What the Words Mean in Learning about the Law

Fundamentals of law and criminal and civil law

adjudicator

Someone who makes a formal judgment on a disputed matter, such as a judge in a court.

appeal

Ask a higher court to overturn a lower court's decision.

arrest

Take someone into custody by legal authority.

confidential

Something that is meant to be kept a secret from non-approved people.

cross-examine

To question an opposing party’s witness in order to challenge or clarify his or her previous testimony in a court proceeding.

discrimination

The practice of treating one person or group differently from another in an unfair way.

elected

Chosen by popular vote to fill a position, usually political.

equality

A situation where people are treated the same way despite their cultural, social or economic differences.

federal

Matters or institutions that deal with the whole country where different provinces or states also have their own institutions and responsibilities.

guilty

Found to be responsible for a wrongdoing.

innocent

Found to be not responsible for a wrongdoing.

judgment

A decision on a dispute. In law, it is a decision by a court on a contested matter.

jurisdiction

The right to use an official power to make legal decisions, or the area where this right exists.

Legislative Assembly

The group of individuals who, meeting in regular session, have the power to pass laws provincially. In Canada, each province has a legislative assembly whose members are elected by popular vote at general elections.

mediator

Someone who tries to bring parties in dispute to a mutual agreement or resolution.

municipal government

The government for a local area, usually a city or a district.

parole

The release of a prisoner before his or her full sentence is served on a promise of good behavior in future.

politicians

People who involve themselves in matters related to governing a territory.

punishment

The penalty given to a wrongdoer.

regulate

Control or supervise by means of rules and regulations.

representatives

People chosen to act and speak on behalf of a wider group.

responsibilities

The things one is required to do or not do as part of a legal obligation, a job or a role.

rights

Legal or moral entitlement to have or do something.

social services

Services provided by the government or other organizations for the benefit of the community.

trial

A court procedure to examine the evidence in a disputed matter, whether criminal or civil, to arrive at a legal judgment.

tribunals

Official legal forums set up to decide or pass judgment on disputed matters.

young offenders

Criminal offenders who are 12 years or older and 18 years or younger. Among other things, they are subject to less severe sentences than adults, and their names are generally not publicized. For certain serious offences, youths aged 14-18 can be tried and sentenced as adults.

Family law

adultery

Sex between someone who is married and someone who is not their spouse.

agreement

A written contract that sets out how spouses have agreed to deal with things like parenting, support, and property.

Child's best interests

A legal test used in family law cases to decide what would best protect your child's: physical, psychological, and emotional safety; security; and well-being.

Child Support Guidelines

The amount of money the person who is paying support must pay. The amount depends on how many children you have. The Guidelines are online on CanLII.

collaborative family law

A situation that involves two or more people working together, usually with lawyers, to reach an agreement or end a dispute.

common-law relationship

A relationship that is considered to be marriage-like because the couple has lived together for at least two years.

consent order

A court order that both spouses agree to.

contact

The time that a person who is not a guardian spends with the child. This person could be a parent who does not have guardianship or another relative, like a grandparent.

contract

An agreement that the law can enforce.

contribute

To give or supply in common with others; to help bring about something better.

court order

An order or decision made by a law court.

custom

Something that is done by people in a particular society because it is traditional.

dispute resolution

A process in which two people work through their family law issues with a trained professional, like a mediator.

divorce

The legal ending of a marriage.

duty counsel

Lawyers who work at the courthouse. They can give you advice about your family case.

enforcement

When people are made to obey a rule, law etc.

excluded property

Any property that is not considered family property.

family debts

Debts that you take on during your relationship that you still owe on the date you separate. They can also be debts you take on after your separation date to maintain family property.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School, 2013.

Learning about the Law Wikibook © People's Law School is, except for the images, licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence.

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

A judge's conclusions after hearing argument and considering the evidence presented at a trial or an application; a decision, 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 the judge's findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusion of law," "finding of fact" and "final judgment."

A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government, or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal.

An application to a higher court for a review of the correctness of a decision of a lower court. A decision of a judge of the Provincial Court of British Columbia can be appealed to the Supreme Court of British Columbia. A decision of a judge of the Supreme Court can be appealed to the Court of Appeal for British Columbia. See "appellant" and "respondent."

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) 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 their 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."

In law, a person named as an applicant, claimant, respondent, or third party in a court proceeding; someone asserting a claim in a court proceeding or against whom a claim has been brought. See "action" and "litigant."

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."

Oral evidence given by a witness in court or in an affidavit under the witness's oath or affirmation as to the truth of the statement. See "affirm," "evidence," "oath" and "witness."

A legal proceeding in which one party sues another for a specific remedy or relief, also called an "action," a "lawsuit," or a "case." A court proceeding for divorce, for example, is a proceeding in which the claimant sues the respondent for the relief of a divorce order.

With respect to courts, (1) the authority of the court to hear an action and make orders, (2) the limits of the authority of a particular judicial official, (3) the geographic location of a court, or (4) the territorial limits of a court's authority. With respect to governments, (5) the authority of a government to make legislation as determined by the constitution, or (6) the limits of authority of a particular government agency. See “constitution."

A kind of legislation that provides supplemental rules for a particular act. Regulations are created and amended by the government, not by the legislature, and as a result the legislature has no say in how or what regulations are imposed by government. See "act."

A duty, whether contractual, moral, or legal in origin, to do or not do something. See "duty."

Facts, or proof tending to support the existence of facts, presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay" and "testimony."

A married person's voluntary sexual intercourse with a person other than their spouse, also known as cheating, playing the field and fishing out of season. Proof of adultery is grounds for an immediate divorce, providing that the spouse complaining of the adultery can prove that the adultery occurred and that they have not consented to or forgiven the adulterous act. See "collusion," "condonation," and "divorce, grounds of."

Under the Divorce Act, either of two people who are married to one another, whether of the same or opposite genders. Under the Family Law Act, spouse includes married spouses, unmarried parties who have lived together in a marriage-like relationship for at least two years, and, for all purposes of the act other than the division of property or debt, unmarried parties who have lived together for less than two years and have had a child together. See "marriage" and "marriage-like relationship."

Something which can be owned. See "chattels" and "real property."

A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority."

A regulation to the federal Divorce Act, adopted by every province and territory except Quebec, that sets the amount of child support a parent or guardian must pay, usually based on the person's income and the number of children involved.

Short for the Child Support Guidelines, a regulation to the federal Divorce Act, adopted by each province and territory except Quebec, that sets the amount of child support a parent or guardian must pay, usually based on the person's income and the number of children involved.

An order resolving all or part of a court proceeding, on an interim or final basis, that the parties agree the court should make.

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

In family law, the natural or adoptive father or mother of a child; may also include stepparents, depending on the circumstances and the applicable legislation; may include the donors of eggs or sperm and surrogate mothers, depending on the circumstances and the terms of any assisted reproduction agreement. See "adoptive parent," "assisted reproduction," "natural parent" and "stepparent."

An agreement between two or more people, giving them obligations towards each other that can be enforced in court. A valid contract must be offered by one person and accepted by the other, and some form of payment or other thing of value must generally be exchanged between the parties to the contract.

Processes used to resolve legal disputes, including negotiation, collaborative settlement processes, mediation, arbitration and litigation.

The legal termination of a valid marriage by an order of a judge; the ending of a marital relationship and the conjugal obligations of each spouse to the other. See "conjugal rights," "marriage" and "marriage, validity of."

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."

A lawyer paid by legal aid or the government who provides limited legal assistance to people on the day that they are in court.

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

A term under the Family Law Act referring to property acquired by a spouse prior to the commencement of the spouses' relationship and certain property acquired by a spouse during the relationship, including gifts, inheritances, court awards, and insurance payments. A spouse is presumed to be entitled to keep their excluded property without having to share it with the other spouse. See "family property," "gift" and "inheritance."

A term under the Family Law Act referring to property acquired by either or both spouses during their relationship, as well as after separation if bought with family property. Both spouses are presumed to be entitled to share equally in any family property. See "excluded property."