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Difference between revisions of "Terminology"
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;bastard:A child of unmarried parents; an illegitimate child. Bastards used to be at a profound legal disadvantage; however, the law has changed so that such children are treated no differently than children born of a marriage. The appearance of this definition below that of "barrister and solicitor" is purely coincidental. | ;bastard:A child of unmarried parents; an illegitimate child. Bastards used to be at a profound legal disadvantage; however, the law has changed so that such children are treated no differently than children born of a marriage. The appearance of this definition below that of "barrister and solicitor" is purely coincidental. | ||
;bench:In law, the court; judges as a group; the place where a judge sits in a courtroom. | ;bench:In law, the court; judges as a group; the place where a judge sits in a courtroom. | ||
;beneficiary:A person for whom a trustee holds a trust; the recipient or intended recipient of property given in a will. See "heir | ;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 their 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 which 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." | ||
;''bona fide'':A Latin phrase meaning "in good faith." Doing something honestly and openly, without intending to mislead, deceive, or harm someone else. See "bad faith." | ;''bona fide'':A Latin phrase meaning "in good faith." Doing something honestly and openly, without intending to mislead, deceive, or harm someone else. See "bad faith." | ||
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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 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." | ;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 a 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." | ||