法庭口译

Absentee

A person who has disappeared or whose whereabouts are unknown.

Absolute Discharge

(see )

Absolute Liability

(see )

Access

In family law cases, the right to spend time with the children on a regular basis and to receive information on the children's health, education, and well-being.

Accountant of the Superior Court of Justice

The person who has authority to accept monies that are paid into the Superior Court, except for

proceedings under the Landlord and Tenant Act or the Repair and Storage Liens Act or actions in Small Claims Court.

Accused

A person or company charged with a crime; the defendant in a criminal trial.

Acquittal

A finding of "not guilty" in a criminal case.

Act

A law passed by the provincial or federal legislature. Acts are also referred to as statutes'.

Action

A legal proceeding in a civil case.

Actus Reus

Latin for "guilty act." A voluntary action or omission that, when intentional, results in a criminal offence.

Adjournment

Postponement of a court hearing to another date. (see )

Administration Bond

(see )

Administrator (Estate Trustee)

A person appointed by the court to administer the estate of a person who has died without a will or the estate of an executor named in a will. The administrator is now called an estate trustee.

Admissible Evidence

(see )

Adoption

The process in which a person, usually a child, becomes a legal member of a new family. Once an

adoption is finalized, the person becomes the legal child of the adoptive parent(s) and the parental rights of the biological parent(s) are terminated.

Affidavit

A written statement or declaration of facts that are sworn or affirmed to be true.

Affidavit of Service

An affidavit certifying that a document has been served on a party.

Affirmation

A solemn declaration made by a person to tell the truth. Lying in an affirmation is perjury, a criminal offence.

Aggravated Damages

(see )

Alternative Dispute Resolution

Resolving conflict through means other than going to court. Examples of alternative dispute resolution include: arbitration, mediation, and collaborative family law. Arbitration

A process where a neutral third party, selected by the disputing parties, makes a decision on the issue in dispute.

Collaborative Family Law

A process where the parties and lawyers formally agree to negotiate a resolution of the issues in dispute through a series of meetings, without going to court. Mediation

A process where a neutral third party (mediator), selected by the disputing parties, assists parties to reach agreement on issues in dispute.

Amicus Curiae

Latin for "friend of the court." A lawyer who assists the court during the course of a hearing, to represent a position or interest, usually at the court's request.

Annulment

A declaration by a judge that a marriage is invalid. If a marriage is annulled, it is as if the marriage never occurred.

Answer

A response to an allegation or an application.

Appeal

A request made to a higher court, tribunal or authority for the review of a decision.

Appeal Period

The time limit within which one can appeal.

Appearance Notice

A document that requires people to appear in court to answer charges against them in a criminal case.

Appellant

The party bringing an appeal.

Applicant

A person who makes or starts an application.

Application

1. The commencement of a proceeding in a court by way of filing the appropriate court form. 2. A request made to the court.

Apprehend

1. To take or seize.

2. In child protection cases, to remove a child from his or her parents or the person having care of the child and take him or her to a place of safety. Child protection workers and police have the authority to do this.

Arbitration

(see )

Arbitrator

A neutral third party, selected by the parties to a dispute, who makes a decision on an issue in dispute.

Arraignment

The initial step in a criminal proceeding to confirm the identity of the accused, formally read the charges, and ask how the accused pleads.

Arrears

Money that is owed to a party under a court order or agreement, but has not been paid.

Arrest

The taking or keeping of a person in custody by legal authority, usually in response to a criminal charge.

Assessment

1. The determination of the rate or amount of something. For example, damages or a fine imposed. 2. In family law cases, an analysis by a qualified professional who investigates, assesses and reports on the needs of the child(ren) and the ability of the parties to meet those needs.

3. In criminal law cases, a determination by a qualified person of the mental condition of an accused person.

4. In civil cases, a determination of the capacity of an individual to manage property, to make personal care decisions, or to properly retain and instruct counsel.

Fitness Assessment

An analysis performed by a psychiatrist or psychologist to determine whether a person is fit to stand trial. Solicitor-Client Assessment

A hearing where an assessment officer reviews the amount of a lawyer's bill. Capacity Assessment

A determination by a capacity assessor, or the court, as to a person's ability to manage property, make personal care decisions, or to properly retain and instruct counsel

Assessment Order

(see )

Attorney

1. A term for a lawyer more often used in the United States.

2. A person who has been appointed under a power of attorney by a capable grantor to act on their behalf. An Attorney can be for either property issues, or personal care issues, or both.

Attorney General

The principal law officer of "the Crown"; the Minister of the provincial or federal government responsible for the administration of justice.

Bail

A commonly used term for a Recognizance of Bail. When a person is not released by the arresting officer, the person must be taken before a judicial officer to determine whether the person should remain in custody pending trial. The term "bail" is often used to refer to the money paid as security for the person showing up the next time he or she is required to appear in court.

Balance of Probabilities

(see )

Bankrupt

Insolvent and involved in a proceeding to become bankrupt or against whom a creditor has started a proceeding to put them into bankruptcy. Can be used to refer to apply to the person in this position.

Bankruptcy

A legal process by which an insolvent person is relieved of certain debts, usually with conditions.

Bar

1. Term used to describe the legal profession as a whole.

2. A barrier that separates the judge's bench and the front row of lawyers' seats from the public area of the court.

Barrister

Popularly used to mean lawyers who appear in court to argue cases. In Canada (except Quebec), all

lawyers are barristers and solicitors. In England and other countries, historically barristers attended court while solicitors did not.

Bench

1. The judge's seat in a court. 2. Judges, singly or collectively.

Bench Warrant

(see )

Beneficiary

A person designated to receive something as a result of a legal document, such as a will or insurance policy.

Best Interests of the Child

Circumstances that must be taken into account by the court when making orders concerning children in child protection and family law cases. Factors considered can include the child's needs, interests, views and preferences, and cultural and family connections.

Beyond a Reasonable Doubt

(see )

Bill

Proposed legislation that is brought before the legislature for approval. A bill becomes law once it is approved by the legislature, receives royal assent from the Lieutenant Governor and is proclaimed

effective. The Act may be proclaimed effective on Royal Assent; by a fixed date in the legislation; or on a date to be proclaimed by the government.

Binding

1. Mandatory

2. When applied to a court decision or order, required to be followed in cases with similar circumstances.

Bond

An obligation or a promise given to a court. A bond includes a recognizance. Administration Bond

A promise with a surety(ies), offered by an application or required by a judge in an estate application filed with the court. Peace Bond

Person is ordered to keep the peace for a specified period of time on certain conditions. Surety Bond

A written promise committing someone acting as a surety to pay a named person a set amount if the promise is broken.

Breach

A violation or infraction of a law or obligation.

Brief/Legal Brief

A written statement summarizing the arguments of a case. It contains factual and legal arguments, as well as references to any legislation or cases that are being relied on to support those arguments.

Burden of Proof

The degree of proof needed in a proceeding for a party to prove a disputed assertion or charge. Balance of Probabilities

This is the standard of proof used in civil and family matters. Beyond a Reasonable Doubt

This is the standard of proof used in criminal matters. This higher standard of proof reflects the potentially serious consequences (loss of liberty) in criminal cases.

CAS

Acronym for Children's Aid Society.

Case

A matter brought before the court for a decision. It includes criminal charges, applications, motions, enforcements and appeals.

Case Conference

(see )

Case Event List

A list of cases to be heard in a particular courtroom during that day. This list may be referred to as the "docket".

Case Law

Judge-made law and legal decisions from previous cases that form precedents for future cases. Depending on what level of court, case law can be binding or just persuasive.

Case Management

A process that gives parties in dispute scheduled opportunities to discuss the case in order to streamline proceedings.

Case Management Master

(see )

Cause of Action

A situation that may entitle one person to obtain from the court a remedy against another person.

Caveat

Latin term for a warning. Cautionary words.

Certificate

A document that attests to a fact or court decision.

Certificate of Appointment of Estate Trustee With a Will

A legal document issued by a Superior Court of Justice confirming that the will filed with the court is the last will of the deceased and that the person named as estate trustee in the will has authority to administer the estate of the deceased person. (Commonly referred to as "letters probate" or "probate".) Certificate of Appointment of Estate Trustee Without a Will

Where a person has died without a will, it is a legal document issued by a court authorizing a person to administer the estate of the deceased person. (Commonly referred to as "letters of administration" or "administration".) Certificate of Divorce

A certificate issued by a court showing that a divorce has been granted under the Divorce Act dissolving the marriage of the persons specified in the certificate. Certificate of Pending Litigation

Notice to a person that a proceeding has been started against the person questioning their interest in land. To have legal effect, the certificate must be issued by the court and registered in the proper land registry office.

Certify (a Copy)

To formally acknowledge in writing that a copy is an accurate copy of the original document.

Certiorari

(see )

Change of Name Act

Ontario statute that governs how a person's name can be legally changed.

Character Evidence

(see )

Charge

A formal accusation of an offence as a preliminary step to prosecution.

Charter

Frequently used to refer to the Canadian Charter of Rights and Freedoms. The Charter is a part of the Canadian Constitution and guarantees individuals certain rights and freedoms, including the right to a fair trial.