Difference between revisions of "Terminology"

;s. 7 expenses:Section 7 of the ''Child Support Guidelines'' deals with "special and/or extraordinary expenses". These are often referred to as "section 7 expenses," and are paid in addition to the "basic child support" amount. Basic child support does not always include infrequent but expensive costs related to children, such as the cost of daycare or orthodontic work. In addition to the basic amount of support payable, the parents may also be required to cover their respective portions of these other expenses, so long as they qualify as special and/or extraordinary expenses under the Guidelines.

;self-represented litigant:A party to a court proceeding who is not represented by a lawyer and acts on their own behalf; a lay litigant, a ''pro se'' litigant. See "action," "lawyer," and "litigant."

;separation:In family law, the decision of one or both parties to terminate a married or unmarried relationship; the act of one person leaving the family home to live somewhere else with the intention of terminating the relationship. There is no such thing as a "legal separation." In general, one separates by simply moving out; however, it is possible to be separated but still live under the same roof. See "divorce, grounds of."

;separation agreement:A contract intended to resolve all or some of the legal issues arising from the breakdown of a relationship and intended to guide the parties in their dealings with one another thereafter. A typical separation agreement is signed following a settlement reached through negotiations, and deals with issues including guardianship, parenting arrangements, contact, support, the division of property, and the division of debt. See "family law agreements."

;service:In law, to formally deliver documents to a person in a manner that complies with the applicable rules of court. Service may be ordinary (mailed or delivered to a litigant's address for service), personal (hand-delivered to a person), or substituted (performed in a way other than the rules normally require). See "address for delivery," "ordinary service," "personal service," and "substituted service."

;service ''ex juris'':A Latin phrase meaning service "out of the jurisdiction;" refers to service of legal documents on someone living outside of British Columbia in the manner required by the rules of court or a court order. See "personal service."

;settlement:A resolution of one or more issues in a court proceeding or legal dispute with the agreement of the parties to the proceeding or dispute, usually recorded in a written agreement or in an order that all parties agree the court should make. A court proceeding can be settled at any time before the conclusion of trial. See "action," "consent order," "family law agreements," and "offer."

;shared custody:A term used by the Child Support Guidelines to describe circumstances in which a child's time is shared equally or almost-equally between their parents or guardians, often resulting in an amount of support that is different than the table amount. See "child support," "Child Support Guidelines," and "table amount."

;split custody:A term used by the Child Support Guidelines to describe circumstances in which one or more children live most of the time with each parent or guardian, resulting in an amount of support that is different than the table amount. See "child support," "Child Support Guidelines," and "table amount."

;Spousal Support Advisory Guidelines:An academic paper released by the Department of Justice that describes a variety of mathematical formulas that can be applied to determine how much spousal support should be paid and how long spousal support should be paid for, once a spouse is found to be entitled to receive support. The Advisory Guidelines is not a law, but is nonetheless very useful.

;statutory declaration:A written statement made on affirmation or oath pursuant to the requirements of a particular piece of legislation. See "act," "affidavit," "affirm," and "oath."

;subpoena:A legal document, issued by a court or by a party pursuant to the rules of court, which compels a person to attend court to give evidence as a witness, and, sometimes, to produce a specific document. Failure to obey a subpoena may constitute contempt of court. See "contempt of court," "evidence," and "witness."

;Supreme Court:Normally referred to as the "Supreme Court of British Columbia," this court hears most court proceedings in this province. The Supreme Court is a court of inherent jurisdiction and is subject to no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court," and "Supreme Court of Canada."