:The taking of a person by force or fraud. In family law, also the taking of a child contrary to a court order or without the permission of a guardian. In certain circumstances, the abduction of a child by a parent may be a criminal offence.
;abduction:The taking of a person by force or fraud. In family law, also the taking of a child contrary to a court order or without the permission of a guardian. In certain circumstances, the abduction of a child by a parent may be a criminal offence.
;access:Under the ''Divorce Act'', the schedule of a parent's time with his or her children under an order or agreement. Access usually refers to the schedule of the parent with the least time with the child. See "custody."
;access:Under the ''Divorce Act'', the schedule of a parent's time with their children under an order or agreement. Access usually refers to the schedule of the parent with the least time with the child. See "custody."
;account:In law, a lawyer's bill to his or her client or a statement; one person's recollection of events.
;account:In law, a lawyer's bill to their client or a statement; one person's recollection of events.
;act:Intentionally doing a thing; a law passed by a government, also called "legislation" or a "statute." See "regulations."
;act:Intentionally doing a thing; a law passed by a government, also called "legislation" or a "statute." See "regulations."
;action:A court proceeding in which one party sues another for a specific remedy or relief, also called a "lawsuit" or a "case." An action for divorce, for example, is a court proceeding in which the claimant sues the respondent for the relief of a divorce order.
;action:A court proceeding in which one party sues another for a specific remedy or relief, also called a "lawsuit" or a "case." An action for divorce, for example, is a court proceeding in which the claimant sues the respondent for the relief of a divorce order.
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;adoption:In family law, the act or process of taking another person's child as one's own. The child becomes the adopting parent's legal child as if the child were the adopting parent's natural child, while the natural parent loses all rights and obligations with respect to the child. See "natural parent."
;adoption:In family law, the act or process of taking another person's child as one's own. The child becomes the adopting parent's legal child as if the child were the adopting parent's natural child, while the natural parent loses all rights and obligations with respect to the child. See "natural parent."
;''Adoption Act'':A provincial law dealing with the adoption process and the ability to adopt.
;''Adoption Act'':A provincial law dealing with the adoption process and the ability to adopt.
;adoptive parent:A person who has formally assumed the status of parent to a child who is not his or her biological offspring. See "adoption" and "natural parent."
;adoptive parent:A person who has formally assumed the status of parent to a child who is not their biological offspring. See "adoption" and "natural parent."
;adultery:A married person's voluntary sexual intercourse with a person other than his or her spouse; playing the field; fishing out of season. Proof of adultery is grounds for an immediate divorce, providing that the other spouse has not consented to or forgiven the adulterous act. See "collusion," "condonation," and "divorce, grounds of."
;adultery:A married person's voluntary sexual intercourse with a person other than their spouse; playing the field; fishing out of season. Proof of adultery is grounds for an immediate divorce, providing that the other spouse has not consented to or forgiven the adulterous act. See "collusion," "condonation," and "divorce, grounds of."
;advance:In family law, this usually refers to one party obtaining a part of the property at issue before the property has been finally divided by court order or the parties' agreement.
;advance:In family law, this usually refers to one party obtaining a part of the property at issue before the property has been finally divided by court order or the parties' agreement.
;Advisory Guidelines:Short for the Spousal Support Advisory Guidelines, an academic paper released by the Department of Justice that describes a variety of mathematical 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 although it is pretty useful.  
;Advisory Guidelines:Short for the Spousal Support Advisory Guidelines, an academic paper released by the Department of Justice that describes a variety of mathematical 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 although it is pretty useful.  
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;apportion:In family law, to divide equally, usually referring to the division of family property between spouses. See also "reapportion."
;apportion:In family law, to divide equally, usually referring to the division of family property between spouses. See also "reapportion."
;appraisal:A professional estimate of the worth of something, such as a company, a property, an investment, a book of business, a loan or a debt. In family law, this is sometimes required for the court to determine the value of property such as an art collection or a house.
;appraisal:A professional estimate of the worth of something, such as a company, a property, an investment, a book of business, a loan or a debt. In family law, this is sometimes required for the court to determine the value of property such as an art collection or a house.
;apprehend:In law, to take or to seize. In family law, this term usually refers to the taking of a child out of the care of his or her parents by the police or child welfare authorities.
;apprehend:In law, to take or to seize. In family law, this term usually refers to the taking of a child out of the care of their parents by the police or child welfare authorities.
;arbitration: A dispute resolution process in which an arbitrator hears the evidence and arguments presented by the parties to a legal dispute and makes an award which resolves the dispute and is binding on the parties. See "alternative dispute resolution" and "family law arbitrator."
;arbitration: A dispute resolution process in which an arbitrator hears the evidence and arguments presented by the parties to a legal dispute and makes an award which resolves the dispute and is binding on the parties. See "alternative dispute resolution" and "family law arbitrator."
;argument:In law, an attempt to persuade by logical reasoning. Usually refers to oral or written argument presented to a judge following the presentation of evidence, or to a written summary of argument.
;argument:In law, an attempt to persuade by logical reasoning. Usually refers to oral or written argument presented to a judge following the presentation of evidence, or to a written summary of argument.
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;beneficiary:A person for whom a trustee holds a trust; the recipient or intended recipient of property given in a will. See "heir," and "trust."
;beneficiary:A person for whom a trustee holds a trust; the recipient or intended recipient of property given in a will. See "heir," and "trust."
;bigamy:The act of going through a form of marriage ceremony with one person while being already married to someone else, or with a person who is already married to someone else. This is a criminal offence in Canada, under s. 290 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," "marriage, validity of" and "polygamy."
;bigamy:The act of going through a form of marriage ceremony with one person while being already married to someone else, or with a person who is already married to someone else. This is a criminal offence in Canada, under s. 290 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," "marriage, validity of" and "polygamy."
;bill:In law, a piece of draft legislation presented to the legislature for its approval; a lawyer's statement of account for services rendered to his or her client. See "account," "act," and "lawyer's fees."
;bill:In law, a piece of draft legislation presented to the legislature for its approval; a lawyer's statement of account for services rendered to their client. See "account," "act," and "lawyer's fees."
;bill of costs:In British Columbia, an account prepared by the party who is awarded their costs of an action or application and is presented to the other party for payment. A bill of costs is prepared according to a formula set out in the Supreme Court Family Rules.
;bill of costs:In British Columbia, an account prepared by the party who is awarded their costs of an action or application and is presented to the other party for payment. A bill of costs is prepared according to a formula set out in the Supreme Court Family Rules.
;binding:In law, a requirement or obligation to honour and abide by something, such as a contract or order of the court. A judge's order is "binding" in the sense that it must be obeyed or a certain punishment will be imposed. Also refers to the principle that a higher court's decision on a point of law must be adopted by a lower court. See "contempt of court" and "precedent."
;binding:In law, a requirement or obligation to honour and abide by something, such as a contract or order of the court. A judge's order is "binding" in the sense that it must be obeyed or a certain punishment will be imposed. Also refers to the principle that a higher court's decision on a point of law must be adopted by a lower court. See "contempt of court" and "precedent."
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;brief:In law, a written argument; a memorandum of law. A brief is usually presented to a judge as a summary of an argument or the law on a particular issue. Curiously, briefs are rarely brief.
;brief:In law, a written argument; a memorandum of law. A brief is usually presented to a judge as a summary of an argument or the law on a particular issue. Curiously, briefs are rarely brief.
;BTW:A law student's mnemonic device, short for "Bigamy = Two Wives."
;BTW:A law student's mnemonic device, short for "Bigamy = Two Wives."
;burden of proof:The obligation of a party to prove his or her case; the onus of proof. The burden of proof usually lies on the party who makes a claim, although in certain circumstances this burden is reversed, usually by operation of statute. In civil litigation, a party must prove his or her case on the balance of probabilities. See "onus."
;burden of proof:The obligation of a party to prove their case; the onus of proof. The burden of proof usually lies on the party who makes a claim, although in certain circumstances this burden is reversed, usually by operation of statute. In civil litigation, a party must prove their case on the balance of probabilities. See "onus."
;business days:A method of calculating time under which the days for a legal deadline are determined based on when the court is open for business, excluding weekends and holidays. See "calendar days" and "clear days."
;business days:A method of calculating time under which the days for a legal deadline are determined based on when the court is open for business, excluding weekends and holidays. See "calendar days" and "clear days."


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;cause of action:The behaviour of a person that gives rise to a claim for relief. For example, a spouse's adultery gives rise to the other spouse's right to claim a divorce. The adulterous act is the cause of action for the divorce claim.
;cause of action:The behaviour of a person that gives rise to a claim for relief. For example, a spouse's adultery gives rise to the other spouse's right to claim a divorce. The adulterous act is the cause of action for the divorce claim.
;certificate of costs:A document endorsed by a master or registrar stating the amount owed as "costs" by one party to the other after a trial, usually issued following a hearing to settle the amount of the costs justly owed. A certificate of costs is a judgment of the Supreme Court and enforced as like a judgment debt.
;certificate of costs:A document endorsed by a master or registrar stating the amount owed as "costs" by one party to the other after a trial, usually issued following a hearing to settle the amount of the costs justly owed. A certificate of costs is a judgment of the Supreme Court and enforced as like a judgment debt.
;certificate of fees:A document endorsed by a master or registrar stating the amount a client owes to his or her lawyer, issued following a hearing to "assess" or "tax" a lawyer's bill and determine what portion of the lawyer's bill was reasonable and is properly owed to or refundable by that lawyer. See "account."
;certificate of fees:A document endorsed by a master or registrar stating the amount a client owes to their lawyer, issued following a hearing to "assess" or "tax" a lawyer's bill and determine what portion of the lawyer's bill was reasonable and is properly owed to or refundable by that lawyer. See "account."
;Certificate of Pending Litigation:A document filed in the office of 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; formerly called a ''lis pendens''.  In family law, a CPL is used to protect the interest of a party in a piece of property by notifying potential purchasers or mortgagees about the court proceeding. See "clear title," "encumbrance," and "real property."
;Certificate of Pending Litigation:A document filed in the office of 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; formerly called a ''lis pendens''.  In family law, a CPL is used to protect the interest of a party in a piece of property by notifying potential purchasers or mortgagees about the court proceeding. See "clear title," "encumbrance," and "real property."
; ''Charter of Rights and Freedoms'':Also known as the ''Charter'', the part of the ''Constitution Act, 1982''  that sets out the fundamental rights and freedoms enjoyed by all Canadians, including the freedoms of religion and expression and the rights to life and liberty. Neither the federal nor the provincial governments can pass laws or act in ways contrary to the ''Charter''.
; ''Charter of Rights and Freedoms'':Also known as the ''Charter'', the part of the ''Constitution Act, 1982''  that sets out the fundamental rights and freedoms enjoyed by all Canadians, including the freedoms of religion and expression and the rights to life and liberty. Neither the federal nor the provincial governments can pass laws or act in ways contrary to the ''Charter''.
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;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 believed to be married simply by living together; a 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."
;common-law spouse:A popular misconception under which people are believed to be married simply by living together; a 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 their 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 they have heard and their evaluation of the credibility of the witnesses giving the evidence. See "conclusion of law," "evidence," "question of fact," and "witness."
;conclusion of law:A judge's decision as to how the law, including any relevant legislation or principles of the common law, should be applied to the facts of a particular case. See "common law," "conclusion of fact," "question of law," and "legislation."
;conclusion of law:A judge's decision as to how the law, including any relevant legislation or principles of the common law, should be applied to the facts of a particular case. See "common law," "conclusion of fact," "question of law," and "legislation."
;concur:To agree.
;concur:To agree.
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;construction:In law, the interpretation of something, like a document or a set of circumstances, so as to give it meaning. For example, if a separation agreement stated that one guardian "will have the children on Monday, Tuesday, and Friday" but didn’t say anything about the other guardian, the agreement would be ''constructed'' to mean that the other guardian would have the children on the days that weren't mentioned.
;construction:In law, the interpretation of something, like a document or a set of circumstances, so as to give it meaning. For example, if a separation agreement stated that one guardian "will have the children on Monday, Tuesday, and Friday" but didn’t say anything about the other guardian, the agreement would be ''constructed'' to mean that the other guardian would have the children on the days that weren't mentioned.
;contact:A term under the ''Family Law Act'' that describes the visitation rights of a person who is not a guardian with a child. Contact may be provided by court order or by the agreement among the child's guardians who have parental responsibility for determining contact. See "guardian" and "parental responsibilities."
;contact:A term under the ''Family Law Act'' that describes the visitation rights of a person who is not a guardian with a child. Contact may be provided by court order or by the agreement among the child's guardians who have parental responsibility for determining contact. See "guardian" and "parental responsibilities."
;constructive trust:In family law, the finding by a court that a person holds a portion of his or her assets for the benefit of the other party without an express agreement to that effect between the parties. See "resulting trust" and "trust."
;constructive trust:In family law, the finding by a court that a person holds a portion of their assets for the benefit of the other party without an express agreement to that effect between the parties. See "resulting trust" and "trust."
;contempt of court:Doing something or failing to do something that impairs the administration of justice or respect for the court’s authority, such as bribing a witness, disobeying a court order, or misleading the court. Contempt of court can be a civil offence as well as a criminal offence.
;contempt of court:Doing something or failing to do something that impairs the administration of justice or respect for the court’s authority, such as bribing a witness, disobeying a court order, or misleading the court. Contempt of court can be a civil offence as well as a criminal offence.
;contingency fees:An arrangement whereby a lawyer is paid by taking a percentage of the money awarded to his or her client by the court or a settlement. Contingency fee agreements are not allowed in family matters, although sometimes a lawyer will agree to be paid from the assets held by a party following the final resolution of an action, such as the proceeds of the sale of a family asset. See "account," "lawyer's fees" and "retainer."
;contingency fees:An arrangement whereby a lawyer is paid by taking a percentage of the money awarded to their client by the court or a settlement. Contingency fee agreements are not allowed in family matters, although sometimes a lawyer will agree to be paid from the assets held by a party following the final resolution of an action, such as the proceeds of the sale of a family asset. See "account," "lawyer's fees" and "retainer."
;continuance:The continued hearing of an application or trial following a partial hearing at an earlier date. See "adjournment."
;continuance:The continued hearing of an application or trial following a partial hearing at an earlier date. See "adjournment."
;contract:An agreement between two or more people, giving them obligations towards each other that can be enforced in court. A valid contract must be offered by one person and accepted by the other, and some form of payment or other thing of value must generally be exchanged between the parties to the contract.  
;contract:An agreement between two or more people, giving them obligations towards each other that can be enforced in court. A valid contract must be offered by one person and accepted by the other, and some form of payment or other thing of value must generally be exchanged between the parties to the contract.  
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;corporal punishment:In family law, the physical punishment of a child by a parent, guardian, or other authorized person. Corporal punishment is permitted under the ''Criminal Code'', but only to a limited extent and only by certain persons, including parents and teachers.
;corporal punishment:In family law, the physical punishment of a child by a parent, guardian, or other authorized person. Corporal punishment is permitted under the ''Criminal Code'', but only to a limited extent and only by certain persons, including parents and teachers.
;costs:A calculation of the allowable legal expenses of a party to a court proceeding, as determined by the Supreme Court Family Rules. The party who is most successful in a court proceeding is usually awarded their "costs" of the proceeding. See "account, "bill of costs,"  "certificate of costs," and "lawyer's fees."
;costs:A calculation of the allowable legal expenses of a party to a court proceeding, as determined by the Supreme Court Family Rules. The party who is most successful in a court proceeding is usually awarded their "costs" of the proceeding. See "account, "bill of costs,"  "certificate of costs," and "lawyer's fees."
;counsel:A lawyer; the advice given by a lawyer to his or her client.
;counsel:A lawyer; the advice given by a lawyer to their client.
;Counterclaim: A legal document required by the Supreme Court Family Rules in which a respondent sets out a claim for a specific remedy or relief against a claimant. See "Notice of Family Claim" and "Response to Family Claim."
;Counterclaim: A legal document required by the Supreme Court Family Rules in which a respondent sets out a claim for a specific remedy or relief against a claimant. See "Notice of Family Claim" and "Response to Family Claim."
;Court of Appeal:The highest level of court in this province, having the jurisdiction to review decisions of the Supreme Court, all provincial lower courts and certain tribunals. See "appeal."
;Court of Appeal:The highest level of court in this province, having the jurisdiction to review decisions of the Supreme Court, all provincial lower courts and certain tribunals. See "appeal."
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;damages:An award of money payable by one party to a court proceeding to another, usually as compensation for loss or harm suffered as a result of the other party’s actions or omissions. In family law, damages are usually awarded to one party in compensation for breach of contract or spousal abuse. See "breach of contract" and "tort."
;damages:An award of money payable by one party to a court proceeding to another, usually as compensation for loss or harm suffered as a result of the other party’s actions or omissions. In family law, damages are usually awarded to one party in compensation for breach of contract or spousal abuse. See "breach of contract" and "tort."
;debt:A sum of money or an obligation owed by one person to another. A "debtor" is a person responsible for paying a debt; a "creditor" is the person to whom the debt is owed.
;debt:A sum of money or an obligation owed by one person to another. A "debtor" is a person responsible for paying a debt; a "creditor" is the person to whom the debt is owed.
;decision:In law, a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application; a judgment; 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," and "findings of fact."
;decision:In law, a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application; a judgment; 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 their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law," and "findings of fact."
;declaration:In law, a pronouncement of the court about a fact or a state of affairs, such as a declaration that a marriage is void or that a person is the guardian of a child. Not to be confused with an order, which is a mandatory direction of the court requiring a party to do or not do something. See "order."
;declaration:In law, a pronouncement of the court about a fact or a state of affairs, such as a declaration that a marriage is void or that a person is the guardian of a child. Not to be confused with an order, which is a mandatory direction of the court requiring a party to do or not do something. See "order."
;deem:To make an assumption that one thing follows logically from another; a presumption of a fact based on other facts. Sometimes, a presumption of a fact required by law, such as the presumption that a respondent who files a Response to Family Claim has been served with the Notice of Family Claim.
;deem:To make an assumption that one thing follows logically from another; a presumption of a fact based on other facts. Sometimes, a presumption of a fact required by law, such as the presumption that a respondent who files a Response to Family Claim has been served with the Notice of Family Claim.
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;desk order divorce:A process in which a divorce order, with or without other corollary relief, is obtained following the respondent's failure to file a Response to Family Claim. A desk order divorce does not require a hearing in court and is the cheapest way to obtain a divorce order. See "corollary relief" and "divorce."
;desk order divorce:A process in which a divorce order, with or without other corollary relief, is obtained following the respondent's failure to file a Response to Family Claim. A desk order divorce does not require a hearing in court and is the cheapest way to obtain a divorce order. See "corollary relief" and "divorce."
;disability:In law, a legal incapacity to do certain things, like enter into a contract or start a court proceeding. Legal disabilities include insanity and being under the age of majority. See "age of majority."
;disability:In law, a legal incapacity to do certain things, like enter into a contract or start a court proceeding. Legal disabilities include insanity and being under the age of majority. See "age of majority."
;disbar:To strip a lawyer of his or her right to practice law, usually after a formal inquiry by the Law Society.
;disbar:To strip a lawyer of their right to practice law, usually after a formal inquiry by the Law Society.
;disclosure:A step in a court proceeding in which each party advises the other of the documents in his or her possession which relate to the issues in the court proceeding and produces copies of any requested documents before trial. This process is regulated by the rules of court, which put each party under an ongoing obligation to continue to advise the other of new documents coming into their possession or control. The purpose of this step is to encourage the settlement of court proceedings and to prevent a party from springing new evidence on the other party at trial.  
;disclosure:A step in a court proceeding in which each party advises the other of the documents in their possession which relate to the issues in the court proceeding and produces copies of any requested documents before trial. This process is regulated by the rules of court, which put each party under an ongoing obligation to continue to advise the other of new documents coming into their possession or control. The purpose of this step is to encourage the settlement of court proceedings and to prevent a party from springing new evidence on the other party at trial.  
;discontinuance:The termination of a claim by the claimant or the termination of a counterclaim by a respondent. The discontinuance of a claim indicates the party's intention not to proceed with his or her claim. See "action" and "Counterclaim."
;discontinuance:The termination of a claim by the claimant or the termination of a counterclaim by a respondent. The discontinuance of a claim indicates the party's intention not to proceed with their claim. See "action" and "Counterclaim."
;discovery:A step in a court proceeding in which a party may demand that the other party produce specific documents and submit to a cross-examination on oath or affirmation outside of court before trial. This process is regulated by the rules of court. The purpose of this step is to encourage the settlement of court proceedings and to make sure that each party knows what the other party's case will be trial. See "examination for discovery."
;discovery:A step in a court proceeding in which a party may demand that the other party produce specific documents and submit to a cross-examination on oath or affirmation outside of court before trial. This process is regulated by the rules of court. The purpose of this step is to encourage the settlement of court proceedings and to make sure that each party knows what the other party's case will be trial. See "examination for discovery."
;dismiss: In law, a judge’s decision not to grant a claim or to reject a court proceeding with or without trial. An application that is ''dismissed'' has been rejected by the judge. See "application."
;dismiss: In law, a judge’s decision not to grant a claim or to reject a court proceeding with or without trial. An application that is ''dismissed'' has been rejected by the judge. See "application."
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;''ergo'':A Latin word meaning "therefore."
;''ergo'':A Latin word meaning "therefore."
;error of fact:A ground of appeal based on a claim that, unknown to the trial judge, a fact exists, or a fact supposed to exist does not, making the judge's decision void or voidable. See "appeal."
;error of fact:A ground of appeal based on a claim that, unknown to the trial judge, a fact exists, or a fact supposed to exist does not, making the judge's decision void or voidable. See "appeal."
;error of law:A ground of appeal based on a claim that the trial judge did not apply the law correctly in reaching his or her decision. This is the most common ground of appeal. See "appeal" and "error of fact."
;error of law:A ground of appeal based on a claim that the trial judge did not apply the law correctly in reaching their decision. This is the most common ground of appeal. See "appeal" and "error of fact."
;estate:In law, all of the personal property and real property that a person owns or in which he or she has an interest, usually in connection with the prospect or event of the person's death.
;estate:In law, all of the personal property and real property that a person owns or in which they have an interest, usually in connection with the prospect or event of the person's death.
;''et al.'':A Latin phrase meaning "and others," short for ''et alia'' ― because "alia" is just such a pain to write out. Formerly used in a style of cause to indicate that there are more parties to a legal action than are listed, and now replaced with the English phrase. See "style of cause."
;''et al.'':A Latin phrase meaning "and others," short for ''et alia'' ― because "alia" is just such a pain to write out. Formerly used in a style of cause to indicate that there are more parties to a legal action than are listed, and now replaced with the English phrase. See "style of cause."
;evidence:Facts or proof of facts presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay," and "testimony."
;evidence:Facts or proof of facts presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay," and "testimony."
;evidentiary burden:The obligation of a party to prove his or her case, the onus of proof. The burden of proof usually lies on the party who makes a claim, although in certain circumstances this burden is reversed, usually by operation of statute. In civil litigation, a party must prove his or her case on the balance of probabilities.
;evidentiary burden:The obligation of a party to prove their case, the onus of proof. The burden of proof usually lies on the party who makes a claim, although in certain circumstances this burden is reversed, usually by operation of statute. In civil litigation, a party must prove their case on the balance of probabilities.
;examination-in-chief:The portion of a trial where a party asks questions of their own witnesses to elicit evidence of certain facts. The questions asked of the witness cannot be leading, that is, the answer cannot be suggested in the question. For example, "What colour is your car?" rather than "Your car is blue?" See "cross-examination" and "evidence."
;examination-in-chief:The portion of a trial where a party asks questions of their own witnesses to elicit evidence of certain facts. The questions asked of the witness cannot be leading, that is, the answer cannot be suggested in the question. For example, "What colour is your car?" rather than "Your car is blue?" See "cross-examination" and "evidence."
;examination for discovery:The cross-examination of a party under oath or affirmation about the matters at issue in a court proceeding conducted prior to trial. An examination for discovery is held outside court, with no one in attendance except for the parties, the parties' lawyers and a court reporter. The court reporter produces a transcript of the examination, which may, in certain circumstances, be used at trial. See "discovery."
;examination for discovery:The cross-examination of a party under oath or affirmation about the matters at issue in a court proceeding conducted prior to trial. An examination for discovery is held outside court, with no one in attendance except for the parties, the parties' lawyers and a court reporter. The court reporter produces a transcript of the examination, which may, in certain circumstances, be used at trial. See "discovery."
;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."
;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 their 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.
;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.
;executor:The person responsible for carrying out the instructions in a will and wrapping up a deceased person's estate and debts. The lovely feminine form of the word is "executrix," though the masculine form is commonly applied to executrices and executors both. See "estate," "testator," and "will."
;executor:The person responsible for carrying out the instructions in a will and wrapping up a deceased person's estate and debts. The lovely feminine form of the word is "executrix," though the masculine form is commonly applied to executrices and executors both. See "estate," "testator," and "will."
;''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."
;''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."
;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 their field. In family law, experts typically called to give evidence include accountants, business valuators, doctors, and psychologists. See "evidence" and "witness."


==F==
==F==
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;''Family Relations Act'':Former provincial legislation that dealt with custody, guardianship, access, child support, spousal support and, for married spouses, the division of family assets. Now wholly repealed except for certain lingering effects involving the division of property. See "''Family Law Act''."
;''Family Relations Act'':Former provincial legislation that dealt with custody, guardianship, access, child support, spousal support and, for married spouses, the division of family assets. Now wholly repealed except for certain lingering effects involving the division of property. See "''Family Law Act''."
;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."
;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."
;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 their income, expenses, assets and liabilities under oath or affirmation. See "affirm," "oath," and "perjury."
;finding:A conclusion made by a judge which decides a point of law or a disputed fact.
;finding:A conclusion made by a judge which decides a point of law or a disputed fact.
;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 fact:A judge’s conclusion about the facts in a court proceeding, made after hearing all the evidence. See "decision" and "question of fact."
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;fornication:Sex between two unmarried people. No longer a criminal offence in Canada, thankfully, although it remains an offence in certain American states. See "adultery."
;fornication:Sex between two unmarried people. No longer a criminal offence in Canada, thankfully, although it remains an offence in certain American states. See "adultery."
;forum:In law, a particular court or level of court, sometimes used in reference to the court's jurisdiction over a particular issue.
;forum:In law, a particular court or level of court, sometimes used in reference to the court's jurisdiction over a particular issue.
;foster care:A home where a child lives other than with his or her natural or adoptive parents. Such a situation usually arises when the child welfare authorities have apprehended a child or when a child's parents voluntarily give the child up. See "apprehension."
;foster care:A home where a child lives other than with their natural or adoptive parents. Such a situation usually arises when the child welfare authorities have apprehended a child or when a child's parents voluntarily give the child up. See "apprehension."
;foster parent:An adult charged with the care of a child who is not his or her own natural or adoptive child, usually in the position of a guardian to the child, who receives money in exchange for caring for the child. See "apprehension" and "guardian."
;foster parent:An adult charged with the care of a child who is not their own natural or adoptive child, usually in the position of a guardian to the child, who receives money in exchange for caring for the child. See "apprehension" and "guardian."
;frivolous and vexatious:A term under the provincial ''Supreme Court Act'' describing court proceedings or applications brought by a litigant that are clearly unsupported by the evidence or the law. Such behaviour is considered to be a nuisance to other parties to those proceedings and a waste of the court’s time, and may result in an order preventing the litigant from taking further legal steps without permission from the court. See "action" and "litigant."
;frivolous and vexatious:A term under the provincial ''Supreme Court Act'' describing court proceedings or applications brought by a litigant that are clearly unsupported by the evidence or the law. Such behaviour is considered to be a nuisance to other parties to those proceedings and a waste of the court’s time, and may result in an order preventing the litigant from taking further legal steps without permission from the court. See "action" and "litigant."
;frustration:In contract law, the inability to complete or fulfill a contract, whether intentional or unintentional; the intentional interference with a person's rights under a contract or court order. In family law, the motivation for an application for annulment based on non-consummation of the marriage. A contract that cannot be completed or fulfilled is said to be "frustrated."
;frustration:In contract law, the inability to complete or fulfill a contract, whether intentional or unintentional; the intentional interference with a person's rights under a contract or court order. In family law, the motivation for an application for annulment based on non-consummation of the marriage. A contract that cannot be completed or fulfilled is said to be "frustrated."
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;''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.
;''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."   
;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."   
;instructions:In law, the directions given by a client to his or her lawyer about the conduct of his or her affairs or of a court proceeding.
;instructions:In law, the directions given by a client to their lawyer about the conduct of their affairs or of a court proceeding.
;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."
;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."
;''inter alia'':A Latin phrase meaning "among other things." For example, "The Brady Bunch children included, ''inter alia'', Cindy, Jan and Bobby."
;''inter alia'':A Latin phrase meaning "among other things." For example, "The Brady Bunch children included, ''inter alia'', Cindy, Jan and Bobby."
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;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."
;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."
;judge:A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal.  
;judge:A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal.  
;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."
;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 their 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."
;jurisdiction:With respect to courts, the authority of the court to hear an action and make orders; the limits of the authority of a particular judicial official; the geographic location of a court; the territorial limits of a court's authority. With respect to governments, the authority of a government to make legislation as determined by the constitution; the limits of authority of a particular government agents. See “constitution."
;jurisdiction:With respect to courts, the authority of the court to hear an action and make orders; the limits of the authority of a particular judicial official; the geographic location of a court; the territorial limits of a court's authority. With respect to governments, the authority of a government to make legislation as determined by the constitution; the limits of authority of a particular government agents. See “constitution."
;justice:A judge of the superior courts of British Columbia, being the Supreme Court and the Court of Appeal.
;justice:A judge of the superior courts of British Columbia, being the Supreme Court and the Court of Appeal.
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;''Land Title Act'':Provincial legislation governing the ownership and transfer of land in British Columbia, including the issuance and registration of Certificates of Pending Litigation, liens, judgments and mortgages. See "encumbrance" and "real property."
;''Land Title Act'':Provincial legislation governing the ownership and transfer of land in British Columbia, including the issuance and registration of Certificates of Pending Litigation, liens, judgments and mortgages. See "encumbrance" and "real property."
;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."
;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."
;last will and testament:A legal document in which a person sets out how he wishes their 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."
;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."
;lawyer:A person licensed to practice law in a particular jurisdiction. See "barrister and solicitor."
;lawyer's fees:The money charged by a lawyer to his or her client for the lawyer's services, usually pursuant to the terms of the lawyer's retainer agreement. Most family law lawyers bill by the hour with a premium for success or the difficulty or novelty of the case. A lawyer's bill may include "disbursements," costs incurred by the lawyer for such things as courier fees, court fees or photocopying expenses. See "account" and "certificate of fees."
;lawyer's fees:The money charged by a lawyer to their client for the lawyer's services, usually pursuant to the terms of the lawyer's retainer agreement. Most family law lawyers bill by the hour with a premium for success or the difficulty or novelty of the case. A lawyer's bill may include "disbursements," costs incurred by the lawyer for such things as courier fees, court fees or photocopying expenses. See "account" and "certificate of fees."
;lay litigant:A party to a court proceeding who is not represented by a lawyer and acts on his or her own behalf; a self-represented litigant, a ''pro se'' litigant. "Lay" in this context means without professional training. See "action," "lawyer" and "litigant."
;lay litigant:A party to a court proceeding who is not represented by a lawyer and acts on their own behalf; a self-represented litigant, a ''pro se'' litigant. "Lay" in this context means without professional training. See "action," "lawyer" and "litigant."
;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."
;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.
;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.
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;misrepresentation:Acts or words tending or intended to give a misleading or false impression as to the true state of affairs. See "bad faith."
;misrepresentation:Acts or words tending or intended to give a misleading or false impression as to the true state of affairs. See "bad faith."
;mistake:In law, an unintentional act or failure to act arising from a misunderstanding of the true state of affairs, from ignorance, or from an error not made in bad faith. In contract law, an unintentional misunderstanding as to the nature of a term agreed to in a contract. See "bad faith" and "contract."
;mistake:In law, an unintentional act or failure to act arising from a misunderstanding of the true state of affairs, from ignorance, or from an error not made in bad faith. In contract law, an unintentional misunderstanding as to the nature of a term agreed to in a contract. See "bad faith" and "contract."
;mortgage:The conditional transfer of the title to real property by an owner to another person in return for money given by that person as a loan, while retaining possession of the property. The party to whom title is given, the "mortgagee," usually a bank, is allowed to register the title of the property in his or her name if the person taking the loan, the "mortgagor," fails to make the required payments. See "encumbrance" and "real property."
;mortgage:The conditional transfer of the title to real property by an owner to another person in return for money given by that person as a loan, while retaining possession of the property. The party to whom title is given, the "mortgagee," usually a bank, is allowed to register the title of the property in their name if the person taking the loan, the "mortgagor," fails to make the required payments. See "encumbrance" and "real property."
;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."
;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."


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==O==
==O==


;oath:In law, a guarantee of the truth of a statement secured by one's faith in a god, and the prospect of torment in the afterlife in the event the promise is falsely made. Someone making an affidavit will often give his or her evidence in that affidavit under oath; a witness giving oral evidence will often give his or her evidence in court under oath. See "affidavit," "affirm," "perjury" and "witness."
;oath:In law, a guarantee of the truth of a statement secured by one's faith in a god, and the prospect of torment in the afterlife in the event the promise is falsely made. Someone making an affidavit will often give their evidence in that affidavit under oath; a witness giving oral evidence will often give their evidence in court under oath. See "affidavit," "affirm," "perjury" and "witness."
;obligation:A duty, whether contractual, moral or legal in origin, to do or not do something. See "duty."
;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."
;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."
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;offer to settle:A proposal made by one party to the other, prior to the trial of a court proceeding (or its conclusion) or the hearing of an application, setting out the terms on which the party is prepared to settle the trial or application. Offers to settle can have important consequences with respect to costs if the offer is close to what the judge decides following trial, but must be clear and precise, and contain certain language required by the Supreme Court Family Rules. See "costs."
;offer to settle:A proposal made by one party to the other, prior to the trial of a court proceeding (or its conclusion) or the hearing of an application, setting out the terms on which the party is prepared to settle the trial or application. Offers to settle can have important consequences with respect to costs if the offer is close to what the judge decides following trial, but must be clear and precise, and contain certain language required by the Supreme Court Family Rules. See "costs."
;officer of the court:An official of the court, including court clerks, sheriffs, lawyers, and judges.
;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.
;onus:The obligation of a party to prove their 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.
;omission:In law, a failure to do something, whether the failure was intentional or unintentional.
;omission:In law, a failure to do something, whether the failure was intentional or unintentional.
;opinion:In law, a lawyer's advice to his or her client; a lawyer's analysis of a legal problem; the views of an expert as to a matter at issue in an action. See "expert evidence" and "opinion evidence."
;opinion:In law, a lawyer's advice to their client; a lawyer's analysis of a legal problem; the views of an expert as to a matter at issue in an action. See "expert evidence" and "opinion evidence."
;opinion evidence: Evidence given orally at trial or in writing in by affidavit concerning a witness' convictions, feelings or views on something. Opinion evidence is inadmissible except when the opinion is offered by an expert on a subject within his or her expertise. See "affidavit," "evidence," "expert" and "witness."
;opinion evidence: Evidence given orally at trial or in writing in by affidavit concerning a witness' convictions, feelings or views on something. Opinion evidence is inadmissible except when the opinion is offered by an expert on a subject within their expertise. See "affidavit," "evidence," "expert" and "witness."
;order:A mandatory direction of the court, binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. See "appeal," "consent order," "decision" and "declaration."
;order:A mandatory direction of the court, binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. See "appeal," "consent order," "decision" and "declaration."
;ordinary service:Sending legal documents to a party at that party's "address for service," usually by mail, fax or email. Certain documents, like a Notice of Family Claim, must be served on the other party by personal service. Most other documents may be served by ordinary service. See also "address for service" and "personal service."
;ordinary service:Sending legal documents to a party at that party's "address for service," usually by mail, fax or email. Certain documents, like a Notice of Family Claim, must be served on the other party by personal service. Most other documents may be served by ordinary service. See also "address for service" and "personal service."
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;paternity:Fatherhood of a child, often contested by persons seeking to avoid a child support obligation. See "bastard."
;paternity:Fatherhood of a child, often contested by persons seeking to avoid a child support obligation. See "bastard."
;paternity test:A scientific test performed to determine the biological parentage of a child, usually performed by the genetic testing of the blood or saliva of the alleged parents and the child.
;paternity test:A scientific test performed to determine the biological parentage of a child, usually performed by the genetic testing of the blood or saliva of the alleged parents and the child.
;peace officer:A person having a duty to enforce the law as a result of his or her position or employment, including municipal police officers as well as RCMP officers, sheriffs, customs officers and mayors, among others.
;peace officer:A person having a duty to enforce the law as a result of their position or employment, including municipal police officers as well as RCMP officers, sheriffs, customs officers and mayors, among others.
;pecuniary:Relating to money, which is exactly what someone who is "impecunious" doesn't have a great deal of. See "indigent."
;pecuniary:Relating to money, which is exactly what someone who is "impecunious" doesn't have a great deal of. See "indigent."
;peremptory:Something which is fixed, mandatory or absolute. A peremptory hearing date, for example, is a date on which a hearing will absolutely proceed without any further adjournments or delay.
;peremptory:Something which is fixed, mandatory or absolute. A peremptory hearing date, for example, is a date on which a hearing will absolutely proceed without any further adjournments or delay.
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;perjury:Intentionally lying to the court while giving evidence under oath or affirmation, including lying in a document made on oath or affirmation, such as an affidavit or a Financial Statement. This is a criminal offence and may also addressed by the court through its powers to punish for contempt. See "contempt of court."  
;perjury:Intentionally lying to the court while giving evidence under oath or affirmation, including lying in a document made on oath or affirmation, such as an affidavit or a Financial Statement. This is a criminal offence and may also addressed by the court through its powers to punish for contempt. See "contempt of court."  
;personal property:Chattels, goods, money; property other than real property. See "chattel" and "real property."
;personal property:Chattels, goods, money; property other than real property. See "chattel" and "real property."
;personal service:In law, the delivery of a legal document to a party in a court proceeding in a manner which complies with the rules of court, usually by physically handing the document to the party and verifying his or her identity. Personal service is usually required for the proper delivery of the pleadings that are used to start a proceeding to ensure that the party is given proper notice of the proceeding and the opportunity to mount a defence. See also "ordinary service," "pleadings" and "service, substituted."
;personal service:In law, the delivery of a legal document to a party in a court proceeding in a manner which complies with the rules of court, usually by physically handing the document to the party and verifying their identity. Personal service is usually required for the proper delivery of the pleadings that are used to start a proceeding to ensure that the party is given proper notice of the proceeding and the opportunity to mount a defence. See also "ordinary service," "pleadings" and "service, substituted."
;Petition:A court form required by the Supreme Court Family Rules used to commence court proceedings that can be dealt with in the manner of an application, without the need for a protracted process of disclosure and discovery. See "action," "application," "disclosure" and "discovery."
;Petition:A court form required by the Supreme Court Family Rules used to commence court proceedings that can be dealt with in the manner of an application, without the need for a protracted process of disclosure and discovery. See "action," "application," "disclosure" and "discovery."
;petition respondent:The person against whom a court proceeding has been started by Petition. See "Petition."
;petition respondent:The person against whom a court proceeding has been started by Petition. See "Petition."
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;premises:In real property law, a piece of property and a building situated on it, usually including the area of the property surrounding a building on that property. In law generally, a premise is an assumption that founds a logical argument. See "argument" and "real property."
;premises:In real property law, a piece of property and a building situated on it, usually including the area of the property surrounding a building on that property. In law generally, a premise is an assumption that founds a logical argument. See "argument" and "real property."
;''prima facie'':A Latin phrase meaning at "first face." Refers to a fact or circumstance that is obvious at first glance or that is easily proven.
;''prima facie'':A Latin phrase meaning at "first face." Refers to a fact or circumstance that is obvious at first glance or that is easily proven.
;privilege:In law, the duty a lawyer has to keep his or her client’s information confidential, including communications between the lawyer and client and advice given to the client; the client's right to have his or her confidential communications kept secret and protected from disclosure. See "lawyer."
;privilege:In law, the duty a lawyer has to keep their client’s information confidential, including communications between the lawyer and client and advice given to the client; the client's right to have their confidential communications kept secret and protected from disclosure. See "lawyer."
;probate:The process of checking the validity of a will, distributing a dead person’s estate and settling his or her debts according to the instructions set out in that person's will. See "estate" and "will."
;probate:The process of checking the validity of a will, distributing a dead person’s estate and settling their debts according to the instructions set out in that person's will. See "estate" and "will."
;''pro bono'':A Latin phrase short for ''pro bono publico'', meaning "for the public good." Usually refers to those situations in which a lawyer voluntarily performs a legal service without charge. See "lawyer."
;''pro bono'':A Latin phrase short for ''pro bono publico'', meaning "for the public good." Usually refers to those situations in which a lawyer voluntarily performs a legal service without charge. See "lawyer."
;proceeding:In law, the whole of the conduct of a court proceeding, from beginning to end, and the steps in between; may also be used to refer to a specific hearing or trial. See "action."
;proceeding:In law, the whole of the conduct of a court proceeding, from beginning to end, and the steps in between; may also be used to refer to a specific hearing or trial. See "action."
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;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 their 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."
;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."
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;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."
;''res judicata'':A Latin phrase meaning "a thing decided." A final order, unlike an interim order, permanently concludes a legal dispute and usually a court proceeding, unless it is appealed; the final order makes the legal issues raised in the proceeding ''res judicata''. See "appeal" and "final order."
;''res judicata'':A Latin phrase meaning "a thing decided." A final order, unlike an interim order, permanently concludes a legal dispute and usually a court proceeding, unless it is appealed; the final order makes the legal issues raised in the proceeding ''res judicata''. See "appeal" and "final order."
;Response to Family Claim: A legal document required by the Supreme Court Family Rules in which the respondent to a court proceeding sets out his or her reply to the claimant's claim and the grounds for his or her reply. See "action," claim," "Notice of Family Claim" and "pleadings."
;Response to Family Claim: A legal document required by the Supreme Court Family Rules in which the respondent to a court proceeding sets out their reply to the claimant's claim and the grounds for their reply. See "action," claim," "Notice of Family Claim" and "pleadings."
;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 their 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."
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;sale:An agreement to transfer the ownership of property from one person to another in exchange for the reciprocal transfer of something else, usually money. See "agreement."
;sale:An agreement to transfer the ownership of property from one person to another in exchange for the reciprocal transfer of something else, usually money. See "agreement."
;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 their 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 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."
;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."
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;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 in the manner required by the rules of court or a court order. 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 in the manner required by the rules of court or a court order. See "personal service."
;settlement:A resolution of one or more issues 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 conclusion of trial. See "action," "consent order," "family law agreements" and "offer."
;settlement:A resolution of one or more issues 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 conclusion of trial. See "action," "consent order," "family law agreements" and "offer."
;shared custody:A term used by the Child Support Guidelines to describe circumstances in which 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."
;shared custody:A term used by the Child Support Guidelines to describe circumstances in which a child's time is shared equally or almost-equally between their 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."
;''sine die'':A Latin phrase meaning "without a day." An application adjourned ''sine die'' has been adjourned without a specific date being set for the hearing, often in the expectation that it will never need to be set for hearing. See "adjournment" and "application."
;''sine die'':A Latin phrase meaning "without a day." An application adjourned ''sine die'' has been adjourned without a specific date being set for the hearing, often in the expectation that it will never need to be set for hearing. See "adjournment" and "application."
;split custody:A term used by the Child Support Guidelines to describe circumstances in which 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."
;split custody:A term used by the Child Support Guidelines to describe circumstances in which 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."
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;stepparent:The spouse of a person who has children from a previous relationship. A stepparent may qualify as a "parent" for the purposes of issues relating to child support and the care and control of a child under both the ''Divorce Act'' and the ''Family Law Act''. See "parent" and "spouse."
;stepparent:The spouse of a person who has children from a previous relationship. A stepparent may qualify as a "parent" for the purposes of issues relating to child support and the care and control of a child under both the ''Divorce Act'' and the ''Family Law Act''. See "parent" and "spouse."
;subpoena:A legal document, issued by a court or by a party pursuant to the rules of court, which compels a person to attend court to give evidence as a witness, and, sometimes, to produce a specific document. Failure to obey a subpoena may constitute contempt of court. See "contempt of court," "evidence" and "witness."
;subpoena:A legal document, issued by a court or by a party pursuant to the rules of court, which compels a person to attend court to give evidence as a witness, and, sometimes, to produce a specific document. Failure to obey a subpoena may constitute contempt of court. See "contempt of court," "evidence" and "witness."
;substituted service: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."
;substituted service: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 they are 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."
;suit:In law, a court proceeding, a lawsuit, a legal action, a case; a claimant's claim against a respondent. In fashion, menswear designed to inflict maximum discomfort at maximum cost. See "action."
;suit:In law, a court proceeding, a lawsuit, a legal action, a case; a claimant's claim against a respondent. In fashion, menswear designed to inflict maximum discomfort at maximum cost. See "action."
;Supreme Court:Normally referred to as the "Supreme Court of British Columbia," this court hears most court proceedings in this province. The Supreme Court is a court of inherent jurisdiction and is subject to no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court" and "Supreme Court of Canada."
;Supreme Court:Normally referred to as the "Supreme Court of British Columbia," this court hears most court proceedings in this province. The Supreme Court is a court of inherent jurisdiction and is subject to no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court" and "Supreme Court of Canada."
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;table amount:The amount of child support payable under the Child Support Guidelines tables. See "Child Support Guidelines."
;table amount:The amount of child support payable under the Child Support Guidelines tables. See "Child Support Guidelines."
;tenancy in common:A kind of co-ownership of property in which two or more owners have distinct shares in the common property. A tenant in common may choose to sell or mortgage his or her share of the property independently from other owners. See "joint tenancy."
;tenancy in common:A kind of co-ownership of property in which two or more owners have distinct shares in the common property. A tenant in common may choose to sell or mortgage their share of the property independently from other owners. See "joint tenancy."
;term of art:A phrase that has a particular meaning in law that is usually distinct from the common English meaning of the phrase, like the phrase "term of art."  
;term of art:A phrase that has a particular meaning in law that is usually distinct from the common English meaning of the phrase, like the phrase "term of art."  
;testator:In estate law, a person who has made a will. The feminine form of this word is "testatrix." See "estate" and "will."
;testator:In estate law, a person who has made a will. The feminine form of this word is "testatrix." See "estate" and "will."
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;transfer:In property 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."  
;transfer:In property 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 on the parties unless appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."
;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 on 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," without owning that property and usually without acquiring an interest in that property other than as payment for his or her services. The trustee holds the property ''in trust'' for the beneficiary. See "constructive trust," "ownership," "possession" and "resulting trust."  
;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," without owning that property and usually without acquiring an interest in that property other than as payment for their services. The trustee holds the property ''in trust'' for the beneficiary. See "constructive trust," "ownership," "possession" and "resulting trust."  
;trustee:A person who holds property in trust for the benefit of another person. See "trust."
;trustee:A person who holds property in trust for the benefit of another person. See "trust."


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