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Year 11 VCE Legal Studies - Oxford 15th edition > Chapter 2 - The Presumption of Innocence & Chapter 3 - Legal Foundations > Flashcards

Chapter 2 - The Presumption of Innocence & Chapter 3 - Legal Foundations Flashcards

1
Q

obiter dictum

A

A Latin term meaning ‘by the way’; comments made by the judge in a particular case that may be persuasive in future cases (even though they do not form a part of the reason for the decision and are not binding)

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2
Q

Ratio decidendi

A

A laying term meaning ‘the reason’; the legal reasoning behind a judge’s decision. Ratio decidendi forms the binding part of a precedent

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3
Q

stare decisis

A

A Latin term meaning ‘let the decision stand’. The basic principle underlying the doctrine of precedent

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4
Q

Abrogate (abrogation)

A

To abolish or cancel a law (eg the cancellation of common law by passing an Act of Parliament)

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5
Q

Access

A

One of the principles of justice; in VCE Legal Studies access means that all people should be able to engage with the justice system and its processes on an informed basis

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6
Q

Accused

A

A person charged with a criminal offence but who has not been found guilty or pleaded guilty

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7
Q

Act of Parliament

A

A law made by parliament; a bill that has passed through parliament and has received royal assent (also known as a statute)

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8
Q

Appeal

A

An application to have a higher court review a ruling (decision)

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9
Q

Apprehended bias

A

A situation in which a fair-minded lay observer might reasonably believe that the person hearing or deciding a case (eg a judge or magistrate) might not bring an impartial mind to the case

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10
Q

Australian Constitution

A

A set of rules and principles that guide the way Australia is governed. The Australian Constitution is set out in the Commonwealth of Australia Constitution Act

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11
Q

Bias

A

A prejudice or lack of objectivity in relation to one person or group

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12
Q

Bicameral Parliament

A

A parliament with two houses (also called chambers). In the Commonwealth Parliament, the two houses are the Senate (upper house) and the House of Representatives (lower house). In the Victorian Parliament, the two houses are the Legislative Council (upper house) and the Legislative Assembly (lower house)

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13
Q

Bill

A

A proposed law that has been presented to parliament to become a law. A bill becomes an Act of Parliament once it has passed through all the formal stages of law-making (including royal assent)

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14
Q

Binding precedent

A

The legal reasoning for a decision of a higher court that must be followed by a lower court in the same jurisdiction (ie court hierarchy) in cases where the material facts are similar

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15
Q

Cabinet

A

The group of senior ministers in a government made up of the Prime Minister (or the premier at a state level) and senior government ministers who are in charge of a range of portfolios. Cabinet decides which bills or legislation should be presented to parliament

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16
Q

Characteristics of an effective law

A

The law must be clear, understood, known and enforceable
The law must uphold the right that people are innocent until proven guilty
Hearings and trials must be heard by independent and impartial adjudicators
The law must be applied equally and fairly

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17
Q

Civil dispute

A

A disagreement between two or more individuals (or groups) in which one of the individuals (or groups) makes a legal claim against the other

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18
Q

Civil Law

A

An area of law that defines the rights and responsibilities of individuals, groups and organisations in society and regulates private disputes

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19
Q

Coalition

A

An alliance or joining together of two or more parties, usually to form government

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20
Q

Codify (codification)

A

To collect all law on one topic together into a single statute

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21
Q

Common law

A

Law made by judges through decisions made in cases; aka case law or judge-made law (as opposed to statute law)

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22
Q

Contract law

A

An area of civil law governing the validity and enforceability of agreements made between two or more parties

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23
Q

Court Hierachy

A

The ranking of courts from lowest to highest according to the seriousness and complexity of the matters they deal with

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24
Q

Crime

A

An act (ie undertaking an action) or omission (ie failing to undertake an action) that is against an existing law, harmful for both to an individual and to society, and punishable by law (by the state)

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25
Q

Criminal law

A

An area of law that defines behaviours and conduct that are prohibited (ie crimes) and outlines sanctions (ie penalties) for people who commit them

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26
Q

Damages

A

An amount of money that one party is ordered to pay to another party for loss or harm suffered. It is most common remedy in a civil claim

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27
Q

Defendant

A

(In a civil case) a party who is alleged to have breached a civil law and who is being sued by a plaintiff

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28
Q

Disparity

A

A situation in which two or more things or people are not equal, and the inequality causes unfairness

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29
Q

Doctrine of precedent

A

The rule that 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

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30
Q

Election

A

The process whereby eligible people vote to choose a person to hold a position in a body or organisation (eg a member of a house of parliament)

31
Q

Equality

A

One of the principles of justice; in VCE Legal Studies, equality means people should be treated in the same way, but if the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow all to engage with the justice system without disparity or disadvantage

32
Q

Evidence

A

Information, documents and other materials used to prove the facts in a legal case

33
Q

Fairness

A

One of the principles of justice; in VCE Legal Studies, fairness means all people can participate in the justice system and its processes should be impartial and open

34
Q

Federation of Australia

A

The union of sovereign states that gave up some of their powers to a central authority to form Australia

35
Q

Government

A

The ruling authority with power to govern, formed by the political party or parties (known as a coalition) that holds the majority in the lower house in each parliament. The members of parliament who belong to this political party form the government

36
Q

Governor

A

The king’s representative at the state level

37
Q

Governor-General

A

The King’s representative at the Commonwealth level

38
Q

House of Representatives

A

The lower house of the Commonwealth Parliament

39
Q

Human Rights Charter

A

The Charter of Human Rights and Responsibilities Act 2006 (Vic). Its main purpose is to protect and promote human rights

40
Q

Imprisonment

A

A sanction that involves removing the offender from society for a stated period of time and placing them in prison

41
Q

Independents

A

Individuals who stand as candidates in an election or are elected to parliament but do not belong to a political party

42
Q

Jurisdiction

A

The lawful authority (ie power) of a court, tribunal or other dispute resolution body to decide legal cases

43
Q

Jury

A

An independent group of people chosen at random to determine questions of fact in a trial and reach a decision (ie a verdict)

44
Q

Laws

A

Legal rules made by a legal authority that are enforceable by the police and other agencies

45
Q

Lawyer

A

A general term used to describe somebody who has been trained in the law and is qualified to give legal advice (eg a barrister or solicitor)

46
Q

Legislative Assembly

A

The lower house of the Victorian Parliament

47
Q

Legislative Council

A

The upper house of the Victorian Parliament

48
Q

Minister

A

A member of parliament who is a member of the party in government and who is in charge of a particular area of government (such as education)

49
Q

Non-legal rules

A

Rules made by private individuals or groups in society, such as parents and schools, that are not enforceable by the courts

50
Q

Offender

A

A person who has been found guilty of a criminal offence by a court

51
Q

Opposition

A

The political party that holds the second largest number of seats (after the government) in the lower house. The opposition questions the government about policy matters and is responsible for holding the government to account

52
Q

Parliament

A

A formal assembly of representatives of the people that is elected by the people and gathers to make laws

53
Q

Persuasive precedent

A

The legal reasoning behind a decision of a lower (or equal) court within the same jurisdiction, or a court in a different jurisdiction, that may be considered (and used as a source of influence or followed) even though it is not binding

54
Q

Plaintiff

A

(In a civil case) a party who makes a legal claim against another party (ie the defendant) in court

55
Q

Political Party

A

An organisation that represents a group of people with shared values and ideas, and which aims to have its members elected to parliament

56
Q

Precedent

A

A principle established in a legal case that should be followed by courts in later cases where the materials facts are similar. Precedents can either be binding or persuasive

57
Q

Presumption of innocence

A

The right of a person accused of a crime to be presumed not guilty unless proven otherwise

58
Q

Private member’s bill

A

A bill introduced into parliament by a member of parliament who is not a government minister

59
Q

Prosecution

A

The party that institutes criminal proceedings against an accused on behalf of the state. The prosecution team includes the prosecutor

60
Q

Remedy

A

Any order made by a court or tribunal that is designed to address a civil wrong or breach. A remedy should provide a legal solution for the plaintiff for a breach of the civil law by the defendant

61
Q

Royal assent

A

The formal signing and approval of a bill by the Governor-General (at the Commonwealth level) or the governor (at state level), after which the bill becomes an Act of Parliament (aka a statute)

62
Q

Rule of Law

A

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 able to obey them

63
Q

Sanction

A

A penalty (eg a fine or prison sentence) imposed by a court on a person guilty of a criminal offence

64
Q

Secondary legislation

A

Rules and regulations made by secondary authorities (eg local councils, government departments and statutory authorities) that are given the power to do so by parliament (also called delegated legislation)

65
Q

Senate

A

The upper house of the Commonwealth Parliament

66
Q

Social cohesion

A

A term used to describe the willingness of members of a society to cooperate with each other in order to survive and prosper

67
Q

Statute

A

A law made by parliament; a bill that has passed through parliament and has received royal assent (aka legislation or an Act of Parliament)

68
Q

Statute law

A

Law made by parliament; also known as as Acts of Parliament or legislation (as opposed to common law)

69
Q

Statutory interpretation

A

The process by which judges give meaning to the words or phrases in an Act of Parliament (ie a statute) so it can be applied to resolve a case before the court

70
Q

Sue

A

To take civil action against another person, claiming that they infringed some legal right of the plaintiff (or did some wrong that negatively affected the plaintiff)

71
Q

Supremacy of Parliament

A

The concept that the final law-making power rests with parliament, which can repeal and amend its own statutes and pass legislation to override common law (aka ‘sovereignty of parliament’)

72
Q

Tort

A

A term that literally means ‘wrong’; a wrong that interferes with a person’s legally protected interests

73
Q

Victoria Legal Aid (VLA)

A

A government agency that provides free legal advice to all members of the community and low-cost or no-cost legal representation to some people who cannot afford a lawyer

74
Q

Westminster system

A

A parliamentary system of government that developed in Britain. Australia’s parliamentary system is based on this system

Year 11 VCE Legal Studies - Oxford 15th edition (6 decks)

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