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Difference between revisions of "Terminology"
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;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. | ||
;appellant:The party who brings an appeal of a lower court's decision. See also "appeal" and "respondent." | ;appellant:The party who brings an appeal of a lower court's decision. See also "appeal" and "respondent." | ||
;applicant:A party who brings an application to the court for a specific order or remedy. Usually refers to the party making an interim application, but in the Provincial Court | ;applicant:A party who brings an application to the court for a specific order or remedy. Usually refers to the party making an interim application, but in the Provincial Court it also means the person who starts a court proceeding. See also "court proceeding," "application respondent," and "interim application." | ||
;application:A request to the court that it make a specific order, usually on an interim or temporary basis, also called a "chambers application" or a "motion." See also "interim application" and "relief." | ;application:A request to the court that it make a specific order, usually on an interim or temporary basis, also called a "chambers application" or a "motion." See also "interim application" and "relief." | ||
;Application to Obtain an Order:A legal document required by the Provincial Court Family Rules to start a court proceeding, which sets out the relief sought by the applicant against the person named as respondent. See "action," "applicant," "pleadings," "relief," and "respondent." | ;Application to Obtain an Order:A legal document required by the Provincial Court Family Rules to start a court proceeding, which sets out the relief sought by the applicant against the person named as respondent. See "action," "applicant," "pleadings," "relief," and "respondent." | ||
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;Application Response:A legal document required by the Supreme Court Family Rules to reply to a Notice of Application, which sets out the relief agreed to and opposed by the application respondent and the facts in support of that position. See "interim application." | ;Application Response:A legal document required by the Supreme Court Family Rules to reply to a Notice of Application, which sets out the relief agreed to and opposed by the application respondent and the facts in support of that position. See "interim application." | ||
;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 their 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. | ||
;arrears:Child support or spousal support that is owing because of an order or agreement but is unpaid. | ;arrears:Child support or spousal support that is owing because of an order or agreement, but is unpaid. | ||
;assent:Agreement, approval. | ;assent:Agreement, approval. | ||
;assess:To determine the value or amount of something. A lawyer's bill may be ''assessed'' by a registrar to determine the actual amount the client should pay. See "appraisal." | ;assess:To determine the value or amount of something. A lawyer's bill may be ''assessed'' by a registrar to determine the actual amount the client should pay. See "appraisal." | ||
;assign:In law, to transfer an interest or right in something to someone else. People who go on welfare, for example, are required to assign their rights to apply for child support and spousal support to the provincial government. | ;assign:In law, to transfer an interest or right in something to someone else. People who go on welfare, for example, are required to assign their rights to apply for child support and spousal support to the provincial government. | ||
;attest:To swear or affirm something to be true, usually in the context of giving oral evidence or providing affidavit evidence. | ;attest:To swear or affirm something to be true, usually in the context of giving oral evidence or providing affidavit evidence. | ||
;award:A mandatory direction of an arbitrator, binding and enforceable upon the parties to an arbitration proceeding, made following the hearing of the arbitration trial proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to challenge or appeal the award in court. See "appeal," "arbitration" and "family law arbitrator." | ;award:A mandatory direction of an arbitrator, binding and enforceable upon the parties to an arbitration proceeding, made following the hearing of the arbitration trial proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to challenge or appeal the award in court. See "appeal," "arbitration," and "family law arbitrator." | ||
==B== | ==B== | ||