AOS 1 Flashcards
Sanctions
Criminal Law
An area of law that defines behaviours and conduct that are prohibited and outlines sanctions for people who commit them.
Prosecution
The lawyers prepare a criminal case and take it to court on behalf of the state, the victim and society.
Director of Public Prosecutions (DPP)
The independent officer responsible for commencing, preparing and conducting prosecutions of indictable offences on behalf of the Crown.
Office of Public Prosecutions (OPP)
The Victorian public prosecutions office that prepares and conducts criminal proceedings on behalf of the Director of Public Prosecutions
Indictable Offence
A serious offence is generally heard before a judge and a jury in the County Court or Supreme Court of Victoria.
Summary Offence
A minor offence is generally heard in the Magistrate’s Court of Victoria.
Accused
A person charged with a criminal offence.
Sanction
A penalty imposed by a court on a person guilty of a criminal offence.
Fairness (Sanctions)
Ensuring equitable legal processes are in place, and all parties receive an unbiased hearing.
Equality (Sanctions)
Ensuring all people are treated the same before the law, with an equivalent opportunity to present their case.
Access (Sanctions)
Ensuring individuals in society have an ‘understanding of legal rights and ability to pursue their case’.
Bail
The release of an accused person from custody on the condition that they will attend the court hearing to answer the charges.
Rule of Law
The principle that everyone in society is bound by law and must obey the law, and that laws should be fair and clear, so people are willing and are able to obey them.
Delegated Body
An authority or agency given power by parliament to make and/or enforce laws.
Act of Parliament
A law made by parliament.
By-laws
Local laws or regulations made by local councils that apply to residents in local areas.
Appeal
An application to have a higher court review a ruling made by a lower court.
Doctrine of Precedent
The common law principle by which the reasons for the decisions of higher courts are binding on courts ranked lower in the same hierarchy in cases where the material facts are similar.
Jurisdiction
The lawful authority of a court, tribunal or other dispute resolution body to decide legal cases.
Committal Hearing
A hearing is held as part of the committal proceeding. At a committal hearing, a magistrate decides whether there is sufficient evidence to support a conviction for the offence charged.
Case Management
- A method used by courts and tribunals to control the progress f legal cases effectively and efficiently.
- Case management generally involves the person presiding over the case making orders and directions in the proceeding.
Orders
The way in which the instructions, decisions or directions of a court or tribunal are described. They can be given during the course of a proceeding or at the end of a proceeding.
Directions
Instructions given by the court to the parties about time limits and the way a civil proceeding is the be conducted.
Jury
An independent group of people chosen at random to decide on the evidence on a legal case and reach a decision.