Legal Dictionary


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A

Ad Hoc
(Latin) For a specific purpose.

Affidavit
Written Statement sworn under oath before authorized officer or notary.

Amicus Curiae
(Latin) Friend of the court; counselor assisting and seeking to persuade court on a case to which he or she is not a party.

Appeal
Procedure by which a case is brought from lower to higher court (or
committee) for revised ruling or rehearing.

Applicant
An individual who has applied to the Legal Services Board for Legal Aid.
 

B

Bail
Payment of bond that is forfeited if one fails to appear in court.

Bail bond
Obligation to pay bail if defendant fails to appear in court.

Bar
Entire body of lawyers and counselors-at-law.

Bar Association
Local or Territorial/Provincial organization of lawyers either voluntary or mandatory registered in that jurisdiction.

Bond
Written, sealed obligation to pay sum of money.

Brief
      Lawyer's written presentation of statutory and case law to support client's case.

Brydges decision
A Supreme Court decision which stipulated that when an accused expresses concern about his right to counsel depending on his ability to afford a lawyer, the police must inform the accused of the existence of Legal Aid and Duty Counsel.
 

C

Case
Court action, cause, suit or controversy.

Case law
Precedent setting judicial opinion, not written down in statutes.

Certificates
See Legal Aid Certificates.

Charter of Rights and Freedoms
Guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Child & Family Services Act
Provides the legislative foundation for child protection, and adoption.

Civil action
Lawsuit between private parties, usually to recover money, property, or remedies, or to enforce rights.

Civil Case
Lawsuit between private parties, as distinguished from criminal case.

Civil law
Codes, statutes, and case law governing civil actions.

Client

• Person hiring an attorney as a representative;
• Person receiving Legal Aid;

Code
Systematic statement of body of law.

Common law      

• Precedents set by court decisions;
• Status of a relationship between a man and a woman who have cohabited for a set period of time without being legally married

Confidential communication
Exchanges, especially between client and lawyer, protected from disclosure to others by legal privilege.

Court Worker
Front line worker for the Legal Services board, Court Worker's are responsible for determining eligibility for legal aid, Court Worker's are not lawyers and cannot answer legal questions.

Criminal law
Statutes and common law of crimes and their punishment.
 

D

De facto
(Latin) Literally actual, in reality;

      How matters are by custom though not required to be thus.

De jure
(Latin) Literally by right, by law;

How the law requires that matters be.

Dependent

• The spouse of an applicant;
• A child of the applicant who is under the age of 18 at the time of application;
• A child of the applicant who is over the age of 18 at the time of application and is unable, by reason of mental or physical disability, to earn a livelihood;
• Any other child who, in the opinion of an officer or designate, is financially dependent upon the applicant

Dependent adult
An adult who can not look after themselves for physical or mental reasons.

Duty Counsel Services
Services provided by a duty counsel lawyer are available to everyone regardless of their eligibility for Legal Aid. Duty counsel lawyers can give advice and perform other tasks. They do not become involved in trials.
 

E

Equity
Natural right or justice.

Estate
Grouping of all property of a person.

Ex post facto
(Latin) Literally after the fact; fixing or changing punishment for an act after it was committed.
 

F

Family

• The applicant and his dependents (or in the case of youths his parents or guardians);
• Dependents may include an applicant's spouse, common law spouse, a child of the applicant if the child is under the age of eighteen, any other child who is financially dependent on the applicant

Fee
Lawyer's charge for his services.

Financial Eligibility
Criteria for an applicant for Legal Aid, the income and assets of an applicant must fall between set guidelines.

G

Gross Family Income
All monies received by a family before any deductions whatsoever.

Guardian
One legally empowered to manage the affairs of a minor or incompetent person.

H

Hearing
Preliminary court examination of contested issues in criminal and civil proceedings.

Hybrid Offences
Offences where the crown has the choice to treat the offences as indictable offences or summary offences.

I

Indictable Offence
An indictable offence is more serious than a summary conviction offence. Conviction of an indictable offence exposes you to greater penalties than summary offences.

J
 
Joint Custody
Sharing of child's upbringing by divorced parents.

Justice
Establishment and administration of rights based on rules of law and equity.

K

L

Law

• Body of recognized rules of conduct and order established and enforced by government;
• Rule of conduct or action formally recognized as binding and enforced by controlling authority

Law Society
Means the Law Society of the NWT.

Lawyer
An individual who is a barrister and solicitor who is entitled to practice law in the
NWT.

Legal Aid
Legal services provided by a lawyer or student-at-law.

Legal Aid Client
An applicant whose application for legal aid has been approved by the Legal Services Board.

M
 

N
 

O
 

P

Private Bar
Lawyers who work for a member of the public, not government.

Privileged communications
Statements and confidences that cannot be inquired into by others or made basis for suit, especially between lawyer and client, husband and wife, or doctor and patient.

Pro bono

• (Latin) Literally for the good;
• Legal work taken on behalf of the public for little or no fee.

Q

R

Resident of the NWT
An individual who makes his home and is ordinarily present in the NWT.

Retainer
Advance fee paid on hiring lawyer's services.

Roster
Lawyers who wish to accept legal aid cases belong to the Legal Aid Roster.

S

Substantive
Having baring on fundamental rights and merits as opposed to procedural aspects of a case.

Substantive Eligibility
This is eligibility criteria which does not depend on finances, it includes criteria such as the type of legal problem and the merit of the case.

Summary Conviction Offences
Summary conviction offences encompass the most minor offences in the Criminal Code. Unless a different penalty is specified, summary conviction offences are punishable by a fine up to $2000 or six months' jail or both.

T

Tariff of Fees (Tariff)
The Legal Aid Tariff of Fees dictates how lawyers accounts should be paid.

Trustee
A trustee is a person who is granted the power to make decisions regarding a dependent adults finances and estate.

U

Unwritten law
Law based on custom rather than legislative statue.

V
 

W

Ward
Minor child or incompetent person in care of guardian.

X
 

Y

Young Criminal Justice Act
An Act which provides the groundwork for how young persons are dealt with in the legal system.

Z