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Difference between revisions of "Terminology"
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==O== | ==O== | ||
;oath:In law, a guarantee of the truth of a statement secured by one's faith in a god, and the prospect of torment in the afterlife in the event the promise is falsely made. Someone making an affidavit will often give their evidence in that affidavit under oath; a witness giving oral evidence will often give their evidence in court under oath. See "affidavit," "affirm," "perjury" and "witness." | ;oath:In law, a guarantee of the truth of a statement secured by one's faith in a god, and the prospect of torment in the afterlife in the event the promise is falsely made. Someone making an affidavit will often give their evidence in that affidavit under oath; a witness giving oral evidence will often give their evidence in court under oath. See "affidavit," "affirm," "perjury," and "witness." | ||
;obligation:A duty, whether contractual, moral or legal in origin, to do or not do something. See "duty." | ;obligation:A duty, whether contractual, moral, or legal in origin, to do or not do something. See "duty." | ||
;obstruction of justice:Doing a thing or not doing a thing with the intention or effect of hindering the proper administration of justice. See "contempt of court." | ;obstruction of justice:Doing a thing or not doing a thing with the intention or effect of hindering the proper administration of justice. See "contempt of court." | ||
;''Offence Act'':Provincial legislation that sets out the consequences for committing an offence under provincial laws, and the process by which a complaint that someone has committed a provincial offence is made and heard. | ;''Offence Act'':Provincial legislation that sets out the consequences for committing an offence under provincial laws, and the process by which a complaint that someone has committed a provincial offence is made and heard. | ||
;offer:In | ;offer:In contract law, the expression, either orally or in writing, of a willingness to be bound by a proposed agreement, contract, or settlement. See "offer to settle." | ||
;offer to settle:A proposal made by one party to the other, prior to the trial of a court proceeding (or its conclusion) or the hearing of an application, setting out the terms on which the party is prepared to settle the trial or application. Offers to settle can have important consequences with respect to costs if the offer is close to what the judge decides following trial, but must be clear and precise, and contain certain language required by the Supreme Court Family Rules. See "costs." | ;offer to settle:A proposal made by one party to the other, prior to the trial of a court proceeding (or its conclusion) or the hearing of an application, setting out the terms on which the party is prepared to settle the trial or application. Offers to settle can have important consequences with respect to costs if the offer is close to what the judge decides following trial, but must be clear and precise, and contain certain language required by the Supreme Court Family Rules. See "costs." | ||
;officer of the court:An official of the court, including court clerks, sheriffs, lawyers, and judges. | ;officer of the court:An official of the court, including court clerks, sheriffs, lawyers, and judges. | ||
;onus:The obligation of a party to prove their case; the burden of proof. The onus usually lies on the party who makes a claim, although in certain circumstances this burden is reversed, usually by operation of statute. | ;onus:The obligation of a party to prove their case; the burden of proof. The onus usually lies on the party who makes a claim, although in certain circumstances this burden is reversed, usually by operation of a statute. | ||
;omission:In law, a failure to do something, whether the failure was intentional or unintentional. | ;omission:In law, a failure to do something, whether the failure was intentional or unintentional. | ||
;opinion:In law, a lawyer's advice to their client; a lawyer's analysis of a legal problem; the views of an expert as to a matter at issue in an action. See "expert evidence" and "opinion evidence." | ;opinion:In law, a lawyer's advice to their client; a lawyer's analysis of a legal problem; the views of an expert as to a matter at issue in an action. See "expert evidence" and "opinion evidence." | ||
;opinion evidence: Evidence given orally at trial or in writing | ;opinion evidence: Evidence given orally at trial or in writing by affidavit concerning a witness' convictions, feelings, or views on something. Opinion evidence is inadmissible except when the opinion is offered by an expert on a subject within their expertise. See "affidavit," "evidence," "expert," and "witness." | ||
;order:A mandatory direction of the court, binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. See "appeal," "consent order," "decision" and "declaration." | ;order:A mandatory direction of the court, binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. See "appeal," "consent order," "decision," and "declaration." | ||
;ordinary service:Sending legal documents to a party at that party's "address for service," usually by mail, fax or email. 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." | ;ordinary service:Sending legal documents to a party at that party's "address for service," usually by mail, fax, or email. 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." | ||
;ownership:A legal right to have and use a thing that is enforceable in court. See "possession." | ;ownership:A legal right to have and use a thing that is enforceable in court. See "possession." | ||