Glossary of Legal Terms
There are 199 entries in this glossary.All
| Term | Definition |
|---|---|
| Acceptance |
When the offeree clearly and unwaveringly accepts the terms of the offer, showing the intent for both parties to be legally bound by the terms contained in the offer. The moment of acceptance is generally held to be the moment at which the contract is formed. |
| Access |
The right of a person who does not have custody of a child to see or visit the child. Access orders are also based on the best interests of the child test. A person who has access to a child does not have the same rights to influence the upbringing of the child in the same way as the person who has custody of the child. |
| Admissible |
The evidence that a judge will consider, or in the case of a jury, the evidence that a judge will allow the jury to consider. There are numerous rules of evidence; for example, one of the most commonly known rules of admissibility is that of hearsay: a witness who says that "John Doe told me that he saw..." will be testifying as to hearsay evidence, and the judge will not allow what "John Doe" saw as evidence unless John Doe himself is testifying under oath. |
| Affidavit |
A written statement of facts that is sworn to be the truth. The signature that swears to the truth of the statement must be signed in front of either a notary, a lawyer, or some other judicial officer who is capable of swearing oaths. |
| Age of Majority |
When a child becomes an adult; varies from province to province according to statute. In British Columbia, the age of Majority is 19 years old. |
| Allegations |
Statements of fact that have not yet been proven. |
| Appearance |
A brief document that must be filed with the Court within a certain number of days after being served with a Writ of Summons or a Petition. Failure to file an Appearance within the specified time may result in a judgment being made against the Defendant/Respondent without any further action being taken by the Plaintiff/Petitioner. |
| Appellant |
The party who requests leave of the Court to have their case heard in front of the Court of Appeal. Either of the original parties to a court proceeding may request leave. |
| Appellate Court |
A court where judgments of a trial court or a lower appellate court are appealed. Typically, only conclusions of law may be appealed. At an appellate court, no new evidence may be provided and counsel makes submissions as to the interpretation of the evidence that was led in the preceding court. The only evidence before an appellate court is the transcript of the proceeding in the trial court. |
| Applicant |
In a Provincial Family Court proceeding, the party who begins an action by filing an Application to Obtain an Order. |
