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Difference between revisions of "Terminology"
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;''male fides'':A Latin phrase meaning “in bad faith." Intentionally misleading someone else, whether by doing or not doing something; acting in a manner contrary to one's actual intention; failing to act honestly and openly. See "good faith." | ;''male fides'':A Latin phrase meaning “in bad faith." Intentionally misleading someone else, whether by doing or not doing something; acting in a manner contrary to one's actual intention; failing to act honestly and openly. See "good faith." | ||
;malfeasance:Doing an act that is wrongful or unlawful by operation of law. A "malfeasor" is a person who has committed a wrongful or unlawful act. See "unlawful." | ;malfeasance:Doing an act that is wrongful or unlawful by operation of law. A "malfeasor" is a person who has committed a wrongful or unlawful act. See "unlawful." | ||
;marriage:A legal relationship between two persons, whether of the same or opposite genders, that is solemnized by a marriage commissioner or licenced religious official and gives rise to certain mutual rights, benefits and obligations. See also "conjugal rights," "consortium" and "marriage, validity of." | ;marriage:A legal relationship between two persons, whether of the same or opposite genders, that is solemnized by a marriage commissioner or licenced religious official and gives rise to certain mutual rights, benefits, and obligations. See also "conjugal rights," "consortium," and "marriage, validity of." | ||
;marriage, validity of:For a marriage to be valid, the spouses must be unmarried at the time of the marriage, not within the prohibited degrees of consanguinity and capable of understanding the meaning of marriage, and the marriage must be performed by a person entitled to solemnize marriage in the jurisdiction where the marriage is performed under the laws of that jurisdiction. See "age of majority," "bigamy," "consanguinity" and "disability." | ;marriage, validity of:For a marriage to be valid, the spouses must be unmarried at the time of the marriage, not within the prohibited degrees of consanguinity, and capable of understanding the meaning of marriage, and the marriage must be performed by a person entitled to solemnize marriage in the jurisdiction where the marriage is performed under the laws of that jurisdiction. See "age of majority," "bigamy," "consanguinity," and "disability." | ||
;''Marriage Act'':Provincial legislation that governs the capacity to marry and the formalities of the marriage ceremony. | ;''Marriage Act'':Provincial legislation that governs the capacity to marry and the formalities of the marriage ceremony. | ||
;marriage agreement:An agreement signed by people who are planning on marrying or have married that is intended to govern their rights and obligations in the event of the breakdown of their marriage and, sometimes, their rights and obligations during their marriage. See "family law agreement." | ;marriage agreement:An agreement signed by people who are planning on marrying or have married that is intended to govern their rights and obligations in the event of the breakdown of their marriage and, sometimes, their rights and obligations during their marriage. See "family law agreement." | ||
;marriage-like relationship:In family law, the quality of an unmarried couple's relationship that demonstrates their commitment to each other, their perception of themselves as a couple and their willingness to sacrifice individual advantages for the advantage of themselves as a couple; a legal requirement for a couple to be considered spouses without marrying. See "cohabitation," "marriage" and "spouse." | ;marriage-like relationship:In family law, the quality of an unmarried couple's relationship that demonstrates their commitment to each other, their perception of themselves as a couple, and their willingness to sacrifice individual advantages for the advantage of themselves as a couple; a legal requirement for a couple to be considered spouses without marrying. See "cohabitation," "marriage," and "spouse." | ||
;''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 decisions before and after final judgment in a court proceeding, including the hearing of interim applications, the assessment of lawyers' bills and the settling of bills of cost. See "interim application," "judge," and "jurisdiction." | ;master:A provincially-appointed judicial official with limited jurisdiction, usually charged with making decisions before and after final judgment in a court proceeding, including the hearing of interim applications, 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, important. A material fact 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, important. A material fact 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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;memorandum of understanding:A document setting out the essential terms of a settlement reached between two or more people resolving a legal dispute, often used as a guide to the more complete terms of a final agreement or final order to be made with the consent of the signatories. See "consent order" and "family law agreements." | ;memorandum of understanding:A document setting out the essential terms of a settlement reached between two or more people resolving a legal dispute, often used as a guide to the more complete terms of a final agreement or final order to be made with the consent of the signatories. See "consent order" and "family law agreements." | ||
;minor:A person who is younger than the legal age of majority, 19 in British Columbia. Not to be confused with "miner." See "age of majority." | ;minor:A person who is younger than the legal age of majority, 19 in British Columbia. Not to be confused with "miner." See "age of majority." | ||
;minutes of settlement:A document setting out the essential terms of an agreement reached between two or more parties to a court proceeding, produced after negotiations and signed by the parties and their lawyers. Minutes of settlement are normally used as a guide to the more complete terms of a final order to be made with the consent of the parties and are often attached to that order as a schedule. See "consent order," "family law agreements," "litigant" and "order." | ;minutes of settlement:A document setting out the essential terms of an agreement reached between two or more parties to a court proceeding, produced after negotiations and signed by the parties and their lawyers. Minutes of settlement are normally used as a guide to the more complete terms of a final order to be made with the consent of the parties and are often attached to that order as a schedule. See "consent order," "family law agreements," "litigant," and "order." | ||
;miscarriage of justice:A term referring to the demonstrable and traumatic failure of the justice system in a particular court proceeding. | ;miscarriage of justice:A term referring to the demonstrable and traumatic failure of the justice system in a particular court proceeding. | ||
;misrepresentation:Acts or words tending or intended to give a misleading or false impression as to the true state of affairs. See "bad faith." | ;misrepresentation:Acts or words tending or intended to give a misleading or false impression as to the true state of affairs. See "bad faith." | ||
;mistake:In law, an unintentional act or failure to act arising from a misunderstanding of the true state of affairs, from ignorance, or from an error not made in bad faith. In contract law, an unintentional misunderstanding as to the nature of a term agreed to in a contract. See "bad faith" and "contract." | ;mistake:In law, an unintentional act or failure to act arising from a misunderstanding of the true state of affairs, from ignorance, or from an error not made in bad faith. In contract law, an unintentional misunderstanding as to the nature of a term agreed to in a contract. See "bad faith" and "contract." | ||
;mortgage:The conditional transfer of the title to real property by an owner to another person in return for money given by that person as a loan, while retaining possession of the property. The party to whom title is given, the "mortgagee," usually a bank, is allowed to register the title of the property in their name if the person taking the loan, the "mortgagor," fails to make the required payments. See "encumbrance" and "real property." | ;mortgage:The conditional transfer of the title to real property by an owner to another person in return for money given by that person as a loan, while retaining possession of the property. The party to whom title is given, the "mortgagee," usually a bank, is allowed to register the title of the property in their name if the person taking the loan, the "mortgagor," fails to make the required payments. See "encumbrance" and "real property." | ||
;motion:In law, an application to the court for an order, usually brought after the commencement of a court proceeding but before its conclusion following by trial or settlement; an interim application. See "action," "interim application" and "order." | ;motion:In law, an application to the court for an order, usually brought after the commencement of a court proceeding but before its conclusion, following by trial or settlement; an interim application. See "action," "interim application," and "order." | ||
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