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Difference between revisions of "Terminology"
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;endowment:In family law, the giving of dower to a wife or dowry by a wife. See "dower" and "dowry." | ;endowment:In family law, the giving of dower to a wife or dowry by a wife. See "dower" and "dowry." | ||
;enjoin:To prohibit or restrain someone from doing something, normally by order of the court. See "restraining order." | ;enjoin:To prohibit or restrain someone from doing something, normally by order of the court. See "restraining order." | ||
;enticement:In family law, the act of intentionally causing a wife to leave her husband or intentionally interfering with a married couple's consortium, formerly a common law cause of action. The ''Family Law Act'' expressly forbids legal actions based on enticement. See "cause of action," "conjugal rights," and "consortium." | ;enticement:In family law, the act of intentionally causing a wife to leave her husband or intentionally interfering with a married couple's consortium, formerly a common law cause of action. The ''Family Law Act'' expressly forbids legal actions based on enticement, which is too bad, really. See "cause of action," "conjugal rights," and "consortium." | ||
;''ergo'':A Latin word meaning "therefore." | ;''ergo'':A Latin word meaning "therefore." | ||
;error of law:A ground of appeal based on a claim that the trial judge did not apply the law correctly in reaching his or her decision. This is the most common ground of appeal. See "appeal." | ;error of fact:A ground of appeal based on a claim that, unknown to the trial judge, a fact exists, or a fact supposed to exist does not, making the judge's decision void or voidable. See "appeal." | ||
;estate: | ;error of law:A ground of appeal based on a claim that the trial judge did not apply the law correctly in reaching his or her decision. This is the most common ground of appeal. See "appeal" and "error of fact." | ||
;estate:In law, all of the personal property and real property that a person owns or in which he or she has an interest, usually in connection with the prospect or event of the person's death. | |||
;''et al.'':A Latin phrase meaning "and others," short for ''et alia'' ― because "alia" is just such a pain to write out. Formerly used in a style of cause to indicate that there are more parties to a legal action than are listed, and now replaced with the English phrase. See "style of cause." | ;''et al.'':A Latin phrase meaning "and others," short for ''et alia'' ― because "alia" is just such a pain to write out. Formerly used in a style of cause to indicate that there are more parties to a legal action than are listed, and now replaced with the English phrase. See "style of cause." | ||
;evidence:Facts or proof 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." | ;evidence:Facts or proof 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." | ||
;evidentiary burden:The obligation of a party to prove his or her case, the onus of proof. The burden of proof usually lies on the party who makes a claim, although in certain circumstances this burden is reversed, usually by operation of statute. In civil litigation, a party must prove his or her case on the balance of probabilities. | ;evidentiary burden:The obligation of a party to prove his or her case, the onus of proof. The burden of proof usually lies on the party who makes a claim, although in certain circumstances this burden is reversed, usually by operation of statute. In civil litigation, a party must prove his or her case on the balance of probabilities. | ||
;examination-in-chief:The portion of a trial where a party asks questions of their own witnesses to elicit evidence of certain facts. The questions asked of the witness cannot be leading, that is, the answer cannot be suggested in the question. See "cross-examination" and "evidence." | ;examination-in-chief:The portion of a trial where a party asks questions of their own witnesses to elicit evidence of certain facts. The questions asked of the witness cannot be leading, that is, the answer cannot be suggested in the question. For example, "What colour is your car?" rather than "Your car is blue?" See "cross-examination" and "evidence." | ||
;examination for discovery:The cross-examination of a party under oath or affirmation about the matters at issue in a court proceeding conducted prior to trial. An examination for discovery is held outside court, with no one in attendance except for the parties, the parties' lawyers and a court reporter. The court reporter produces a transcript of the examination, which may, in certain circumstances, be used at trial. See "discovery." | ;examination for discovery:The cross-examination of a party under oath or affirmation about the matters at issue in a court proceeding conducted prior to trial. An examination for discovery is held outside court, with no one in attendance except for the parties, the parties' lawyers and a court reporter. The court reporter produces a transcript of the examination, which may, in certain circumstances, be used at trial. See "discovery." | ||
;excluded property: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 proceedings. A spouse is presumed to be entitled to keep his or her excluded property without having to share it with the other spouse. See "family property," "gift," and "inheritance." | ;excluded property: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 proceedings. A spouse is presumed to be entitled to keep his or her excluded property without having to share it with the other spouse. See "family property," "gift," and "inheritance." | ||