Tag Archives: Glossary

Legal Word of the Day: “Judicial Review”

“Judicial Review” — A procedural oversight process, to determine whether a decision-maker exceeded its statutory mandate or breached principles of procedural fairness in reaching a decision. The Judicial Review court can issue orders for: mandamus, prohibition or certiorari. It can make declarations, or issue injunctions, or both. Judicial Reviews are not appeals. They allow a […]

Legal Word of the Day: “Sophistry”

“Sophistry” – A specious, hair-splitting argument, short on logic, which fails for lack of legal foundation. Sophistry is related to “cavil,” as a legal argument that fails for lack of foundation. Cases that describe or illustrate sophistry include: R. v. Wood, 1995 CanLII 7424 (ON SC) — 1995-04-25. In Wood, a professional engineer argued his […]

Legal Word of the Day: “Estreat”

Estreat — To enforce a recognizance that has been forfeited, by means of an extract of the record in which fines or recognizances are laid down. Related Cases: This case deals with bail estreats under ss. 770 and 771 of the Criminal Code of Canada. R. v. Prévost, 2005 CanLII 33296 (ON SC) “The Crown […]

Legal Word of the Day: “Vitiate”

“Vitiate” — Reduce or diminish the effect or enforceability of an agreement or consent — in whole or in part. Where duress, threats and the like were used to gain acceptance to the terms of a document or contract, the effect will be to vitiate that agreement. Certain circumstances may vitiate consent to a sexual […]

Legal Word of the Day: “Putative”

Putative — Believed or accepted to be true; apparently valid. Related Cases: Two wives, one pension: Nash v. Canada (Attorney General), 2013 FC 683 (CanLII) R. v. Mossavat, 1995 CanLII 223 (ON CA) Decision No. 898/10, 2012 ONWSIAT 372 (CanLII)

Legal Word of the Day: “Sub Judice”

Sub Judice — Literally, “under judicial consideration,” this term includes publication bans and is related to contempt of court. The sub judice rule governs whether public statements can be made about ongoing legal proceedings. The rule is based on the concept that the courts’ role to deal with legal issues should not be usurped by […]

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