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Difference between revisions of "Terminology"
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;applicant:A party who brings an application to the court for a specific order or remedy. Usually refers to the party making an interim application, but in the Provincial Court it also means the person who starts a court proceeding. See also "court proceeding," "application respondent," and "interim application." | ;applicant:A party who brings an application to the court for a specific order or remedy. Usually refers to the party making an interim application, but in the Provincial Court it also means the person who starts a court proceeding. See also "court proceeding," "application respondent," and "interim application." | ||
;application:A request to the court that it make a specific order, usually on an interim or temporary basis, also called a "chambers application" or a "motion." See also "interim application" and "relief." | ;application:A request to the court that it make a specific order, usually on an interim or temporary basis, also called a "chambers application" or a "motion." See also "interim application" and "relief." | ||
;Application to Obtain an Order:A legal document required by the Provincial Court Family Rules to start a court proceeding | ;Application to Obtain an Order:A legal document required by the Provincial Court Family Rules to start a court proceeding which sets out the relief sought by the applicant against the person named as respondent. See "action," "applicant," "pleadings," "relief," and "respondent." | ||
;application respondent:A party against whom an interim application has been brought. See also "applicant" and "interim application." | ;application respondent:A party against whom an interim application has been brought. See also "applicant" and "interim application." | ||
;Application Response:A legal document required by the Supreme Court Family Rules to reply to a Notice of Application, which sets out the relief agreed to and opposed by the application respondent and the facts in support of that position. See "interim application." | ;Application Response:A legal document required by the Supreme Court Family Rules to reply to a Notice of Application, which sets out the relief agreed to and opposed by the application respondent and the facts in support of that position. See "interim application." | ||
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;cross-examination:The portion of a trial where a party asks questions of a witness presented by the other party in order to challenge the witness’s recollection and truthfulness. The questions asked of the witness must be relevant to the issues and may be leading, that is, the questions may suggest their answers, such as "You didn't get home until 2:00am, did you?" See "examination-in-chief," "evidence," and "leading question." | ;cross-examination:The portion of a trial where a party asks questions of a witness presented by the other party in order to challenge the witness’s recollection and truthfulness. The questions asked of the witness must be relevant to the issues and may be leading, that is, the questions may suggest their answers, such as "You didn't get home until 2:00am, did you?" See "examination-in-chief," "evidence," and "leading question." | ||
;Crown:In law, the federal and provincial governments and their departments and agencies. Lawyers employed by the federal and provincial governments to prosecute criminal offences. | ;Crown:In law, the federal and provincial governments and their departments and agencies. Lawyers employed by the federal and provincial governments to prosecute criminal offences. | ||
;cruelty:In family law, the physical, verbal, emotional, or mental abuse of one married spouse by the other. Proof of cruelty is grounds for an immediate divorce, providing that the other spouse has not forgiven the | ;cruelty:In family law, the physical, verbal, emotional, or mental abuse of one married spouse by the other. Proof of cruelty is grounds for an immediate divorce, providing that the other spouse has not forgiven the cruelty. See "condonation" and "divorce, grounds of." | ||
;custody:In family law, an antiquated term used by the ''Divorce Act'' to describe the right to possess a child and make parenting decisions concerning the child's health, welfare, and upbringing. See "access." | ;custody:In family law, an antiquated term used by the ''Divorce Act'' to describe the right to possess a child and make parenting decisions concerning the child's health, welfare, and upbringing. See "access." | ||