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Difference between revisions of "Terminology"
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;indigent:Being flat broke. Persons with limited or no income used to apply to the Supreme Court and Court of Appeal for ''indigent status'', which exempts them from paying the usual court fees for all or a part of a court proceeding. The terms ''indigent'' or ''impoverished'' are no longer used. The Rules for both the Supreme Court and Court of Appeal now refer to applications that fees are waived or not payable. | ;indigent:Being flat broke. Persons with limited or no income used to apply to the Supreme Court and Court of Appeal for ''indigent status'', which exempts them from paying the usual court fees for all or a part of a court proceeding. The terms ''indigent'' or ''impoverished'' are no longer used. The Rules for both the Supreme Court and Court of Appeal now refer to applications that fees are waived or not payable. | ||
;infant:A person not yet of the age of majority, a minor, a child. See "age of majority," "child," and "disability." | ;infant:A person not yet of the age of majority, a minor, a child. See "age of majority," "child," and "disability." | ||
;''Infants Act'':Provincial legislation that governs the legal capacity of minors and contracts involving minors. See "age of majority," "child," and "disability." | ;''Infants Act'':Provincial legislation that governs both the legal capacity of minors and contracts involving minors. See "age of majority," "child," and "disability." | ||
;inheritance:Real property or personal property received as a result of the provisions of a will or the ''Wills, Estates and Succession Act''. Inheritances do not usually qualify as family property subject to division between spouses. See "family property," "real property" and "will." | ;inheritance:Real property or personal property received as a result of the provisions of a will or the ''Wills, Estates and Succession Act''. Inheritances do not usually qualify as family property subject to division between spouses. See "family property," "real property," and "will." | ||
;injunction:A court order that someone not do or cease doing a thing; a restraining order. In family law, injunctions are often sought, for example, to stop someone from removing the children from a place, from disposing of assets or from harassing someone. See "application" and "ex parte." | ;injunction:A court order that someone not do or cease doing a thing; a restraining order. In family law, injunctions are often sought, for example, to stop someone from removing the children from a place, from disposing of assets, or from harassing someone. See "application" and "ex parte." | ||
;''in loco parentis'':A Latin phrase meaning "in the place of a parent." Acting as a parent in the place of the child’s natural parent or intending to stand in the place of that parent. A married spouse found to be ''in loco parentis'' to a child may be responsible to pay child support for that child under the ''Divorce Act''. See "natural parent" and "stepparent." | ;''in loco parentis'':A Latin phrase meaning "in the place of a parent." Acting as a parent in the place of the child’s natural parent or intending to stand in the place of that parent. A married spouse found to be ''in loco parentis'' to a child may be responsible to pay child support for that child under the ''Divorce Act''. See "natural parent" and "stepparent." | ||
;''in personam'':A Latin phrase meaning "against the person." Refers to a right or an order made against a person rather than in reference to a thing. | ;''in personam'':A Latin phrase meaning "against the person." Refers to a right or an order made against a person rather than in reference to a thing. | ||
;''in rem'':A Latin phrase meaning "against the thing." Refers to a right or an order made in reference to objects or property rather than against a person. | ;''in rem'':A Latin phrase meaning "against the thing." Refers to a right or an order made in reference to objects or property rather than against a person. | ||
;inspection of documents:The right of a party to a court proceeding to look at and copy documents held by the other party that relate to any matters at issue in the proceeding; part of the discovery and production process. See "disclosure" and "discovery." | ;inspection of documents:The right of a party to a court proceeding to look at and copy documents held by the other party that relate to any matters at issue in the proceeding; part of the discovery and production process. See "disclosure" and "discovery." | ||
;instructions:In law, the directions given by a client to their lawyer about the conduct of their affairs or | ;instructions:In law, the directions given by a client to their lawyer about either the conduct of their affairs or a court proceeding. | ||
;instrument:In law, a legal document that sets out certain rights and obligations, or records certain facts or entitlements to certain benefits and obligations, such as a contract, a waiver and a will. See "family law agreements" and "will." | ;instrument:In law, a legal document that sets out certain rights and obligations, or records certain facts or entitlements to certain benefits and obligations, such as a contract, a waiver, and a will. See "family law agreements" and "will." | ||
;''inter alia'':A Latin phrase meaning "among other things." For example, "The Brady Bunch children included, ''inter alia'', Cindy, Jan and Bobby." | ;''inter alia'':A Latin phrase meaning "among other things." For example, "The Brady Bunch children included, ''inter alia'', Cindy, Jan, and Bobby." | ||
;interim application:An application, also called | ;interim application:An application, also called an "interlocutory application," made after the start of a court proceeding but before its conclusion, usually for temporary relief pending the final resolution of the proceeding at trial or by settlement. In family law, interim applications are useful to determine issues like where the children will live, who will pay child support, and whether spousal support should be paid on a rough and ready basis. See "application" and "interim order." | ||
;interim order:Any order made prior to the final resolution of a court proceeding by trial or by settlement; a temporary, rather than permanent or final order. See "application" and "interim application." | ;interim order:Any order made prior to the final resolution of a court proceeding by trial or by settlement; a temporary, rather than permanent or final, order. See "application" and "interim application." | ||
;interlocutory:Literally, “between speakings;” refers to interim applications brought after the start of a court proceeding but before its conclusion. See "interim application" and "interim order." | ;interlocutory:Literally, “between speakings;” refers to interim applications brought after the start of a court proceeding but before its conclusion. See "interim application" and "interim order." | ||
;interrogatories:Written questions given by one party to a court proceeding to the other that must be answered on the party's affirmation or oath in affidavit form; part of the discovery process. See "discovery." | ;interrogatories:Written questions given by one party to a court proceeding to the other that must be answered on the party's affirmation or oath in affidavit form; part of the discovery process. See "discovery." | ||
;intestate:Dying without a will. In such circumstances, the distribution of the dead person’s estate is governed by the ''Wills, Estates and Succession Act''. See also "estate," "inheritance" and "will." | ;intestate:Dying without a will. In such circumstances, the distribution of the dead person’s estate is governed by the ''Wills, Estates and Succession Act''. See also "estate," "inheritance," and "will." | ||
;in the alternative: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. See "alternative," "motion," "pleadings" and "relief." | ;in the alternative: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. See "alternative," "motion," "pleadings," and "relief." | ||
;in trust:A phrase describing how property is held by one person for the benefit of another person who is ultimately entitled to the use or proceeds of sale of that property. Money held ''in trust'' is held in a lawyer's bank account on the lawyer’s promise not to use that money except as may be agreed. | ;in trust:A phrase describing how property is held by one person for the benefit of another person who is ultimately entitled to the use or proceeds of sale of that property. Money held ''in trust'' is held in a lawyer's bank account on the lawyer’s promise not to use that money except as may be agreed. | ||
;''in utero'':A Latin phrase meaning "in the womb." Used in reference to fetuses. | ;''in utero'':A Latin phrase meaning "in the womb." Used in reference to fetuses. | ||