Hi, my name is Lauriane, I'm 19 years old and I have been studying Paralegal Technology for almost two years now. This program introduces me to different parts of our justice system. After I graduated from college, I would like to continue to University and specialize in Family law, the type of law that is precised into divorces, family litigation and more. I made this glossary so people from all sphere of studying can get to learn a little more on Family law.
Adultery
Noun
Voluntary sexual intercourse between a married person and a person who is not his or her spouse.
Example: Further indication of the law's bias is indicated by previous divorce law where men committing adultery could be sued for damages, where as a woman could be divorced "without more."
fr: Adultère
Affidavit
Noun
A written statement confirmed by oath or affirmation, for use as evidence in court.
Example: Bloomsbury County Court, Ex parte Brady, The Times, 16 December 1987 [3]
c.f. affidavit of witness (Mr Nield).
fr: Déclaration sous serment
Asset
Noun
A useful or valuable thing, person, or quality.
Example: It is clear from the oral evidence provided by the Claimant that when he seeked to recover his money, he approached the Defendant on the basis that he was ready to forgo any increase in value of the property and was prepared to liquidate his asset in order to get his money back.
fr: Actif
Collusion
Noun
Secret agreement especially in order to do something dishonest or to trick people.
Example: In finding that the EU Commission had stretched the boundaries of collective dominance to prohibit a transaction that might have reduced competition, but which did not give rise to a material risk of tacit collusion, the CFI imposed 3 strict conditions that had to be met for a finding of collective dominance requiring (i) sufficient market transparency, (ii) sufficient incentives to sustain collusive practice and (iii) such market conditions as to ensure the feasibility of enforcement of the common policy.
fr: Connivence
Dissolution
Noun
The act of officially ending a marriage, a business agreement or a parliament; the act of breaking up an organization, etc.
Example: Tyler indeed shows the potential of the non-owning spouse's statutory right to effectively veto a proposed transaction, through its registration as a land charge, it more so illuminates the fragile nature of this right in the sense that it is dependant on the circumstances of the legal-owner (the owner's bankruptcy led to the dissolution of the wife's right) and can be removed if the court deems the registration was simply made out of spite.
fr: Dissolution
Domestic violence
Noun
Violent or aggressive behaviour within the home, typically involving the violent abuse of a spouse or partner.
Example: Given the proven psychological link between male domestic violence abusers and insecurity and low self-esteem, there is obvious reason for the concern that consumers attracted to the MOB industry are those that fall into the category of potential abusers.
fr: Violence conjugale
Garnishee
Noun
A third party who is served notice by a court to surrender money in settlement of a debt or claim.
Example: This authorises wider measures such as distress, garnishee proceedings or a charging order to retrieve the disputed sum.
fr: Saisie-arrêt
Maintenance
Noun
Regular financial support that a person is ordered by a court to give to their spouse during separation or following divorce.
Example: ..... in relation to rent levels, dwelling maintenance and racial or other forms of discrimin.
fr: Maintenance
Marital property
Noun
Example: Although another point to remember is that no matter how liberal a husband may be a woman still held no legal rights over marital property and so in that sense still remained secluded.
fr: Bien matrimonial
Mediation
Noun
A structured, interactive process where an impartial third party assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques.
Example: Although Part II allowed for a no-fault divorce, it requested mediation and a period for "reflection and consideration", attempting to reduce the divorce rate.
fr: Médiation
Petition
Noun
An official document asking a court to take a particular course of action.
Example: But the petition was dismissed on the grounds that there was no cause of action in the petition since there was no prosecution pending against the petitioner.
fr: Pétition
Subpoena
Noun
A writ ordering a person to attend a court.
Example: ... budget, as well as the strength of its powers of SUBPOENA search and seizure unparalleled by any ...
fr: Assignation
Trustee
Noun
An individual person or member of a board given control or powers of administration of property in trust with a legal obligation to administer it solely for the purposes specified.
Example: Mr Supperstone, trustee in bankruptcy of Mr Hurst brought proceedings for the possession and sale of property on an equal basis.
fr: Curateur, Curatrice
Ward
Noun
A person, usually a minor, under the care and control of a guardian appointed by their parents or a court.
Example: In ward, the performance of the pre-existing duty of a mother to care for her child was deemed sufficient consideration for the father's promise to pay her £1 per month to do so.
fr: Tutelle
Warrant
Noun
A legal document that is signed by a judge and gives the police authority to do something.
Example: The genus argument, whilst supported with evidence (Hansard, Ministerial Advice), promotes a vague and speculative stance that moves beyond the normal parameters of judicial creativity; and is at risk of becoming a warrant for judges to promote their own moral standpoints.
