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Difference between revisions of "Terminology"
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;real property:A parcel of land and the buildings on that land. See "chattel," "ownership" and "possession." | ;real property:A parcel of land and the buildings on that land. See "chattel," "ownership," and "possession." | ||
;reapportion:In family law, the unequal division of family property or family debt between spouses. See "apportion," "family debt," and "family property." | ;reapportion:In family law, the unequal division of family property or family debt between spouses. See "apportion," "family debt," and "family property." | ||
;rebut:In law, to reply to an argument, a statement of fact or a legal presumption by presenting argument or evidence to the contrary, or evidence which tends to disturb a presumption. | ;rebut:In law, to reply to an argument, a statement of fact, or a legal presumption by presenting argument or evidence to the contrary, or evidence which tends to disturb a presumption. | ||
;reconciliation:In family law, the resumption of cohabitation between married spouses or unmarried spouses with the intention of salvaging their relationship and making another go of it. See "separation." | ;reconciliation:In family law, the resumption of cohabitation between married spouses or unmarried spouses with the intention of salvaging their relationship and making another go of it. See "separation." | ||
;registrar:An officer of the court with the power to make certain decisions, including the settlement of a lawyer’s bill, a party's costs of a court proceeding and settling the form of an order. An officer of the court charged with the responsibility of reviewing and approving certain documents submitted to the court, such as pleadings. See "jurisdiction" and "pleadings." | ;registrar:An officer of the court with the power to make certain decisions, including the settlement of a lawyer’s bill, a party's costs of a court proceeding, and settling the form of an order. An officer of the court charged with the responsibility of reviewing and approving certain documents submitted to the court, such as pleadings. See "jurisdiction" and "pleadings." | ||
;registry:A central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched and reviewed; a courthouse. | ;registry:A central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched, and reviewed; a courthouse. | ||
;regulations:A kind of legislation that provides supplemental rules for a particular act. Regulations are created and amended by the government, not by the legislature, and as a result the legislature has no right to a say in how or what regulations are imposed by government. See "act." | ;regulations:A kind of legislation that provides supplemental rules for a particular act. Regulations are created and amended by the government, not by the legislature, and as a result the legislature has no right to a say in how or what regulations are imposed by government. See "act." | ||
;rehearing:A reconsideration or retrial of a court proceeding or an application, sometimes based on the evidence which was presented at the first hearing or trial, sometimes based on new evidence. See "action," "application," "de novo" and "hearing." | ;rehearing:A reconsideration or retrial of a court proceeding or an application, sometimes based on the evidence which was presented at the first hearing or trial, sometimes based on new evidence. See "action," "application," "de novo," and "hearing." | ||
;release:In family law, a legal document in which a person gives up a right or a claim, or the entitlement to enforce a right or advance a claim; a waiver. Releases are usually signed following the settlement of a court proceeding or legal dispute. See "action" and "claim." | ;release:In family law, a legal document in which a person gives up a right or a claim, or the entitlement to enforce a right or advance a claim; a waiver. Releases are usually signed following the settlement of a court proceeding or legal dispute. See "action" and "claim." | ||
;relief:In law, an order sought by a party to a court proceeding or application, usually as described in their pleadings. Where more than one order or type of order is sought, each order sought is called a "head of relief." See "action," "application" and "pleadings." | ;relief:In law, an order sought by a party to a court proceeding or application, usually as described in their pleadings. Where more than one order or type of order is sought, each order sought is called a "head of relief." See "action," "application," and "pleadings." | ||
;reply:In law, an answer or rebuttal to a claim made or a defence raised by the other party to court proceeding or legal dispute. See "action," "claim," "defence" and "rebut." | ;reply:In law, an answer or rebuttal to a claim made or a defence raised by the other party to a court proceeding or legal dispute. See "action," "claim," "defence," and "rebut." | ||
;Reply:A legal document required by the Provincial Court Family Rules to respond to a claim made in an applicant's Application to Obtain an Order. See "applicant," "Application to Obtain an Order," "claim," and "Counterclaim." | ;Reply:A legal document required by the Provincial Court Family Rules to respond to a claim made in an applicant's Application to Obtain an Order. See "applicant," "Application to Obtain an Order," "claim," and "Counterclaim." | ||
;representation:In | ;representation:In contract law, a promise made by someone about a certain state of affairs, like "the plumbing was replaced last year" or "I had a vasectomy two years ago." See "misrepresentation." | ||
;rescind:To terminate or revoke a contract or agreement. See "contract" and "family law agreements." | ;rescind:To terminate or revoke a contract or agreement. See "contract" and "family law agreements." | ||
;residence:The geographic place where a person permanently lives. This is different from a person's "domicile" in that a person's residence is more fixed and less changeable in nature. A person's residence can also have an impact on a court's authority to hear and decide a legal action. See "domicile" and "jurisdiction." | ;residence:The geographic place where a person permanently lives. This is different from a person's "domicile" in that a person's residence is more fixed and less changeable in nature. A person's residence can also have an impact on a court's authority to hear and decide a legal action. See "domicile" and "jurisdiction." | ||
;''res judicata'':A Latin phrase meaning "a thing decided." A final order, unlike an interim order, permanently concludes a legal dispute and usually a court proceeding, unless it is appealed; the final order makes the legal issues raised in the proceeding ''res judicata''. See "appeal" and "final order." | ;''res judicata'':A Latin phrase meaning "a thing decided." A final order, unlike an interim order, permanently concludes a legal dispute and usually a court proceeding, unless it is appealed; the final order makes the legal issues raised in the proceeding ''res judicata''. See "appeal" and "final order." | ||
;Response to Family Claim: A legal document required by the Supreme Court Family Rules in which the respondent to a court proceeding sets out their reply to the claimant's claim and the grounds for their reply. See "action," claim," "Notice of Family Claim" and "pleadings." | ;Response to Family Claim: A legal document required by the Supreme Court Family Rules in which the respondent to a court proceeding sets out their reply to the claimant's claim and the grounds for their reply. See "action," claim," "Notice of Family Claim," and "pleadings." | ||
;respondent:The person against whom a claim has been brought by Notice of Family Claim. See “application” and “Notice of Family Claim." | ;respondent:The person against whom a claim has been brought by Notice of Family Claim. See “application” and “Notice of Family Claim." | ||
;restraining order:An order which forbids a party from doing or not doing a thing. In family law, common restraining orders include stopping someone from travelling out of an area with the children, stopping someone from disposing of property, and stopping someone from harassing someone else. See "ex parte," "order" and "protection order." | ;restraining order:An order which forbids a party from doing or not doing a thing. In family law, common restraining orders include stopping someone from travelling out of an area with the children, stopping someone from disposing of property, and stopping someone from harassing someone else. See "ex parte," "order," and "protection order." | ||
;resulting trust:In family law, the finding by a court that a party holds all or a part of | ;resulting trust:In family law, the finding by a court that a party holds all or a part of their property in trust for someone else as a result of the parties' intention to make a trust; a trust relationship inferred by operation of law. See "constructive trust" and "trust." | ||
;retainer:The act of hiring of lawyer; the money paid | ;retainer:The act of hiring of lawyer; the money paid to a lawyer to secure their services; the terms and extent of a lawyer's services on behalf of a client. | ||
;reversal:In law, usually refers to a decision of an appeal court overturning the decision of a lower court on a particular issue. The lower court's decision is said to have been "reversed on appeal." See "appeal" and "common law." | ;reversal:In law, usually refers to a decision of an appeal court overturning the decision of a lower court on a particular issue. The lower court's decision is said to have been "reversed on appeal." See "appeal" and "common law." | ||
;review:In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support." | ;review:In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order," and "spousal support." | ||
;right of action:A right to claim relief resulting from a person's behaviour. For example, a spouse's adultery may give rise to a right of action allowing the other spouse to sue for a divorce order. | ;right of action:A right to claim relief resulting from a person's behaviour. For example, a spouse's adultery may give rise to a right of action allowing the other spouse to sue for a divorce order. | ||
;rules of court:The guidelines governing the court process and the conduct of litigation generally. Each court has its own rules of court. | ;rules of court:The guidelines governing the court process and the conduct of litigation generally. Each court has its own rules of court. | ||
==S== | ==S== | ||