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ALFORD PLEA - A special type of guilty plea by which a defendant does not admit guilt but concedes that the State has sufficient evidence to convict; normally made to avoid the threat of greater punishment. Source: Black's Law Dictionary (1996);
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The following glossary is intended as a brief introduction to the terms and phrases provided and should not be considered a definitive source for defining the terms. The descriptions are intended to be more practice oriented than technical. For a more thorough definition of terms, refer to a legal dictionary, such as Black’s or Barron’s. aka
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Common Law: This phrase has a number of different meanings: 1) a legal principle under which courts are bound to follow the principles established by previous courts in similar cases dealing with similar facts; 2) the system of justice used in all provinces except Quebec; and, 3) the legal status of an unmarried couple who have cohabited for ...
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Act
1. A bill which has passed through the various legislative steps required for it and which has become law, may be called a statute or an act. (Loi)
Address for service
1. In respect of a party who has no solicitor of record, the address shown on the last document filed by the party that indicates an address in Canada. In respect of a party who has a solicitor of record, the address of the solicitor of record shown on the last filed document that indicates an address. (Adresse aux fins de signification)
Adjournment
1. When a court hearing is postponed to another date or postponed indefinitely (without a set date), it is called an adjournment. (Ajournement)
Bench warrant
1. A warrant issued by a judge for the arrest of a person who has been held in contempt, has disobeyed a subpoena, or has failed to appear or remain in attendance at a hearing or trial. (Mandat d’amener)
Case law
1. The collection of reported cases that form the body of law within a given jurisdiction and form precedents for future cases. (Droit jurisprudential)
Certified copy
1. In respect of a document in the custody of the Registry means a copy of the document certified by an officer of the Registry. (Copie certifiée)
Chambers
1. A judge's private room or office where he or she works when court is not in session. (Cabinet)
Debtor
1. One who owes money to another person. (Débiteur)
Decision
1. A judgment, order or other determination made by a judge or an associate judge, verbally or in writing. (Décision)
Default Judgment
1. Where a defendant fails to serve and file a statement of defence within the time set out in the Rules or any other time fixed by an order of the Court, the plaintiff may bring a motion for judgment against the defendant. (Jugement par défaut).
Evidence
1. The oral and written statements and information and any actual things produced in a proceeding; anything which may be used to prove a fact or support an assertion. (Preuve)
Exhibit
1. This is a paper, document or piece of physical evidence provided to the court at a trial or hearing, or it can form part of an affidavit, as an attachment. (Pièce)
Ex Parte
1. An application to the court where the other side is not given notice and is not present at the hearing. (Ex parte)
Filing of documents
1. This is the process of adding documents to a court file by sending them to the Registry for the purpose of filing by delivery, mail, fax or electronic transmission. There is a fee to file some documents. (dépôt)
Final judgment
1. Any judgment or other decision that determines in whole or in part any substantive right of any of the parties in controversy in any judicial proceeding. (Jugement définitif)
Garnishee
1. The person who owes a judgment debtor money and against whom the court issues garnishment proceedings. (Tiers saisi)
Garnishment
1. A legal process in which a creditor asks the Court to order a third party who is indebted to a debtor, to turn over to the creditor any of the debtor’s property (such as wages or bank accounts), that is held by the third party. (Saisie-arrêt)
Hearing
1. When a matter is heard by a judge in a courtroom or elsewhere, by means of a telephone conference call, video-conference or any other form of electronic communication, it is called a hearing. (Audience)
Hearsay
1. Evidence that is offered by a witness of which they do not have direct knowledge, but rather their testimony is based on what others have said to them. In general, hearsay evidence is not admissible in court. (Ouï-dire)
Holiday
1. Means a Saturday, Sunday or any other day defined as a holiday in subsection 35(1) of the Interpretation Act. (Jour férié)
Inadmissible
1. Not allowable. (Inadmissible)
In camera
1. An in camera hearing is held in private and not open to the general public. (À huis clos)
Injunction
1. A court order commanding or preventing an action. (Injonction)
Jurisdiction
1. The power and authority of a court to hear a particular matter and decide certain issues. The jurisdiction of the Federal Court is conferred by the Federal Courts Act and, at present, close to a hundred other applicable federal statutes. (Compétence)
Glossary of Legal Terms. Action. A judicial proceeding where one party takes another party to court for the redress of a wrong. An action is commenced by the filing of a plaintiffs claim that details a cause of action. Adjournment. The rescheduling of a hearing to another time and/or place.
Search more than 10,000 legal words and phrases for clear definitions written in plain language. An easy-to-understand guide to the language of law from the dictionary experts at Merriam-Webster.
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A civil, not criminal, wrong. A negligent or intentional injury against a person or property, with the exception of a breach of contract. Check out uscourts.gov for the full glossary of court terms!
