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Caution:  This page contains GENERAL LEGAL INFORMATION ONLY. 
It is NOT LEGAL ADVICE nor a replacement for talking to a lawyer and getting legal advice about your case.    
The law can be complicated and the details of a case can be even more complicated!  There are exceptions for every rule. 
What you do not know can harm you.  Rely on general legal information AT YOUR OWN RISK.

—Legal Terminology [B]—

The following are informal definitions for common terms used in family law (and substituted decision-making law). They are intended to give you a simple but working understanding of these words and phrases. It is not intended to provide a full and formal legal definitions.  The focus is on he family law (or substituted decision-making law) ... the terms may have different definitions in other contexts.

"balance of probabilities"
 more likely than not - the burden of proof in non-criminal or quasi-criminal cases, such as family law cases (by contrast, see beyond a reasonable doubt)
"bar"
 the legal profession (the term comes from the bar or railing in front of the court)
"barrister"
 a lawyer who appears and makes presentations in court (in Ontario, the roles of "Barristers and Solicitor" have been combined)
"bench warrant with discretion"
 a bench warrant that is not to be acted upon until the next court date and is usually rescinded if the person attends
"bench warrant"
 an order to the police to arrest and detain a person who has failed to appear or to remain in attendance, at a hearing.
"bench"
 a judge or judges in general (the term comes from from the furniture they sit on in court)
"beyond a reasonable doubt"
 the amount and quality of evidence  required for a finding of guilt in a criminal or quasi-criminal case - also referred to as a "moral certainty"  - also applies to certain relief in a family law case, such as a contempt motion
"Brief"
 a written statement summarizing the factual and legal arguments (sometimes including any legislation or case law relied on)
"burden of of proof "
the amount or degree of evidence required to establish a disputed assertion as true (see balance of evidence and beyond a reasonable doubt)
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Remember the caution given at the top of this page.
You may copy this article for personal use only.
To prododuce it for other purposes, the consent of Michaud Family Law is required.

Michaud Family Law     •    416-707-7976    •    2 County Court Blvd., Suite 434, Brampton, Ontario, L6W 3W8

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