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Difference between revisions of "Terminology"
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;defence:A reply, a rebuttal, an answer to a court proceeding or an application; a statement as to why a particular claim or application should not succeed. | ;defence:A reply, a rebuttal, an answer to a court proceeding or an application; a statement as to why a particular claim or application should not succeed. | ||
;''de jure'':A Latin phrase meaning "by law." By operation of law; as a matter of law; by legal right. | ;''de jure'':A Latin phrase meaning "by law." By operation of law; as a matter of law; by legal right. | ||
;delivery:Sending legal documents to a party at that party's "address for service," usually by mail, fax or email, called "ordinary service" in proceedings before the Supreme Court. 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." | ;delivery:Sending legal documents to a party at that party's "address for service," usually by mail, fax, or email, called "ordinary service" in proceedings before the Supreme Court. 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." | ||
;demand letter:A letter describing a legal claim sent to the person against whom the claim might be made, offering to settle the claim without the necessity of legal action on terms set out in the letter. Demand letters are usually issued before court proceedings have commenced in order to settle a potential claim without the need for litigation. | ;demand letter:A letter describing a legal claim sent to the person against whom the claim might be made, offering to settle the claim without the necessity of legal action on terms set out in the letter. Demand letters are usually issued before court proceedings have commenced in order to settle a potential claim without the need for litigation. | ||
;''de minimus non curat lex'':A Latin maxim meaning "the law does not concern itself with trifles," also known by its short form, ''de minimus''. This maxim stands for the idea that some claims or arguments, even though legally correct or valid, are too small or trivial to be dealt with by the court. | ;''de minimus non curat lex'':A Latin maxim meaning "the law does not concern itself with trifles," also known by its short form, ''de minimus''. This maxim stands for the idea that some claims or arguments, even though legally correct or valid, are too small or trivial to be dealt with by the court. | ||
;denial:In law, defending a claim by denying the truth of a fact supporting the claim; a rejection of the truth of facts alleged. | ;denial:In law, defending a claim by denying the truth of a fact supporting the claim; a rejection of the truth of facts alleged. | ||
;''de novo'':A Latin phrase meaning "anew." Renewed; from the beginning. An application or trial heard ''de novo'' is heard for a second time without the court considering or being bound by the result of or decisions made during the first hearing. | ;''de novo'':A Latin phrase meaning "anew." Renewed; from the beginning. An application or trial heard ''de novo'' is heard for a second time without the court considering or being bound by the result of or decisions made during the first hearing. | ||
;dependant:In law, a person who relies on someone else for their support and the necessities of life. See "child," "child support" and "spousal support." | ;dependant:In law, a person who relies on someone else for their support and the necessities of life. See "child," "child support," and "spousal support." | ||
;deponent:A person giving information under affirmation or oath; a witness. Refers to both a person giving testimony at a trial and a person making an affidavit. See "affidavit," "evidence," "testimony" and "witness." | ;deponent:A person giving information under affirmation or oath; a witness. Refers to both a person giving testimony at a trial and a person making an affidavit. See "affidavit," "evidence," "testimony," and "witness." | ||
;desertion:In family law, the abandonment of one married spouse by the other. This is an old ground of divorce that has been replaced in the modern ''Divorce Act'' with simple separation for a period of at least one year. See "divorce, grounds of" and "separation." | ;desertion:In family law, the abandonment of one married spouse by the other. This is an old ground of divorce that has been replaced in the modern ''Divorce Act'' with simple separation for a period of at least one year. See "divorce, grounds of" and "separation." | ||
;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 their 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 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. | ;disclosure:A step in a court proceeding in which each party both 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 their 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 at 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." | ||
;dispute resolution:The processes used to conclusively resolve legal disputes including negotiation, collaborative settlement processes, mediation, | ;dispute resolution:The processes used to conclusively resolve legal disputes including negotiation, collaborative settlement processes, mediation, arbitration, and litigation. | ||
;dissent:Disagreement; the decision of a judge of the Court of Appeal who disagrees with the decision reached by the majority of the judges hearing the same appeal. See "appeal" and "Court of Appeal." | ;dissent:Disagreement; the decision of a judge of the Court of Appeal who disagrees with the decision reached by the majority of the judges hearing the same appeal. See "appeal" and "Court of Appeal." | ||
;divorce:The legal termination of a valid marriage by an order of a judge; the ending of a marital relationship and the conjugal obligations of each spouse to the other. See "conjugal rights," "marriage," and "marriage, validity of." | ;divorce:The legal termination of a valid marriage by an order of a judge; the ending of a marital relationship and the conjugal obligations of each spouse to the other. See "conjugal rights," "marriage," and "marriage, validity of." | ||
;''Divorce Act'':Federal legislation that deals with divorce, custody and access, child support, spousal support and the recognition of divorce orders made outside of Canada. | ;''Divorce Act'':Federal legislation that deals with divorce, custody and access, child support, spousal support, and the recognition of divorce orders made outside of Canada. | ||
;divorce, grounds of:The ''Divorce Act'' provides one ground upon which the court may make a divorce order, marriage breakdown. Marriage breakdown may be established on proof of the spouses' separation for at least one year, a spouse's adultery, or a spouse's cruelty toward the other spouse. See "adultery," "cruelty," "divorce," and "separation." | ;divorce, grounds of:The ''Divorce Act'' provides one ground upon which the court may make a divorce order, marriage breakdown. Marriage breakdown may be established on proof of the spouses' separation for at least one year, a spouse's adultery, or a spouse's cruelty toward the other spouse. See "adultery," "cruelty," "divorce," and "separation." | ||
;domestic contract:In family law, an agreement between two or more persons about legal issues that have arisen or | ;domestic contract:In family law, an agreement between two or more persons about legal issues that have arisen or may arise, dealing with their respective rights and obligations to one another, that the parties expect will be binding on them and be enforceable in court. Typical domestic contracts include marriage agreements, cohabitation agreements, and separation agreements. | ||
;domicile:The place where one has one’s permanent home, where one lives most of the time; sometimes the place where one intends to have a permanent home. A party's domicile may have an impact on the jurisdiction of the court to hear a court proceeding, deal with certain claims made in a court proceeding and on the law that applied to divide property and debt. See "jurisdiction" and "residence." | ;domicile:The place where one has one’s permanent home, where one lives most of the time; sometimes the place where one intends to have a permanent home. A party's domicile may have an impact on the jurisdiction of the court to hear a court proceeding, deal with certain claims made in a court proceeding, and on the law that applied to divide property and debt. See "jurisdiction" and "residence." | ||
;donee:A person who receives a gift or bequest. | ;donee:A person who receives a gift or bequest. | ||
;donor:A person gives something as a gift or as a bequest, freely and without expectation of payment in return. | ;donor:A person who gives something as a gift or as a bequest, freely and without expectation of payment in return. | ||
;dower:The entitlement of a wife to a portion of her husband’s estate on his death under the common law. This right is extinguished in British Columbia and is replaced by the provisions of the ''Wills, Estates and Succession Act'' that give a surviving spouse certain rights to share in the estate of the deceased spouse. | ;dower:The entitlement of a wife to a portion of her husband’s estate on his death under the common law. This right is extinguished in British Columbia and is replaced by the provisions of the ''Wills, Estates and Succession Act'' that give a surviving spouse certain rights to share in the estate of the deceased spouse. | ||
;dowry:In some legal systems, the real property and personal property brought into a marriage by the wife; the property given to a wife by her husband in return for her marriage to him. There is no legal entitlement to dowry in Canada, and agreements for dowry will not normally be enforceable. See "chattels" and "real property." | ;dowry:In some legal systems, the real property and personal property brought into a marriage by the wife; the property given to a wife by her husband in return for her marriage to him. There is no legal entitlement to dowry in Canada, and agreements for dowry will not normally be enforceable. See "chattels" and "real property." | ||
;draft: A preliminary version of a document; an order prepared following judgment submitted to the court for its approval; to prepare, or ''draw,'' a legal document. | ;draft: A preliminary version of a document; an order prepared following judgment submitted to the court for its approval; to prepare, or ''draw,'' a legal document. | ||
;duress:Forcing someone to do something | ;duress:Forcing someone to do something through psychological or emotional pressure; a defence to the enforcement of a contract. If, for example, a separation agreement was entered into under duress, that may be a ground to dispute or set aside that agreement. | ||
;Durex:A brand of condom. See "child support." | ;Durex:A brand of condom. See "child support." | ||
;duty:In law, a legal obligation to do or not do something, whether under the common law or pursuant to legislation. | ;duty:In law, a legal obligation to do or not do something, whether under the common law or pursuant to legislation. | ||