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Difference between revisions of "Terminology"
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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 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." | ;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 amount of time with the child. See "custody." | ||
;account:In law, a lawyer's bill to their 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." | ||
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;''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 their 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 their spouse | ;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 spouse who proves the adultery 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. | ||
;advocate:A lawyer or a person other than a lawyer who helps clients with legal issues; to argue a position on behalf of a client. | ;advocate:A lawyer or a person other than a lawyer who helps clients with legal issues; to argue a position on behalf of a client. | ||
;affidavit:A legal document in which a person provides evidence of certain facts and events in writing, as if the evidence was given orally in court. Affidavits must be notarized by a lawyer or notary public who takes the oath or affirmation of the person making the affidavit to confirm the truth of the affidavit. Affidavits are used as evidence, just as if the deponent, the person making the affidavit, had made the statements as a witness. See "deponent" and "witness." | ;affidavit:A legal document in which a person provides evidence of certain facts and events in writing, as if the evidence was given orally in court. Affidavits must be notarized by a lawyer or notary public who takes the oath or affirmation of the person making the affidavit to confirm the truth of the affidavit. Affidavits are used as evidence, just as if the deponent, the person making the affidavit, had made the statements as a witness. See "deponent" and "witness." | ||
;affidavit of service:A legal document required by the rules of court in which a person who has personally served someone describes the circumstances in which the person was served. This may be essential to prove personal service, particularly if the serving party intends to seek a default judgment, as is usually the case in a desk order divorce. See "default judgment" and "personal service." | ;affidavit of service:A legal document required by the rules of court in which a person who has personally served someone describes the circumstances in which the person was served. This may be essential to prove personal service, particularly if the serving party intends to seek a default judgment, as is usually the case in a desk order divorce. See "default judgment" and "personal service." | ||
;affirm:To promise that a statement is true. When someone "swears" to tell the truth, they are taking an oath on their faith in a god and their fear of retribution in the afterlife. Affirming is a substitute for taking an oath, and is most often employed where the person making the statement is an atheist or under a religious proscription from making oaths. See "affidavit," "oath," "perjury" and "witness." | ;affirm:To promise that a statement is true. When someone "swears" to tell the truth, they are taking an oath on their faith in a god and their fear of retribution in the afterlife. Affirming is a substitute for taking an oath, and is most often employed where the person making the statement is an atheist or under a religious proscription from making oaths. See "affidavit," "oath," "perjury", and "witness." | ||
;age of majority:The age at which a child becomes a legal adult with the full capacity to act on their own, including the capacity to sue and be sued. In British Columbia, the age of majority is 19. The age of majority has nothing to do with being entitled to vote or buy alcohol, although federal and provincial laws sometimes link those privileges with the age at which one attains majority. See "disability" and "infant." | ;age of majority:The age at which a child becomes a legal adult with the full capacity to act on their own, including the capacity to sue and be sued. In British Columbia, the age of majority is 19. The age of majority has nothing to do with being entitled to vote or buy alcohol, although federal and provincial laws sometimes link those privileges with the age at which one attains majority. See "disability" and "infant." | ||
;agent:In law, someone acting on behalf of someone else, with that person's express permission and normally at their express direction. | ;agent:In law, someone acting on behalf of someone else, with that person's express permission and normally at their express direction. | ||
;alias:A name by which people know you other than your legal name, such as Vanilla Ice if your legal name is Robert Matthew Van Winkle. Aliases are not illegal in British Columbia. | ;alias:A name by which people know you other than your legal name, such as Vanilla Ice if your legal name is Robert Matthew Van Winkle. Aliases are not illegal in British Columbia. | ||
;alienating:In family law, the actions or statements of one parent that tend to sever, damage, or harm a child's relationship with or affections for the other parent, either intentionally or unintentionally. | ;alienating:In family law, the actions or statements of one parent that tend to sever, damage, or harm a child's relationship with, or affections for, the other parent, either intentionally or unintentionally. | ||
;allegation:A claim that a certain set of facts is true, such as "on Monday, I had soup for lunch" or "Bob drives a blue Camaro." Also called an "allegation of fact" or a "statement of fact." | ;allegation:A claim that a certain set of facts is true, such as "on Monday, I had soup for lunch" or "Bob drives a blue Camaro." Also called an "allegation of fact" or a "statement of fact." | ||
;alternative: In law, a phrase used to indicate secondary relief or a secondary ground of relief in a claim or application, usually presented as an option to the primary relief or primary ground of relief. For example, "I'd like to | ;alternative: In law, a phrase used to indicate secondary relief or a secondary ground of relief in a claim or application, usually presented as an option to the primary relief or primary ground of relief. For example, "I'd like to have all of the house but, in the alternative, I'll take half." See “motion," “pleadings," and “relief." | ||
;alternative dispute resolution:A phrase referring to a family of processes intended to resolve disputes outside of the court system, including arbitration, mediation, negotiation, and collaborative settlement processes. In family law, the purpose of alternative dispute resolution is to offer a less adversarial and less expensive way to resolve a dispute than having to go to court and have a judge resolve things. | ;alternative dispute resolution:A phrase referring to a family of processes intended to resolve disputes outside of the court system, including arbitration, mediation, negotiation, and collaborative settlement processes. In family law, the purpose of alternative dispute resolution is to offer a less adversarial and less expensive way to resolve a dispute than having to go to court and have a judge resolve things. | ||
;amend:To change or alter a pleading or document that has already been filed in court or given to the other party. The resulting document is a separate document from the original and is called, for example, the "amended Notice of Family Claim" or the "amended separation agreement." | ;amend:To change or alter a pleading or document that has already been filed in court or given to the other party. The resulting document is a separate document from the original and is called, for example, the "amended Notice of Family Claim" or the "amended separation agreement." | ||
;''amicus curiae'':A Latin phrase meaning "friend of the court." Usually refers to a lawyer who does not act for any of the parties and assists the court by bringing relevant information to the attention of the judge. | ;''amicus curiae'':A Latin phrase meaning "friend of the court." Usually refers to a lawyer who does not act for any of the parties and assists the court by bringing relevant information to the attention of the judge. | ||
;annulment:A declaration by a judge that a marriage is invalid. The effect of such a declaration is to cancel the marriage from the moment it took place, as if the marriage never occurred. See "ab initio," "declaration" and "marriage, validity of." | ;annulment:A declaration by a judge that a marriage is invalid. The effect of such a declaration is to cancel the marriage from the moment it took place, as if the marriage never occurred. See "ab initio," "declaration," and "marriage, validity of." | ||
;answer: In law, response to an allegation of fact or to a claim. Usually refers to documents which reply to the allegations or claims made by the other party, such as a "Response to Family Claim" or a "Reply." | ;answer: In law, response to an allegation of fact or to a claim. Usually refers to documents which reply to the allegations or claims made by the other party, such as a "Response to Family Claim" or a "Reply." | ||
;appeal:An application to a higher court for a review of the correctness of a decision of a lower court. A decision of a judge of the Provincial Court of British Columbia can be appealed to the Supreme Court of British Columbia. A decision of a judge of the Supreme Court can be appealed to the Court of Appeal for British Columbia. | ;appeal:An application to a higher court for a review of the correctness of a decision of a lower court. A decision of a judge of the Provincial Court of British Columbia can be appealed to the Supreme Court of British Columbia. A decision of a judge of the Supreme Court can be appealed to the Court of Appeal for British Columbia. | ||