Legal Terminology Core

Legal Terminology Core

Working reference organized by domain. Original wording throughout.

For authoritative treatment consult Black's Law Dictionary, Oxford's Dictionary of Law, Sullivan on the Construction of Statutes, or Halsbury's Laws of Canada. This skill is a working aid — fast-access, in-context — not a substitute for those sources when accuracy is load-bearing.

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Domain Index

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Section A — Parties, Standing, and Capacity

Petitioner — the party who commences a proceeding by petition (used in BC Supreme Court for judicial reviews and certain applications). Distinct from "plaintiff" (used in ordinary actions) and "applicant" (used in some tribunals).

Respondent — the party responding to a petition or application. Distinct from "defendant" (used in ordinary actions).

Intervener — a person or entity granted leave to participate in a proceeding they did not commence, because they have a genuine interest in the outcome. Public-interest intervention is possible under limited conditions.

Standing — the legal right to bring a proceeding. Private standing requires that the party's own rights or interests are directly affected. Public interest standing is available where three factors are met (see Downtown Eastside Sex Workers 2012 SCC): (1) a serious justiciable issue, (2) the party has a genuine interest, (3) the proposed action is a reasonable and effective way to bring the issue before the court.

Capacity — the legal ability to sue or be sued. Individuals over the age of majority generally have full capacity. Minors, persons under mental incapacity, and certain entities require special procedures (litigation guardian, committee, etc.).

Self-represented litigant — a party who conducts their own litigation without counsel. Courts generally afford self-reps some procedural latitude while still requiring substantive compliance with rules.

Amicus curiae — literally, "friend of the court." A person appointed by the court, usually a lawyer, to assist the court on a point of law or to represent an interest not otherwise represented. Distinct from an intervener because the amicus serves the court, not a party.

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Section B — Pleadings, Forms, and Procedural Documents

Petition — the originating document in a petition proceeding. In BC Supreme Court, Form 66 is the standard for judicial reviews and many other petition matters.

Notice of civil claim — the originating document in an ordinary action. In BC Supreme Court, Form 1.

Response — the document filed by the respondent in reply to a petition. In BC Supreme Court judicial review, this responds to the grounds and factual assertions in the petition.

Reply — a further document, sometimes permitted, in which the petitioner addresses new material raised in the response.

Affidavit — a written statement of facts, sworn or affirmed before a person authorized to administer oaths. Evidence in most petition proceedings. In BC Supreme Court, Form 109 is the standard affidavit form.

Exhibits — documents or other materials attached to and referenced in an affidavit. Each exhibit is typically marked (Exhibit "A", "B", etc.) and identified by the affiant.

Factum — a written argument setting out the party's position, the issues, the facts, the law, and the relief sought. Some courts use "outline" or "written submissions" for equivalent documents. BC Supreme Court petition proceedings often use "written submissions."

Book of authorities (BOA) — a bound (physical or electronic) collection of the cases, statutes, and other authorities the party intends to rely on. Each authority is tabbed. See canlii-boa-builder for detailed treatment.

Chambers record — the collected documents provided to a chambers judge in advance of a hearing, typically including the petition, response, affidavits, and written submissions.

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Section C — Service, Notice, and Time

Service — the formal delivery of a document to a party or their counsel in a manner authorized by the rules or a court order.

Personal service — service by handing the document to the person themselves. Required for originating documents in most cases.

Alternative service / substituted service — service by means other than personal, authorized by court order where personal service is impracticable.

Service ex juris — service outside the jurisdiction. Requires compliance with the rules governing extra-provincial service.

Deemed service — service treated as effective on a specified date by operation of the rules (e.g. mail deemed served on the 7th day after mailing, subject to rebuttal).

Notice — a communication informing a party of a matter. Some notices are statutory (e.g. RTA notices to end tenancy). Others are procedural (e.g. notice of hearing).

Limitation period — the time within which a proceeding must be commenced. Missing a limitation period generally defeats the claim absolutely, subject to narrow exceptions.

Filing deadline — the time within which a document must be filed. Failure to meet a filing deadline may result in the document being rejected, though extensions are sometimes possible.

Return date — the date on which a hearing has been scheduled to proceed.

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Section D — Motions, Applications, and Interlocutory Matters

Application — a request to the court for a specific order, usually made within an existing proceeding.

Motion — used in some jurisdictions (Ontario, federal) for what BC calls an application. In BC, "application" is the standard term.

Interlocutory — of or relating to an intermediate step in a proceeding, before final disposition. Interlocutory orders can often be appealed under different rules than final orders.

Ex parte — proceeding without notice to the other side. Generally disfavoured except in genuine emergencies (e.g. Anton Piller orders, Mareva injunctions) or where the rules explicitly permit (e.g. certain default matters).

On notice — proceeding with notice to the other side. The default.

Stay — an order suspending a proceeding or the effect of an order. An interim stay pauses the effect of a decision under review until the review is decided.

Injunction — an order requiring or restraining conduct. Interlocutory injunctions are governed by the RJR-MacDonald test: (1) serious issue to be tried, (2) irreparable harm, (3) balance of convenience.

Dismissal motion — an application to dismiss a proceeding, typically on the ground that it discloses no reasonable cause of action, is frivolous or vexatious, or is an abuse of process.

Summary judgment / summary trial — procedures for resolving a matter without a full trial where the record permits a fair adjudication.

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Section E — Evidence Terminology (Overview)

See evidence-law-canada for full treatment. Core terms:

Relevance — evidence tends to make a material fact more or less probable than it would be without the evidence.

Materiality — the fact the evidence tends to prove is one that matters to the issues in the proceeding.

Admissibility — a rules-based determination that the evidence may be received by the court. Admissibility is a threshold question distinct from weight.

Weight — how persuasive the evidence is once admitted. Weight is for the trier of fact.

Hearsay — an out-of-court statement offered for the truth of its contents. Presumptively inadmissible, subject to exceptions and the principled approach.

Privilege — a rule protecting certain communications from disclosure (solicitor-client, litigation, settlement, spousal).

Judicial notice — the court's acceptance of a fact without formal proof, either because the fact is notorious or capable of immediate verification.

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Section F — Torts

Tort — a civil wrong, other than breach of contract, for which the law provides a remedy.

Negligence — the tort founded on breach of a duty of care. Elements: (1) duty of care owed, (2) breach of the standard of care, (3) causation (both factual and legal), (4) actual damage.

Duty of care — the legal obligation to take reasonable care to avoid foreseeable harm to persons closely and directly affected by one's acts or omissions.

Standard of care — the level of care a reasonable person in the defendant's position would exercise.

Causation — the connection between the defendant's conduct and the plaintiff's harm. Factual causation is usually determined by the "but-for" test; legal causation asks whether the harm is too remote.

Nuisance — unreasonable interference with the use or enjoyment of land.

Trespass — direct physical intrusion onto land, chattels, or the person of another, without lawful justification.

Defamation — a communication that lowers the plaintiff's reputation in the estimation of reasonable persons. Libel is written or in permanent form; slander is spoken or in transient form.

Intentional infliction of mental suffering — the tort of intentional, flagrant, or outrageous conduct calculated to produce and producing psychiatric injury.

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Section G — Contracts

Contract — a legally binding agreement between two or more parties with the elements of offer, acceptance, consideration, intention to create legal relations, and capacity.

Offer — a manifestation of willingness to enter into a contract on specified terms, made with the intention that it will become binding upon acceptance.

Acceptance — an unequivocal assent to the terms of an offer, communicated to the offeror.

Consideration — something of legal value given in exchange for a promise. Under Canadian common law, a promise without consideration is generally not enforceable (though promissory estoppel provides limited protection).

Repudiation — a party's manifestation of intention not to perform the contract, either express or through conduct.

Breach — failure to perform a contractual obligation. May be actual (failure at the time of performance) or anticipatory (advance manifestation of intention not to perform).

Fundamental breach — a breach going to the root of the contract, entitling the innocent party to treat the contract as repudiated.

Frustration — the doctrine that a contract is discharged where supervening events without the fault of either party render performance radically different from what was contemplated.

Unconscionability — the doctrine that a contract or term may be set aside where inequality of bargaining power results in an improvident bargain.

Rescission — the equitable remedy of setting aside a contract and restoring the parties to their pre-contract positions.

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Section H — Property

Real property — land and things affixed to land.

Personal property — movable property. "Chattels" is an older term.

Fee simple — the largest estate in land, held perpetually and inheritable without restriction.

Leasehold — an estate in land for a fixed or renewable term, held under a lease from a landlord.

Easement — a right to use another's land for a specified purpose (e.g. a right of way).

Restrictive covenant — a promise restricting the use of land, running with the land in some circumstances.

Trust — an equitable arrangement in which a trustee holds property for the benefit of a beneficiary.

Bona fide purchaser for value without notice — a purchaser who acquires legal title in good faith, for consideration, without notice of prior competing interests. In equity, protected from most equitable claims against the property.

Priority — the order in which competing interests in property are enforced. Registration systems (like the BC Land Title System) largely displace common-law priority rules for registered interests.

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Section I — Equity and Trusts

Equity — the body of doctrine developed historically by the Court of Chancery to supplement the common law. In modern Canadian practice, equity and common law are administered by the same courts but remain conceptually distinct.

Equitable maxim — a general principle guiding the exercise of equitable discretion. Examples: "Equity looks to substance rather than form"; "Delay defeats equity" (laches); "He who seeks equity must do equity."

Fiduciary — a person who owes another a duty of loyalty and utmost good faith arising from a relationship of trust and confidence.

Fiduciary duty — the obligation of loyalty and utmost good faith owed by a fiduciary to the beneficiary of the relationship.

Constructive trust — an equitable remedy imposed where the conscience of the holder of legal title is affected such that they should not retain the beneficial interest.

Resulting trust — a trust arising from the presumed intention of a transferor where legal title has been transferred but the beneficial interest is presumed to remain with the transferor.

Tracing — the equitable process of following value through changes in its form or through changes of hands.

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Section J — Restitution and Unjust Enrichment

Restitution — a body of law concerned with the disgorgement of benefits unjustly retained.

Unjust enrichment — the cause of action requiring (1) an enrichment of the defendant, (2) a corresponding deprivation of the plaintiff, and (3) the absence of any juristic reason for the enrichment.

Juristic reason — a legally recognized basis for the retention of a benefit (e.g. a valid contract, a gift, a statutory obligation). Its absence is the third element of unjust enrichment.

Quantum meruit — the reasonable value of services rendered where no contract fixes the price. Also used in some restitutionary claims.

Change of position — a defence to unjust enrichment where the defendant, in reliance on the receipt, has changed their position such that restitution would be inequitable.

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Section K — Remedies

Damages — monetary compensation.

Compensatory damages — damages measured by the plaintiff's loss.

Nominal damages — a token amount awarded to vindicate a right where no substantial loss is proved.

Aggravated damages — additional compensatory damages for injury to feelings or dignity caused by the defendant's conduct.

Punitive damages — damages awarded to punish the defendant for malicious, oppressive, or high-handed conduct. Available only in narrow circumstances (see Whiten v Pilot Insurance 2002 SCC).

Specific performance — an equitable order requiring performance of a contract, available where damages would be inadequate.

Injunction — an order requiring or restraining conduct.

Declaratory relief — a court declaration of the parties' legal rights, without any coercive order.

Certiorari — a prerogative remedy setting aside the decision of a lower tribunal. In modern practice, subsumed within judicial review.

Mandamus — a prerogative remedy compelling a public officer to perform a legal duty.

Prohibition — a prerogative remedy restraining a lower tribunal from proceeding in excess of jurisdiction.

Habeas corpus — the writ requiring a person detained to be brought before a court to test the legality of the detention.

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Section L — Administrative Law (Overview)

See administrative-law-canada for full treatment. Core terms:

Judicial review — the process by which a superior court reviews the decision of a statutory tribunal or decision-maker.

Standard of review — the intensity of review the court will apply. Post-Vavilov (2019 SCC 65), the standards are correctness and reasonableness, with patent unreasonableness preserved for BC tribunals under ATA s.58.

Procedural fairness — the duty owed by administrative decision-makers to give affected parties a fair process, including notice, an opportunity to be heard, and an unbiased decision-maker.

Jurisdictional error — an error going to the tribunal's authority to decide. Post-Vavilov, the concept of "true jurisdictional questions" has been eliminated in the correctness analysis.

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Section M — Statutory Interpretation (Overview)

See statutory-interpretation for full treatment. Core terms:

Modern approach — the approach mandated by Rizzo & Rizzo Shoes 1998 SCC and reaffirmed in Vavilov: words of the statute are read in their entire context, in their grammatical and ordinary sense harmoniously with the scheme and object of the Act and the intention of Parliament.

Plain meaning — the ordinary sense of the words of the statute.

Purposive interpretation — interpretation that gives effect to the purpose of the statute.

Ejusdem generis — the interpretive rule that a general term following specific terms is limited to things of the same kind as the specific terms.

Expressio unius est exclusio alterius — the interpretive rule that the express mention of one thing implies the exclusion of others.

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Section N — Latin Maxims in Active Use

Many Latin maxims survive because they compactly express doctrinal principles. Only the ones still routinely invoked in modern practice are included here.

Actus reus — the guilty act. The physical element of a criminal offence.

Mens rea — the guilty mind. The mental element of a criminal offence.

Res judicata — literally, "a matter judged." The doctrine barring re-litigation of matters already decided between the same parties.

Res ipsa loquitur — literally, "the thing speaks for itself." A common-law inference of negligence permitted where the harm is one that does not ordinarily occur without negligence and the instrument was under the defendant's control.

Volenti non fit injuria — literally, "to a willing person, no injury is done." The defence of voluntary assumption of risk.

Nemo judex in causa sua — literally, "no one may be judge in their own cause." The rule against bias in adjudication.

Audi alteram partem — literally, "hear the other side." The right to be heard, a core component of procedural fairness.

Ratio decidendi — literally, "the reason for the decision." The binding legal principle of a case.

Obiter dictum — literally, "said in passing." A judicial statement not necessary to the decision, persuasive but not binding.

Stare decisis — literally, "to stand by things decided." The doctrine of binding precedent.

Prima facie — literally, "at first appearance." Evidence sufficient to establish a fact unless rebutted.

In personam — a right or remedy operating against a specific person.

In rem — a right or remedy operating against a thing or against the world.

Ex parte — proceeding without notice to the other side.

Ex post facto — after the fact.

Pro se / In propria persona — for oneself; representing oneself.

Amicus curiae — friend of the court.

Quantum — the amount, especially of damages.

Sui generis — of its own kind; unique.

Ultra vires — beyond the powers. An act done outside the authority of the person or body doing it.

Intra vires — within the powers.

Ex aequo et bono — according to what is equitable and good; a decision-making standard sometimes used in international arbitration.

Bona fide — in good faith.

Mala fide — in bad faith.

Habeas corpus — you shall have the body. The writ testing the legality of detention.

Ipse dixit — literally, "he said it himself." A bare assertion without support.

Nunc pro tunc — literally, "now for then." A retroactive order treating a past act as done at the correct time.

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Reference Files

• references/procedural-glossary-bc.md — expanded BC-specific procedural terminology
• references/tort-elements-checklist.md — element checklists for common torts
• references/contract-elements-checklist.md — element checklists for contract issues
• references/equity-doctrines.md — expanded treatment of equitable doctrines
• references/latin-maxims-expanded.md — expanded Latin maxim reference

Templates

• templates/terminology-note.md — for adding a new term to your working glossary

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How to Use This Skill

1. As a first-pass lookup when you encounter a term. Get the concept.
2. Then, when accuracy matters (drafting, argument, submission), verify against Black's, Oxford's, Halsbury's, or the relevant statute or case.
3. When drafting, use terminology consistently. Pick a term and stick to it — mixing "petitioner" and "applicant" in the same document, or "chattels" and "personal property", is a sign of hasty drafting.

Integration Points

• bc-tenancy-substantive, bc-tenancy-procedure, bc-tenancy-advanced — RTA-specific terminology sits alongside these general terms
• bc-judicial-review-guide — procedural terms A–D are directly used
• administrative-law-canada — Section L expanded there
• evidence-law-canada — Section E expanded there
• statutory-interpretation — Section M expanded there
• argument-architecture — precise terminology strengthens argument structure
• critical-reading — helps identify what's actually being said in dense documents