Difference between revisions of "Terminology"

;case law:The law as is established and developed by the decisions made in each court proceeding. See "common law."

;cause:In law, a lawsuit, an action, or a cause of action; the wrongful act of another which gives rise to a claim for relief. See "action," "cause of action."

;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.

;claimant:The person who starts a court proceeding seeking an order for specific remedy or relief against another person, the respondent. See "action" and "respondent."

;clear title:Ownership of property without any debt, liens, or claims being registered against the property. For example, owning a piece of land without a mortgage or a CPL on the property, or owning a car without a car loan. See "Certificate of Pending Litigation."

;coercion:The use of force or intimidation, whether emotional or physical, to compel another person to do something; interference with another person's freedom of choice to obtain an outcome, action or behaviour.

;cohabitation:Living with another person, shacking up, playing house. Cohabitation in a "marriage-like relationship" is necessary to qualify as "spouse" under the ''Family Law Act''.  See "marriage-like relationship" and "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 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.

;conjugal rights:A somewhat outdated idea involving each spouse’s entitlement to the benefits of the different aspects of married life from the other, including the comforts of living together, eating at the same table, sympathy, mutual confidence, sex and so forth.

;consanguinity:Being related to another person by blood. For a marriage to be valid, the parties must not be within the prohibited degrees of consanguinity or adoption. See "marriage," "''Marriage (Prohibited Degrees) Act''" and "marriage, validity of."

;constitution:In law, the rules that set out the political and legal organization of a state. The power and authority of the governments, the legislative bodies and the courts, as well as their limits, stem from the constitution. In Canada, there are two primary constitutional documents, the ''Constitution Act, 1867'' and the ''Constitution Act, 1982''. The ''Charter of Rights and Freedoms'' is part of the ''Constitution Act, 1982''.

;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."

;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."

;contract law:The branch of law dealing with the interpretation and enforcement of contracts. The principles of contract law are usually but not always applicable to family law agreements.

;corollary relief:In court proceeding for divorce, this term refers to all relief claimed apart from the divorce order itself. For example, in a court proceeding for divorce and custody, the claim for custody is corollary relief. See "action" and "relief."

;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 proceeding:A legal proceeding in which one party sues another for a specific remedy or relief, also called an "action," a "lawsuit" or a "case." A court proceeding for divorce, for example, is a proceeding in which the claimant sues the respondent for the relief of a divorce order.

;covenant:A promise to do or not do a particular thing. See "contract," "family law agreements" and "separation agreements."

;CPL:The short form for "Certificate of Pending Legislation." A CPL is 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."

;cruelty:In family law, the physical, verbal, emotional or mental abuse of one married spouse by the other. Proof of cruelty is grounds for an immediate divorce, providing that the other spouse has not forgiven the adulterous act. See "condonation" and "divorce, grounds of"

;custody:In family law, an antiquated term used by the ''Divorce Act'' to describe the right to possess a child and make parenting decisions concerning the child's health, welfare and upbringing. See "access."