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Law Dictionary
Fulcrum Law is a Business Law Firm in Vancouver, BC. This dictionary was designed for Canadian Business Owners to better understand legal terms and how it relates to them and their business.
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Inheritance
Inheritance
Inheritance is property a person receives from someone who has died, whether under a will or under the intestacy rules where there is no will. In BC the estate is administered by an executor or administrator, and beneficiaries receive what remains after debts, taxes and expenses are paid.
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In-house counsel
In-house counsel
In-house counsel is a lawyer employed by a business, rather than retained from a law firm, to advise that business as their client. In British Columbia, an in-house lawyer giving legal advice must be a practising member of the Law Society of British Columbia, and legal advice given in that capacity is protected by solicitor-client privilege.
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In-house legal advice
In-house legal advice
In-house legal advice is legal advice given to a company or organization by a lawyer it employs, rather than by an outside law firm. When the in-house lawyer acts in a legal capacity, the advice is protected by solicitor-client privilege in the same way as advice from outside counsel.
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In-house legal assistance
In-house legal assistance
In-house legal assistance is legal work performed for an organization by lawyers and support staff it employs directly. In-house lawyers must be licensed members of the Law Society of British Columbia to practise in BC, and their client is ordinarily the employer itself rather than outside parties.
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In-house legal consultation
In-house legal consultation
In-house legal consultation means an organization obtaining legal advice from a lawyer it employs rather than from an outside firm. The in-house lawyer gives advice on contracts, compliance, employment and disputes as matters arise. Legal advice given in that capacity is protected by solicitor-client privilege.
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In-house legal counsel
In-house legal counsel
In-house legal counsel is a lawyer employed by a business or organization to advise it directly, rather than practising at an outside law firm. In-house counsel review contracts, manage compliance and risk, supervise outside lawyers and coordinate litigation. Their client is the organization, not its individual directors, officers or employees.
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In-house legal department
In-house legal department
An in-house legal department is the team of lawyers, paralegals and support staff employed within a business or organization to handle its legal work. It usually reports to a general counsel and manages contracts, compliance, corporate records, disputes and outside counsel. The organization itself is the department's client.
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In-house legal representation
In-house legal representation
In-house legal representation means an organization using lawyers it employs, rather than an outside firm, to advise it and act for it in legal matters, including negotiations and some court or tribunal proceedings. The organization is the in-house lawyer's client and directs the work.
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In-house legal services
In-house legal services
In-house legal services are legal services delivered to an organization by lawyers it employs, rather than by an outside law firm. They typically cover contract work, regulatory compliance, employment matters, corporate records and managing disputes. Legal advice given by in-house lawyers in their legal capacity is protected by solicitor-client privilege.
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In-house legal support
In-house legal support
In-house legal support refers to the legal help an organization gets from lawyers and legal staff on its own payroll. It covers routine work such as drafting and reviewing contracts, compliance, corporate records and coordinating litigation with outside counsel. Lawyers in the team must be licensed, and other staff must work under their supervision.
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In-house legal team
In-house legal team
An in-house legal team is a group of lawyers and legal staff employed by an organization to handle its legal affairs. The team advances the organization's interests, which is its proper role, while observing lawyers' professional duties of honesty and integrity. It usually works closely with management and supervises outside counsel.
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Injunction
Injunction
An injunction is a court order requiring a party to stop doing something or, less often, to act. The BC Supreme Court grants interim injunctions under the Law and Equity Act where the applicant shows a serious question to be tried, irreparable harm and that the balance of convenience favours the order, usually on an undertaking as to damages.
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Injunctions
Injunctions
An injunction is a court order requiring a person to stop doing something or, less often, to take a specific step. It may be interim, made before trial to preserve the situation, or permanent, made after trial. Businesses use injunctions to stop breaches of restrictive covenants, misuse of confidential information and intellectual property infringement.
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Innovation
Innovation
Innovation means developing and implementing new products, services or processes. It is a business term rather than a legal one. Legally, the results of innovation are protected through intellectual property rights such as patents, copyright, trademarks and industrial designs, and through confidentiality and contract terms.
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Insolvency
Insolvency
Insolvency is the financial state of a person or company that cannot pay its debts as they come due, or whose property is worth less than its liabilities. Canadian insolvency law is federal: the Bankruptcy and Insolvency Act and, for companies owing over $5 million, the Companies' Creditors Arrangement Act govern bankruptcy, proposals and restructuring.
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Inspection
Inspection
Inspection is an examination of property, goods, work or records to check condition or compliance with standards, laws or contract terms. It is a general term whose legal effect depends on context, such as a buyer's right to inspect goods, a purchaser's inspection subject in a real estate deal, or a regulator's statutory inspection power.
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Insurance
Insurance
Insurance is a contract under which an insurer agrees, for a premium, to pay for specified losses or liabilities. Businesses commonly carry property, commercial general liability, professional liability, cyber and business interruption coverage. Coverage depends on the policy wording, including its exclusions, conditions and limits.
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Intellectual property
Intellectual property
Intellectual property is the group of legal rights in creations of the mind: trademarks, copyright, patents, industrial designs and trade secrets. In Canada the first four are federal rights. Patents and industrial designs require registration with the Canadian Intellectual Property Office, while copyright and trademark rights can exist without it. Trade secrets are protected by contract and breach of confidence.
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International trade
International trade
International trade is the exchange of goods and services across national borders. Its legal framework covers customs and tariffs, import and export controls, sanctions, trade remedies such as anti-dumping duties, and trade agreements. In Canada these matters are federal, not provincial.
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Internet law
Internet law
Internet law is the set of rules that apply to businesses operating online, including privacy, electronic contracts, terms of service, anti-spam rules, copyright, domain names and online defamation. For a British Columbia business it draws on provincial statutes such as PIPA and the Electronic Transactions Act and federal statutes such as PIPEDA, CASL and the Copyright Act.
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Investment
Investment
Investment means committing money or other resources with the expectation of a return, such as buying shares, bonds or real estate or funding a business. It is a general business and finance term. When a business raises investment by issuing shares or other securities, securities law applies.
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Joint accounts
Joint accounts
A joint account is a bank or investment account held in the names of two or more people. The account agreement governs who can deal with the funds. Who actually owns the money, during life or after one holder dies, depends on the parties' intention and is not always the survivor.
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Joint and several bonds
Joint and several bonds
A joint and several bond is a surety bond, such as a performance or labour and material payment bond, in which two or more parties are each liable to the obligee for the full bonded amount. The joint and several wording is a drafting choice in the bond, not a statutory requirement.
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Joint and several contracts
Joint and several contracts
A joint and several contract is one in which two or more parties promise the same obligation so that each is liable for the whole, and the other party may sue any one, some or all of them. A party who pays more than its share can usually seek contribution from the others.
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Joint and several creditors
Joint and several creditors
"Joint and several creditors" is not a recognized legal category in BC. It is sometimes used loosely for several creditors owed the same debt. Their rights depend on the contract, such as a syndicated loan or intercreditor agreement, and no creditor can recover more than is actually owed. The familiar concept is joint and several liability of debtors.
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