1. The following definitions shall apply in this Act/Regulation/Party. Note that the corresponding French terms, including the word or, are italicized if the term appears at the end of a definition in the regulations. A restrictive definition limits the ordinary meaning of a term by setting limits or explicitly excluding them. These definitions usually begin with the word “means” or the words “does not understand.” In this section, the term “time limits” refers to words used in statutes or regulations to describe the limited time within which something must be done. Federal legislation uses a variety of terms to describe them: “as soon as practicable”, “as soon as reasonably possible”, “as soon as practicable”, “immediately”, “immediately”, “within five days”, etc. This article attempts to categorize the types of terms found in legislation describing periods and recommends using standard terms to describe periods that fall into a particular category. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. There are three reasons for defining a term in a legal text: In criminal law, the constitutional guarantee that an accused receives a fair and impartial trial. In civil law, the legal rights of a person who is confronted with an adverse act that threatens liberty or property. Be careful when including the defined word in the definition, as this can create a logical loop. However, this is generally not problematic when a definition limits the scope of the term defined, so the definition may include a particular relationship in the sense: written statements submitted to the court describing a party`s legal or factual claims about the case. Rules of conduct are substantial and should not be included in definitions.
Avoid giving a power of attorney to a person by definition only. The following definition should only be used if the substantive provisions of the text contain an independent power giving the Minister the power to authorize containers: If there is more than one definition, the provision should be introduced by the introductory words: Section 707(b)(2) of the Insolvency Code applies a “means test” to determine: whether an individual debtor`s Chapter 7 filing is presumed to be an abuse of the Bankruptcy Code, which requires rejection or conversion of the claim (usually Chapter 13). Abuse is suspected if the debtor`s total current monthly income (as defined above) over 5 years, less certain legally eligible expenses, is greater than (i) $10,000 or (ii) 25% of the debtor`s non-priority unsecured debt, provided that this amount is at least $6,000. The debtor can only rebut a presumption of abuse by proving special circumstances justifying additional expenses or adjustments to current monthly income. Non-insolvency proceedings in which an applicant or creditor attempts to submit its claim to a debtor`s future wages. In other words, the creditor requests that part of the debtor`s future salary be paid to him for a debt owed to him. Each definition should consist of one or more sentences. In older laws and regulations, definitions were formulated in a single sentence with the following introductory words: “1. In this Act/Ordinance/Part”. Current practice is preferred because it recognizes that each definition is self-contained and allows for multiple sentences for complex definitions. The study of the law and the structure of the legal system has the same meaning (including a definition by reference) as the instructions given by a judge to the jury before it begins its deliberations on the factual questions to be answered and the legislation to be applied. A broad definition adds meaning to the ordinary meaning of a term that it does not normally have.
These definitions usually begin with the word “includes.” This type of definition can be used to broaden the meaning of a term, explicitly including elements that would not otherwise be included. If there is no corresponding word, the phrase “English version only” is used instead. If the definitions section contains only one definition, the introduction and the corresponding French term are omitted. If the definitions are listed alphabetically, a reader looking for the definition of “storage device” probably won`t think to look under “m.” These definitions also violate the rule of consistency of wording – different words should have different meanings. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. Defined words are enclosed in quotation marks and are not capitalized unless they are usually uppercase. If there is only one definition in the provision, it should be a single sentence: a delimiting definition can be used to shorten a long group of words to a single word or a shorter group of words. Before a term is defined in a legal text, all other laws and regulations relating to the same subject should be consulted in order to ensure, to the extent possible, a uniform use of the term.
The recommended terms to describe this period are “as soon as possible” and “as soon as circumstances permit”. “As soon as possible” is also an alternative, but keep in mind that it is a term rarely used outside of legal texts. It is not necessary to always use a formal definition to establish the meaning of a term in a legal text. It is possible to use interpretative provisions that say something about the meaning of words, but are worded as regular provisions without focusing on the words quoted. This can occur if a definition is not to contain a substantive provision. But when is a definition substantial? One test is to consider the meaning that a provision conveys without the definition, for example in “The Minister may appoint qualified persons as members. qualified does not express much in itself – the substantial nature of the content should be added in a following sentence: “A person is qualified to be appointed if the person … On the other hand, the habitat in “The Minister may make interim orders to protect the habitat of a listed wildlife species” gives an independent meaning. A definition would only clarify its meaning. Definitions are grouped alphabetically within their own language group. They are not numbered. The corresponding word in the other language version is indicated in quotation marks French (`.
`) and in italics in marginal notes or square brackets and in italics at the end of the definition in legal texts that do not contain marginal remarks. For example: However, there is a risk that the definition of these terms may not fully grasp their meaning. These concerns can be addressed by using a generic definition so that the meaning of the term evolves and the definition does not become obsolete. An included definition may also be an alternative. However, there is always a risk of confusion if a definition of inclusion is used in these circumstances. 15. The definitions or rules of interpretation contained in an Act apply to all provisions of the order, including those that contain those definitions or rules of interpretation. On the basis of a review of general and legal dictionaries and case law, it is very difficult to argue that a particular expression that does not use certain units of time has a precise meaning that should be used in a particular situation to the exclusion of other expressions. For example, legal dictionaries tend to treat “promptly” and “immediately” as the same meaning.
Another factor that adds to the confusion is the use of variations of expressions that may convey the same meaning. For example, there are the terms often used “as soon as practicable”, while the expressions “as soon as practicable” and “as soon as reasonably practicable in the circumstances” have been used. One distinction is exhaustive. It aims to set limits in the ordinary sense of the terms. These definitions usually begin with the word “average.” to be able to modify the meaning of the defined words according to the circumstances discussed in the definition: Vacatio legis (Latin: absence of law) is a technical term in law that refers to the period between the promulgation of a law and its entry into force. The legal power of a court to hear and decide a particular type of case. It is also used as a synonym for jurisdiction, i.e. the geographical area over which the court has territorial jurisdiction to rule on cases. All legislation, from the drafting conventions of the Conference for the Harmonization of Laws to Driedger and Thornton, advocates moderation in the use of definitions, mainly because they give words an artificial meaning. The definitions require a reader to grasp, understand, and remember a set of terms that differ from the reader`s general understanding. This puts a strain on the reader`s ability to read and understand the content of the text. In order to keep the main rule of conduct clean, it may be desirable to specify the rule and then explain the meaning of the terms used in the rule in the following definitions.
For example, instead of definitions in legal texts are mandatory; They specify what a term in the text should mean.