Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Family law 1 > family law terms 1 > Flashcards

family law terms 1 Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

ACCESS

A

Ability to enter, approach, pass to and from or communicate.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

AFFIDAVIT

A

voluntary declaration of facts written down and sworn by the declarant before an officer authorized to administer oath, a great deal of evidence is submitted by affidavit.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

REASONABLE ACCESS:

A

gives parents Flexibility to make their own arrangements for visitation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

SPECIFIED ACCESS

A

sets out certain times for non-custodial/non-residential parents to be able to spend time with his or her children.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

SUPERVISED ACCESS

A

says that the non-custodial parent may spend time with children only with another adult present. (If court believes it is necessary for welfare and best interest of the children.)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

ADJOURNMENT

A

The temporary delay of a court proceeding.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

ADULTERY

A

Sexual relation between a married person and someone other than his or her spouse.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

AGE OF MAJORITY

A

The age of majority is the legal age when a person ceases to be considered a minor.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

ALTERNATIVE DISPUTE RESOLUTION

A

Ways to settle disputes or differences without a Court trial, such as mediation or negotiation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

CHILDREN OF THE MARRIAGE

A

children from the union by marriage.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

CHILD SUPPORT

A

Money paid by one parent to the other parent for the support of a child or children.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

COROLLARY RELIEF JUDGMENT

A

A Court order that is issued as part of a divorce proceeding and usually addresses such issues as custody, access, child support, spousal support, and the division of matrimonial assets.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

COMMON LAW RELATIONSHIP

A

Two people are considered to be in a common law relationship when they live together in a conjugal (married-like) relationship without having been legally married.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

COSTS

A

A judge may choose to order costs at the end of a trial. “Costs” refers to money to be paid by one side if there is a contested hearing or trial between the parties. Costs are intended to help compensate the successful party for his/her legal expenses as a result of being in Court. Costs may also be ordered against a person who fails to follow the Court’s directions or instructions before or during a trial.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

CUSTODIAL PARENT

A

The parent with whom the children live is known as the “custodial” or the “residential”parent. The other parent is the “non-custodial” or “non-residential” parent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

INTERIM ORDER

A

A temporary order dealing with some matters until the final decision of the Court. An interim order may also be referred to as an Interlocutory Order.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

JUDGMENT

A

A decision made by a judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

MAINTENANCE

A

Money paid by a person toward the living expenses of a spouse, child, or dependant parent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

MATRIMONIAL HOME

A

: The home and real property in which the family usually resided during the marriage.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

MATRIMONIAL PROPERTY

A

A term defined by the Family Law Act. Matrimonial property includes all property acquired by either or both spouses during the marriage with some exceptions. The exceptions include: gifts, inheritances, trusts, settlements, personal injury awards, personal effects, business assets, property exempted under a marriage contract or separation agreement, family heirlooms and property acquired after separation. Other exemptions apply.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

MEDIATION

A

Mediation is a type of alternative dispute resolution in which trained, impartial mediator helps the parties reach agreements about issues such as custody and access and sometimes also about child support, spousal support, and the division of matrimonial assets and debts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

ORIGINATING APPLICATION

A

: A petition is an application to start a divorce. Either spouse may file a petition for divorce with the Court, or both spouses may file a joint petition.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

STATEMENT OF PROPERTY

A

Anyone asking the Supreme Court to decide a question dealing with property must file a statement of property. A statement of property sets out what assets a person owns and the debts they owe.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

VARIATION

A

A variation is an application to change an existing Court order.

25
Q

PLEADINGS

A

: Formal document, in which a party to a legal proceeding sets forth or responds to allegations, claims, denials, or defenses.

26
Q

PRAECIPE

A

at common law, a writ ordering a defendant to do some act or explain why inaction is appropriate

27
Q

REQUEST FOR DIVORCE

A

asking for

28
Q

SERVICE EX JURIS

A

is where legal notice of an upcoming proceeding is given to a defendant who resides outside of the jurisdiction of the court.

29
Q

STATEMENT OF CLAIM

A

The legal definition of Statement of Claim is the document which sets out the plaintiff’s allegations of fact and thus, engages the judicial process by seeking trial.

30
Q

STATEMENT OF DEFENCE

A

The assertions by a defendant, the defendant’s answer to the plaintiff’s statement of claim.

31
Q

STYLE OF CAUSE

A

the case title for a cause of action / lawsuit; a description of the parties involved.

32
Q

APPEAL

A

After a judge has made a decision in a trial or hearing, if either party is not satisfied, they may be entitled to “appeal” the decision to a higher Court. This means asking a higher Court to review the decision.

33
Q

APPLICANT / PLAINTIFF

A

A person who starts a legal action or application in Court

34
Q

APPLICATION:

A

: Filing an application is a way of asking the Court to make an order. An application states what type of order the person is seeking.

35
Q

APPLICATION TO VARY

A

An application to the Court to change an existing order

36
Q

BEST INTERESTS OF THE CHILD

A

The test that a Court uses to make decisions about custody and access. The children’s needs and wellbeing are always the most important factors.

37
Q

CASE MANAGEMENT MEETING

A

An informal meeting between a judge, and parties or their counsel to discuss and to potentially resolve issues related to the management of Court proceedings with a view to achieving the following purposes: (a) ensuring that maximum benefit is gained from each trial day; (b) making more efficient use of Court resources; (c) ensuring adequate and accurate amounts of time are reserved for trial; and (d) providing for the public interest in access to justice in a timely and cost effective manner

38
Q

CHAMBERS:

A

A process for a judge to hear applications for some Court orders. Chambers is always held in a Courtroom, and several applications may be held in any session

39
Q

CUSTODY

A

This describes the arrangement made for the care of the children after parents separate. Custody refers to decision making and responsibility for the children. Parents may have joint custody, meaning they are both involved in decision-making for the children, or one parent may have sole custody, meaning s/he has all of the decision-making authority. Even where parents have joint custody, the children may live primarily or totally with one parent.

40
Q

DEFAULT

A

Default is the failure to do something. Examples are not obeying the terms of a Court order or not filing documents the Court needs.

41
Q

DEFENDANT / RESPONDENT

A

A person against whom a legal action or application is brought.

42
Q

DIVORCE

A

The legal ending of a marriage

43
Q

DIVORCE JUDGMENT

A

An order from the Court that says that two people are divorced. Unless the husband orwife appeals, the divorce judgment becomes effective on the 31st day after the date of the judgment.

44
Q

EXCLUSIVE POSSESSION

A

: The right of one party to be the only one to use a residence or other asset, usually amatrimonial home (the family home) or its contents. The Supreme Court may award exclusive possession when one of the parties applies for it or may include it as a term in aseparation agreement. This remedy is not available in Family Court

45
Q

EX PARTE:

A

This is a type of Court application which is made on behalf of only one party, without notice to any other party.

46
Q

RECIPIENT

A

The person who receives child or spousal maintenance or support

47
Q

RESPONDENT / DEFENDANT

A

A person against whom a legal action or application is brought.

48
Q

RESPONSE

A

The formal answer or reply to an Originating Application. It should address the claims made by the Applicant and state clearly the reason the Respondent is defending the action

49
Q

SEPARATION

A

: Two people who are married to each other but who are living separate are considered to be officially separated in the eyes of the law. You do not need an official document in order to be “legally” separated.

50
Q

SEPARATION AGREEMENT

A

: A contract between two spouses to live apart on certain terms and conditions, which usually include custody and access, support, and the division of matrimonial assets and debts.

51
Q

SPOUSAL SUPPORT

A

: Money paid by one spouse to another to contribute to the other’s living expenses. The support can be paid either by a set amount every month, one lump sum or as a transfer of property.

52
Q

STATEMENT OF FINANCIAL INFORMATION

A

A document that sets out all sources of gross income, assets and expenses.

53
Q

DEMAND OF NOTICE

A

: A document filed by the defending party to a divorce when he/she wish to acquire copies of documents related to the case but will not be contesting the case.

54
Q

FAMILY COURT

A

a court having jurisdiction over matters involving divorce, child custody and support, paternity, domestic violence and other family law issues.

55
Q

HER MAJESTYS PROCTOR

A

The Queen’s Proctor (or King’s Proctor) is the proctor or solicitor representing the Crown in the courts of probate and divorce.

56
Q

NOTARY PUBLIC

A

: A person authorized by a state to administer oaths, certify documents attest to the authenticity of signatures, and perform official acts in commercial acts in commercial matters.

57
Q

NOTICE OF MOTION

A

written certification that a party to a lawsuit has filed a motion or that a motion will be heard or considered by the court at a particular time

58
Q

CHILD

A

A person under the age of majority

Family law 1 (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions