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Difference between revisions of "Terminology"
From Clicklaw Wikibooks
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;decision:In law, a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application; a judgment; the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as his or her findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law," and "findings of fact." | ;decision:In law, a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application; a judgment; the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as his or her findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law," and "findings of fact." | ||
;declaration:In law, a pronouncement of the court about a fact or a state of affairs, such as a declaration that a marriage is void or that a person is the guardian of a child. Not to be confused with an order, which is a mandatory direction of the court requiring a party to do or not do something. See "order." | ;declaration:In law, a pronouncement of the court about a fact or a state of affairs, such as a declaration that a marriage is void or that a person is the guardian of a child. Not to be confused with an order, which is a mandatory direction of the court requiring a party to do or not do something. See "order." | ||
;deem:To make an assumption that one thing follows logically from another; a presumption of a fact based on other facts. Sometimes, a presumption of a fact required by law, such as the presumption that a | ;deem:To make an assumption that one thing follows logically from another; a presumption of a fact based on other facts. Sometimes, a presumption of a fact required by law, such as the presumption that a respondent who files a Response to Family Claim is presumed to have been served with the Notice of Family Claim. | ||
;''de facto'':A Latin phrase meaning "in fact." | ;''de facto'':A Latin phrase meaning "in fact." | ||
;default:In law, failing to do something which is either optional or mandatory, such as failing to respond to an application or to a claim within the time limits set out in the rules of court. See "default judgment. " | ;default:In law, failing to do something which is either optional or mandatory, such as failing to respond to an application or to a claim within the time limits set out in the rules of court. See "default judgment. " | ||
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;disbar:To strip a lawyer of his or her right to practice law, usually after a formal inquiry by the Law Society. | ;disbar:To strip a lawyer of his or her right to practice law, usually after a formal inquiry by the Law Society. | ||
;disclosure:A step in a court proceeding in which each party advises the other of the documents in his or her possession which relate to the issues in the court proceeding and produces copies of any requested documents before trial. This process is regulated by the rules of court, which put each party under an ongoing obligation to continue to advise the other of new documents coming into their possession or control. The purpose of this step is to encourage the settlement of court proceedings and to prevent a party from springing new evidence on the other party at trial. | ;disclosure:A step in a court proceeding in which each party advises the other of the documents in his or her possession which relate to the issues in the court proceeding and produces copies of any requested documents before trial. This process is regulated by the rules of court, which put each party under an ongoing obligation to continue to advise the other of new documents coming into their possession or control. The purpose of this step is to encourage the settlement of court proceedings and to prevent a party from springing new evidence on the other party at trial. | ||
;discontinuance:The termination of a claim by the | ;discontinuance:The termination of a claim by the claimant or the termination of a counterclaim by a respondent. The discontinuance of a claim indicates the party's intention not to proceed with his or her claim. See "action" and "Counterclaim." | ||
;discovery:A step in a court proceeding in which a party is entitled to demand that the other produce requested documents and submit to a cross-examination on oath or affirmation outside of court before trial. This process is regulated by the rules of court. The purpose of this step is to encourage the settlement of court proceedings and to make sure that each party knows what the other party's case will be trial. See "examination for discovery." | ;discovery:A step in a court proceeding in which a party is entitled to demand that the other produce requested documents and submit to a cross-examination on oath or affirmation outside of court before trial. This process is regulated by the rules of court. The purpose of this step is to encourage the settlement of court proceedings and to make sure that each party knows what the other party's case will be trial. See "examination for discovery." | ||
;dismiss: In law, a judge’s decision not to grant a claim or to reject a court proceeding with or without trial. An application that is ''dismissed'' has been rejected by the judge. See "application." | ;dismiss: In law, a judge’s decision not to grant a claim or to reject a court proceeding with or without trial. An application that is ''dismissed'' has been rejected by the judge. See "application." | ||
