Difference between revisions of "Terminology"

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Terminology (view source)

Revision as of 19:12, 30 July 2019

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;bench:In law, the court; judges as a group; the place where a judge sits in a courtroom.
;bench:In law, the court; judges as a group; the place where a judge sits in a courtroom.
;beneficiary:A person for whom a trustee holds a trust; the recipient or intended recipient of property given in a will. See "heir" and "trust."
;beneficiary:A person for whom a trustee holds a trust; the recipient or intended recipient of property given in a will. See "heir" and "trust."
;bigamy:The act of going through a form of marriage ceremony with one person while being already married to someone else, or with a person who is already married to someone else. This is a criminal offence in Canada, under s. 290 of the ''Criminal Code'', although one that is rarely, if ever, enforced. Bigamous marriages, marriages subsequent to the first, are void ''ab initio''. See "ab initio," "marriage, validity of," and "polygamy."
;bigamy:The act of going through a form of marriage ceremony with one person while being already married to someone else, or with a person who is already married to someone else. This is a criminal offence in Canada, under section 290 of the ''Criminal Code'', although one that is rarely, if ever, enforced. Bigamous marriages, marriages subsequent to the first, are void ''ab initio''. See "ab initio," "marriage, validity of," and "polygamy."
;bill:In law, a piece of draft legislation presented to the legislature for its approval; a lawyer's statement of account for services rendered to their client. See "account," "act," and "lawyer's fees."
;bill:In law, a piece of draft legislation presented to the legislature for its approval; a lawyer's statement of account for services rendered to their client. See "account," "act," and "lawyer's fees."
;bill of costs:In British Columbia, an account prepared by the party who is awarded their costs of an action or application and which is presented to the other party for payment. A bill of costs is prepared according to a formula set out in the Supreme Court Family Rules.
;bill of costs:In British Columbia, an account prepared by the party who is awarded their costs of an action or application and which is presented to the other party for payment. A bill of costs is prepared according to a formula set out in the Supreme Court Family Rules.
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;platypus:A duck-billed egg-laying aquatic mammal, the males of which are venomous.
;platypus:A duck-billed egg-laying aquatic mammal, the males of which are venomous.
;pleading:A legal document setting out either a claim or a defence to a claim prepared at or following the start of a court proceeding. In the Provincial Court, the pleadings are the Application to Obtain an Order and Reply. In the Supreme Court, the pleadings include the Notice of Family Claim, Response to Family Claim, Counterclaim, Petition, and Response to Petition. See "action," "claim," and "Counterclaim."
;pleading:A legal document setting out either a claim or a defence to a claim prepared at or following the start of a court proceeding. In the Provincial Court, the pleadings are the Application to Obtain an Order and Reply. In the Supreme Court, the pleadings include the Notice of Family Claim, Response to Family Claim, Counterclaim, Petition, and Response to Petition. See "action," "claim," and "Counterclaim."
;polygamy:The act of going through a marriage ceremony or performing a marriage ceremony between three or more persons or with a person who is already married to more than two other persons. This is a criminal offence in Canada, under s. 293 of the ''Criminal Code'', although one that is rarely enforced. All marriages subsequent to the first valid, subsisting marriage are void ''ab initio''. See "ab initio," "bigamy," and "marriage, validity of."
;polygamy:The act of going through a marriage ceremony or performing a marriage ceremony between three or more persons or with a person who is already married to more than two other persons. This is a criminal offence in Canada, under section 293 of the ''Criminal Code'', although one that is rarely enforced. All marriages subsequent to the first valid, subsisting marriage are void ''ab initio''. See "ab initio," "bigamy," and "marriage, validity of."
;possession:In law, the right to have the control and use of a thing. One can have a right to the possession of a thing without owning it, as in the case of a car lease, or ownership without possession, as in the case of a landlord who rents an apartment suite. See "ownership."
;possession:In law, the right to have the control and use of a thing. One can have a right to the possession of a thing without owning it, as in the case of a car lease, or ownership without possession, as in the case of a landlord who rents an apartment suite. See "ownership."
;preamble:An introductory statement in legislation, an order, or an agreement, usually describing the purpose of the legislation or the parties to the order or agreement. Preambles are normally used to provide a guide to the interpretation of the rest of the document. See "act" and "family law agreements."
;preamble:An introductory statement in legislation, an order, or an agreement, usually describing the purpose of the legislation or the parties to the order or agreement. Preambles are normally used to provide a guide to the interpretation of the rest of the document. See "act" and "family law agreements."
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;sale:An agreement to transfer the ownership of property from one person to another in exchange for the reciprocal transfer of something else, usually money. See "agreement."
;sale:An agreement to transfer the ownership of property from one person to another in exchange for the reciprocal transfer of something else, usually money. See "agreement."
;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.
;section 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."
;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: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."
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