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Codified written down and/or organized into topics, or converted into binding legislation. Contingency fee - Also called a contingent fee. Home study an assessment of the prospective parents with respect to their suitability to adopt. Hearing of the word. Unilateral mistake one party to a contract is mistaken about a fundamental element of the contract. Bankruptcy - A federal legal proceeding in which a debtor may be released from or discharged from debts, sometimes by paying a portion of each debt. Code of Professional Responsibility - The rules of conduct or ethics that govern the legal profession. Administration bond of indemnity promise by the estate trustee to administer the estate properly and promise by the estate trustee and a third party, such as an insurance company, to indemnify any creditors or beneficiaries prejudiced by the failure to do so.
Motioning the other party to death using motions to delay the action, add to the costs of other parties, or otherwise abuse the process of the court. Moot - A moot case or a moot point is one not subject to a judicial determination because it involves an abstract question or a pretended controversy that has not yet actually arisen or has already passed. Due diligence the attention and care that a reasonable person would exercise with respect to his or her concerns; the obligation to make every reasonable effort to meet one's obligations. Word following legal or hearing aid. The former are commonly used to garner opinion on matters that affect the public—as, for example, when the Environmental Protection Agency (EPA) considers changing its rules. Arguments presentation to a court or tribunal of reasons to accept a party's point of view, including a summary of the evidence and the law that support this point of view; also called "submissions".
Domicile - Where a person has his permanent home to which he intends to return. Advocacy process of presenting a position, viewpoint, case, or defence. Notably, rules limiting the admissibility of evidence are looser in administrative hearings than in trials. At the Hearing: What is hearsay. Sums certain specific bequests; amounts that do not depend on the decisions made by the estate trustee in administering the estate. Assessment of costs a costs order made by a judge where the actual amount of the costs is determined at a separate hearing by an assessment officer. Contingent beneficiary person who, if a particular condition is satisfied, becomes a beneficiary of a trust. Balance of convenience a common law test; a court applying this test will balance the prejudice to one party of denying the relief asked for, against the prejudice to the opposing party if the relief is granted.
In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute. Summons - A legal document used to begin a civil case or to tell a person they must appear in court or respond to a lawsuit. Word following legal or healing iraq. Leading a witness asking a witness a question that suggests the answer. I. identity documents lawfully obtained documents designed to prove the identity of the person carrying them (for example, a passport or birth certificate).
Dual unionism one union organizes several trades or crafts, rather than just one. Technically, hearsay is defined as "an out-of-court statement admitted for the truth of the matter asserted. " Estate administrator person appointed by a court to administer an estate where there is no will or where the appointment of an executor is ineffective. Cause of action the factual and legal grounds for seeking a remedy from a court.
Vicarious responsibility a principle that can lead to immigration professionals being held personally responsible for the actions of agents or employees. Contempt of court - Willful disobedience of a judge's command or of an official court order. Unincorporated association association of persons formed to carry out a specific purpose (including a not-for-profit activity) and not formally incorporated. Wrongful discharge - When an employee is fired for reasons that are not legitimate, typically either because they are unlawful or because they violate the terms of an employment contract. Brief - A written argument by counsel arguing a case, which contains a summary of the facts of the case, pertinent laws, and an argument of how the law applies to the fact situation.
For example, you can ask the tribunal to move a hearing to a new date. For example: - Questions that call for hearsay are objectionable: - "What did he say to you? For example: - Testimony that is not trying to prove a fact about the case is not hearsay: - "The officer said to stay calm. Arrangement an agreement entered into by a corporation with its shareholders to effect a compromise or arrangement with respect to the rights of the shareholders that cause the corporation difficulty, financial or other. Declining jurisdiction failure of an official or agency to carry out a statutory function that it has a duty to perform. Chattel mortgage a loan that is secured against personal property; in Ontario, such security interests are registered under the Personal Property Security Act. Abstract/abstract book book in the Registry system that records registered interests in land; record of all registrations affecting a parcel of land. Removal order an order issued either after an examination or at an admissibility hearing instructing the person to leave Canada. Recital statement that sets out background facts on which a document (for example, a contract) is based. Crime an act or omission that is an offence under criminal law. Pro Se - (pronounced pro say) Latin phrase that means for himself.
Also the judgment given. Craft unions unions that organize on the basis of membership in a particular craft or trade, such as electrical or cabinet making, and ignore unskilled workers or members of other trades or crafts; also called horizontal unions. Respondent - The person against whom an appeal is taken. In escrow holding of funds or documents by a third party to be released only on certain specified conditions. Mitigation of damages the rule that persons claiming damages must take action to minimize the harm they suffer. Quasi-constitutional in relation to a law, a law that is below a country's Constitution but above ordinary laws in the hierarchy of laws because it protects rights that, although they may not be explicitly recognized in the Constitution, are very important to society. Special resolution a resolution that is passed by at least two-thirds of the votes cast in respect of the resolution, or that is consented to in writing by all the shareholders who are entitled to vote on the resolution. Expedited speeded up, accelerated. This is called litigation privilege.
You can ask the tribunal to expedite the process. Plan of survey schematic sketch showing boundaries of property and location of all fences, structures, and rights of way. Inquisitorial system a system of resolving disputes through holding a hearing in which the judge or adjudicator plays an active role in investigating, collecting facts, putting forward evidence, and questioning witnesses. Conditional removal order a departure order with conditions attached; issued pending the outcome of a refugee claim. Exhibit list list setting out the number and a brief description of each exhibit as it is entered into evidence. Demonstrative gift gift of a sum of money from a specifically identified source. Onus the burden of responsibility or proof. Assessment of damages a determination of the money damages owed to the plaintiff by the defaulting defendant(s); may be done by a motion in writing or by an assessment hearing.
Grandfathered a situation or action is said to be grandfathered when it is allowed to continue even though a new rule or set of rules would prohibit it, or would impose new conditions on the person doing it. Debtor - A person or entity who owes a debt to another. Deed - A written legal document that describes a piece of property and outlines its boundaries. Mandatory dues check-off see Rand Formula. Arbitration - When disputing parties participate in a process where they agree in advance to accept the decision of a mutually-selected arbitrator or panel of arbitrators which will hear both sides and make a decision.
Adjudication the process of receiving and considering the evidence and arguments presented by both sides in a dispute and making a binding decision by applying relevant law to the issues in the case. An adult in an intimate or committed relationship with another for either (a) 2 or more years where they are the parents of one or more children or (b) five or more years. If an appellate court grants a writ of certiorari, it agrees to take the appeal. This document may be privileged. If a discussion is privileged, the tribunal cannot make you to share it. A Latin term meaning "standing". Conference brief a case conference brief (form 17A or form 17B), a settlement conference brief (form 17C or form 17D), or a trial management conference brief (form 17E).
Dismissal - The termination of a lawsuit by a court's finding that it should not be permitted to proceed. Fixed interest rate rate of interest that remains the same for the term of the charge. Evidence information that a party seeks to use in a legal proceeding to prove or disprove a contention or allegation. Pecuniary or proprietary interest concerned with financial or ownership matters. Part lot control government control over transactions involving part of a subdivision lot. Promissory estoppel a rule whereby a person is prevented from denying the truth of a statement of fact made by him or her where another person has relied on that statement and acted accordingly.