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Difference between revisions of "Terminology"
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;binding:(1) In law, a requirement or obligation to honour and abide by something, such as a contract or order of the court. A judge's order is "binding" in the sense that it must be obeyed or a certain punishment will be imposed. (2) The principle that a higher court's decision on a point of law must be followed by a lower court. See "contempt of court" and "precedent." | ;binding:(1) In law, a requirement or obligation to honour and abide by something, such as a contract or order of the court. A judge's order is "binding" in the sense that it must be obeyed or a certain punishment will be imposed. (2) The principle that a higher court's decision on a point of law must be followed by a lower court. See "contempt of court" and "precedent." | ||
;''bona fide'':A Latin phrase meaning "in good faith." Doing something honestly and openly, without intending to mislead, deceive, or harm someone else. See "bad faith." | ;''bona fide'':A Latin phrase meaning "in good faith." Doing something honestly and openly, without intending to mislead, deceive, or harm someone else. See "bad faith." | ||
;book of authorities:A binder containg the case law that a party will rely on in making a legal argument. Each case is usually separated by numbered tabs to make it as easy as possible to find a particular case. | |||
;book of documents:A binder containing documents that a party will introduce into evidence at a trial or arbitration hearing. Each document is usually separated by numbered tabs to make it as easy as possible to find a particular document; it's also helpful to number the pages of each document. | |||
;breach of contract:Acting or not acting in a manner that is contrary to the terms of a contract. In family law, the breach of one party usually gives rise to a cause of action for the other party, allowing that party to sue for breach of contract, but the breach is unlikely to allow that party to treat the agreement as if it were cancelled or had been voided. | ;breach of contract:Acting or not acting in a manner that is contrary to the terms of a contract. In family law, the breach of one party usually gives rise to a cause of action for the other party, allowing that party to sue for breach of contract, but the breach is unlikely to allow that party to treat the agreement as if it were cancelled or had been voided. | ||
;brief:In law, (1) a written argument, or (2) a memorandum of law. A brief is usually presented to a judge as a summary of an argument or the law on a particular issue. Curiously, briefs are rarely brief. | ;brief:In law, (1) a written argument, or (2) a memorandum of law. A brief is usually presented to a judge as a summary of an argument or the law on a particular issue. Curiously, briefs are rarely brief. | ||
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==F== | ==F== | ||
;fair market value:A term describing the value of real property or personal property in terms of the amount a reasonable third party would pay for the property at its current location in its current condition. | |||
;family debt:A term under the ''Family Law Act'' referring to debt owed by either or both spouses that accumulated during the spouses' relationship, as well as after separation if used to maintain family property. Both spouses are presumed to be equally liable for family debt. | ;family debt:A term under the ''Family Law Act'' referring to debt owed by either or both spouses that accumulated during the spouses' relationship, as well as after separation if used to maintain family property. Both spouses are presumed to be equally liable for family debt. | ||
;family home:In family law, the dwelling occupied by a family as their primary residence. See "family property" and "real property." | ;family home:In family law, the dwelling occupied by a family as their primary residence. See "family property" and "real property." | ||
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;waive:To give up a right or entitlement, or the opportunity to assert a right or enforce an entitlement. See "release." | ;waive:To give up a right or entitlement, or the opportunity to assert a right or enforce an entitlement. See "release." | ||
;waste:In law, intentionally or unintentionally allowing the value of a piece of property to diminish through carelessness, neglect, or purposeful harm. | ;waste:In law, intentionally or unintentionally allowing the value of a piece of property to diminish through carelessness, neglect, or purposeful harm. | ||
;will-say statement:A written summary of the evidence a witness will give in their direct examination, often used in arbitration to shorten or eliminate the time required for the direct examination of the witness. | |||
;without prejudice:(1) In the context of negotiation or mediation, an arrangement that neither party will be able to use the content of the settlement discussions in a court proceeding. (2) In the context of litigation, an arrangement that a party's agreement to a certain order will not affect the legal rights of either party. (3) In the context of a settlement proposal, a stipulation that the contents of the proposal may not be shown to the court until the court proceeding has concluded. See "consent order," "mediation," "negotiation," "offer to settle" and "settlement." | ;without prejudice:(1) In the context of negotiation or mediation, an arrangement that neither party will be able to use the content of the settlement discussions in a court proceeding. (2) In the context of litigation, an arrangement that a party's agreement to a certain order will not affect the legal rights of either party. (3) In the context of a settlement proposal, a stipulation that the contents of the proposal may not be shown to the court until the court proceeding has concluded. See "consent order," "mediation," "negotiation," "offer to settle" and "settlement." | ||
;witness:A person with direct, personal knowledge of facts and events relevant to the issues before the court; a person giving oral evidence in court on oath or affirmation as to the truth of the evidence given. See "affirm," "evidence," "oath" and "opinion evidence." | ;witness:A person with direct, personal knowledge of facts and events relevant to the issues before the court; a person giving oral evidence in court on oath or affirmation as to the truth of the evidence given. See "affirm," "evidence," "oath" and "opinion evidence." | ||
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==Z== | ==Z== | ||
;zealous witness:A term used to describe a witness who displays an obviously partisan attitude favouring a specific party. | |||
;zygostates:In law, an officer appointed to resolve disagreements about the weight of money. | ;zygostates:In law, an officer appointed to resolve disagreements about the weight of money. | ||
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