Difference between revisions of "Terminology"

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Terminology (view source)

Revision as of 00:16, 22 February 2024

673 bytes added ,  22 February
master > associate judge - title change
(master > associate judge - title change)
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;assign:In law, to transfer an interest or right in something to someone else. People who go on welfare, for example, are required to assign their rights to apply for child support and spousal support to the provincial government.
;assign:In law, to transfer an interest or right in something to someone else. People who go on welfare, for example, are required to assign their rights to apply for child support and spousal support to the provincial government.
;assisted reproduction:(1) A means of conceiving a child other than by sexual intercourse, usually with medical or technological intervention, or (2) when someone requires help operating the photocopier.   
;assisted reproduction:(1) A means of conceiving a child other than by sexual intercourse, usually with medical or technological intervention, or (2) when someone requires help operating the photocopier.   
;associate judge:A provincially-appointed judicial official of the BC Supreme Court with limited jurisdiction, usually charged with making interim decisions before final judgment in a court proceeding, and certain decisions after final judgment, including the assessment of lawyers' bills and the settling of bills of cost. Until January 2024, associate judges were referred to as ''masters''. See "interim application," "judge" and "jurisdiction."
;attest:To swear or affirm something to be true, usually in the context of giving oral evidence or providing affidavit evidence.
;attest:To swear or affirm something to be true, usually in the context of giving oral evidence or providing affidavit evidence.
;award:A mandatory direction of an arbitrator, binding and enforceable upon the parties to an arbitration proceeding, made following the hearing of the arbitration trial proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to challenge or appeal the award in court. See "appeal," "arbitration," and "family law arbitrator."
;award:A mandatory direction of an arbitrator, binding and enforceable upon the parties to an arbitration proceeding, made following the hearing of the arbitration trial proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to challenge or appeal the award in court. See "appeal," "arbitration," and "family law arbitrator."
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;cause:In law, (2) a lawsuit, an action, or a cause of action, or (2) the wrongful act of another which gives rise to a claim for relief. See "action" and "cause of action."
;cause:In law, (2) a lawsuit, an action, or a cause of action, or (2) the wrongful act of another which gives rise to a claim for relief. See "action" and "cause of action."
;cause of action:The behaviour of a person that gives rise to a claim for relief. For example, a spouse's adultery might give rise to the other spouse's right to claim a divorce. The adulterous act is the cause of action for the divorce claim.
;cause of action:The behaviour of a person that gives rise to a claim for relief. For example, a spouse's adultery might give rise to the other spouse's right to claim a divorce. The adulterous act is the cause of action for the divorce claim.
;Certificate of Costs or Expenses:Often referred to as simply a ''Certificate of Costs'', this is a document endorsed by a master or registrar stating the amount owed as "costs" by one party to the other after a trial, usually issued following a hearing to settle the amount of the costs justly owed. It is a judgment of the Supreme Court and enforced like a judgment debt.
;Certificate of Costs or Expenses:Often referred to as simply a ''Certificate of Costs'', this is a document endorsed by an associate judge or registrar stating the amount owed as "costs" by one party to the other after a trial, usually issued following a hearing to settle the amount of the costs justly owed. It is a judgment of the Supreme Court and enforced like a judgment debt.
;Certificate of Fees:A document endorsed by a master or registrar stating the amount a client owes to their lawyer, issued following a hearing to "assess" or "tax" a lawyer's bill and determine what portion of the lawyer's bill was reasonable and is properly owed to or refundable by that lawyer. See "account."
;Certificate of Fees:A document endorsed by an associate judge or registrar stating the amount a client owes to their lawyer, issued following a hearing to "assess" or "tax" a lawyer's bill and determine what portion of the lawyer's bill was reasonable and is properly owed to or refundable by that lawyer. See "account."
;Certificate of Pending Litigation:Often referred to as a "CPL" for short, this is a document filed in the office of the Land Title and Survey Authority against the title of real property; formerly called a ''lis pendens''. When a CPL is filed, it warns others that the property is the subject of a court proceeding and that ownership of the property may change as a result. In family law, a CPL is used to protect the interest of a party in a piece of property by notifying potential purchasers or mortgagees about the court proceeding. See "clear title," "encumbrance," and "real property."
;Certificate of Pending Litigation:Often referred to as a "CPL" for short, this is a document filed in the office of the Land Title and Survey Authority against the title of real property; formerly called a ''lis pendens''. When a CPL is filed, it warns others that the property is the subject of a court proceeding and that ownership of the property may change as a result. In family law, a CPL is used to protect the interest of a party in a piece of property by notifying potential purchasers or mortgagees about the court proceeding. See "clear title," "encumbrance," and "real property."
;''Charter of Rights and Freedoms'':Also known as the ''Charter'', the part of the ''Constitution Act, 1982'' that sets out the fundamental rights and freedoms enjoyed by all Canadians, including the freedoms of religion and expression and the rights to life and liberty. Neither the federal nor the provincial governments may pass laws or act in ways contrary to the ''Charter''.
;''Charter of Rights and Freedoms'':Also known as the ''Charter'', the part of the ''Constitution Act, 1982'' that sets out the fundamental rights and freedoms enjoyed by all Canadians, including the freedoms of religion and expression and the rights to life and liberty. Neither the federal nor the provincial governments may pass laws or act in ways contrary to the ''Charter''.
;chambers:A type of hearing in the BC Supreme Court, where a judge or a master hears applications. Unlike trials, evidence is presented through affidavits instead of live witnesses, the proceedings are less formal (no one wears robes), and the result is often an interim order instead of a final order. Chambers can address procedural issues, but also interim orders dealing with parenting or support concerns, or other issues that come up before a family law trial is held.
;chambers:A type of hearing in the BC Supreme Court, where a judge or an associate judge hears applications. Unlike trials, evidence is presented through affidavits instead of live witnesses, the proceedings are less formal (no one wears robes), and the result is often an interim order instead of a final order. Chambers can address procedural issues, but also interim orders dealing with parenting or support concerns, or other issues that come up before a family law trial is held.
;chattel:Personal property; an item of property other than real estate. See "real property."
;chattel:Personal property; an item of property other than real estate. See "real property."
;child:A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority."
;child:A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority."
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;domicile:(1) The place where one has one’s permanent home, where one lives most of the time, or, sometimes, (2) the place where one ''intends'' to have a permanent home. A party's domicile may have an impact on the jurisdiction of the court to hear a court proceeding, deal with certain claims made in a court proceeding, or determine the applicable law for dividing up property and debt. See "jurisdiction" and "residence."
;domicile:(1) The place where one has one’s permanent home, where one lives most of the time, or, sometimes, (2) the place where one ''intends'' to have a permanent home. A party's domicile may have an impact on the jurisdiction of the court to hear a court proceeding, deal with certain claims made in a court proceeding, or determine the applicable law for dividing up property and debt. See "jurisdiction" and "residence."
;donee:A person who receives a gift or bequest.
;donee:A person who receives a gift or bequest.
;donor:A person who gives a gift or bequest to someome, freely and without expectation of payment in return.
;donor:A person who gives a gift or bequest to someone, freely and without expectation of payment in return.
;dower:The entitlement of a wife to a portion of her husband’s estate on his death under the common law. This right is extinguished in British Columbia and is replaced by the provisions of the ''Wills, Estates and Succession Act'' that give a surviving spouse certain rights to share in the estate of the deceased spouse.
;dower:The entitlement of a wife to a portion of her husband’s estate on his death under the common law. This right is extinguished in British Columbia and is replaced by the provisions of the ''Wills, Estates and Succession Act'' that give a surviving spouse certain rights to share in the estate of the deceased spouse.
;dowry:In some legal systems, (1) the real property and personal property brought into a marriage by a wife, or (2) the property given to a wife by her husband in return for her marriage to him. There is no legal entitlement to dowry in Canada, agreements for the payment of dowry will not normally be enforceable. See "chattels" and "real property."
;dowry:In some legal systems, (1) the real property and personal property brought into a marriage by a wife, or (2) the property given to a wife by her husband in return for her marriage to him. There is no legal entitlement to dowry in Canada, agreements for the payment of dowry will not normally be enforceable. See "chattels" and "real property."
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;''Marriage (Prohibited Degrees) Act'':Federal legislation that describes the degrees of relatedness within which persons cannot marry.
;''Marriage (Prohibited Degrees) Act'':Federal legislation that describes the degrees of relatedness within which persons cannot marry.
;married spouse:A person who is validly married to another person as a result of a ceremony presided over by someone with the authority to conduct marriages. See "marriage" and "unmarried spouse."
;married spouse:A person who is validly married to another person as a result of a ceremony presided over by someone with the authority to conduct marriages. See "marriage" and "unmarried spouse."
;master:A provincially-appointed judicial official with limited jurisdiction, usually charged with making interim decisions before final judgment in a court proceeding, and certain decisions after final judgment, including the assessment of lawyers' bills and the settling of bills of cost. See "interim application," "judge" and "jurisdiction."
;master:Since January 2024, these provincially-appointed judicial officials of the BC Supreme Court are now called ''associate judges''. They serve a similar role as justices of the BC Supreme Court, but have limited jurisdiction. Associate judges are usually charged with making interim decisions before final judgment in a court proceeding, and certain decisions after final judgment, including the assessment of lawyers' bills and the settling of bills of cost. See "interim application," "judge" and "jurisdiction."
;material:In law, something that is relevant or important. A material fact, for example, is a fact relevant to a claim or a defence to a claim. See "claim," "evidence" and "fact."
;material:In law, something that is relevant or important. A material fact, for example, is a fact relevant to a claim or a defence to a claim. See "claim," "evidence" and "fact."
;matrimonial home:In family law, the dwelling occupied by a family as their primary residence. See "family property" and "real property."
;matrimonial home:In family law, the dwelling occupied by a family as their primary residence. See "family property" and "real property."
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;peace officer:A person having a duty to enforce the law as a result of their position or employment, including municipal police officers as well as RCMP officers, sheriffs, customs officers and mayors, among others.
;peace officer:A person having a duty to enforce the law as a result of their position or employment, including municipal police officers as well as RCMP officers, sheriffs, customs officers and mayors, among others.
;pecuniary:Relating to money, which is exactly what someone who is "impecunious" doesn't have a great deal of. See "indigent."
;pecuniary:Relating to money, which is exactly what someone who is "impecunious" doesn't have a great deal of. See "indigent."
;peremptory:Something which is fixed, mandatory, or absolute. A judge, master, or arbitrator might order that a hearing date be "peremptory on the respondent", for example, if the respondent is missing timelines, asking for late adjournments, or otherwise delaying steps in litigation in a way that risks (or has already resulted in) the court and the other parties wasting time and costs. A peremptory hearing date is a date on which a hearing will proceed without any further excuses, adjournments, or delay. An order that an April be adjourned to July on the condition that the new date be ''peremptory'' on a party will make it very hard for that party to request a further delay without convincing the judge that they are not trying to manipulate the system by orchestrating another delay.
;peremptory:Something which is fixed, mandatory, or absolute. A judge, associate judge, or arbitrator might order that a hearing date be "peremptory on the respondent", for example, if the respondent is missing timelines, asking for late adjournments, or otherwise delaying steps in litigation in a way that risks (or has already resulted in) the court and the other parties wasting time and costs. A peremptory hearing date is a date on which a hearing will proceed without any further excuses, adjournments, or delay. An order that an April court date be adjourned to July on the condition that the new date be ''peremptory'' on a party will make it very hard for that party to request a further delay without convincing the judge that they are not trying to manipulate the system by orchestrating another delay.
;perfected:In contract law, finished, legally complete, and enforceable; executed. A "perfected" agreement is one that has been dated and signed by all parties in the presence of one or more witnesses.
;perfected:In contract law, finished, legally complete, and enforceable; executed. A "perfected" agreement is one that has been dated and signed by all parties in the presence of one or more witnesses.
;performance:In contract law, the fulfillment of an obligation or duty arising from a contract.
;performance:In contract law, the fulfillment of an obligation or duty arising from a contract.
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