Definitions

Question 1

Define Abrogate

Answer 1

Abolish; Law made through the Courts can be cancelled by an Act of Parliament if the Act specifically states that it abolishes the law made by the Courts

Question 2

Define Absolute Privilege

Answer 2

A person has an exceptional right, immunity or exemption because of his or her office or status. It is a defence to defamation. A statement is privileged even though it is made with malice if it is made in the course of judicial proceedings, or in parliament and no action can be taken

Question 3

Define Accused

Answer 3

A person who has been charged with a criminal offence

Question 4

Define Acquittal

Answer 4

A finding of “Not Guilty” for an indictable offence, prosecuted in a criminal trial; the opposite of conviction

Question 5

Define Act of Parliament

Answer 5

A law passed by Parliament which must be followed by everyone it effects. A proposed Law is known as a Bill. It becomes an Act when it has been passed by both houses of parliament and received royal assent

Question 6

Define Actus Reus

Answer 6

A guilty act

Question 7

Define Adjournment with or without a conviction

Answer 7

This is a sanction, but the sentencing is delayed for a specified period of time on the condition that the person found guilty of the offence does not re-offend within that time. If the person does not offend within the specified time, he or she is not brought before the court again. However, if he or she does re-offend, he or she is sentenced for the original offence and the subsequent offence.

Question 8

Define Adjudicate

Answer 8

To judge and give a decision

Question 9

Define Adversary System

Answer 9

The system of trial used in Australia in which two opposing sides try to win the case. Set rules of evidence and procedure must be followed, and the Judge and Jury are impartial arbitrators

Question 10

Define Affidavit

Answer 10

Evidence in the form of a written statement of facts, made under oath of affirmation

Question 11

Define Alternative Dispute Resolution (ADR)

Answer 11

A less formal method of dispute resolution than judicial determination, such as arbitration, conciliation or mediation, where the civil dispute is reconciled with the help of a third party; also known as appropriate dispute resolution

Question 12

Define Amendment

Answer 12

An alteration to an existing act of parliament

Question 13

Define Appeal

Answer 13

A hearing that reconsiders a decision from a lower court. A person who has gone through a trial or hearing and is not satisfied with the decision can, in certain conditions, apply to have the decision reconsidered by a higher court

Question 14

Define Appellant

Answer 14

The party making an appeal

Question 15

Define Appellate Jurisdiction

Answer 15

The Authority to hear a case on appeal

Question 16

Define Appropriation Act

Answer 16

An Act that authorises the drawing and spending of money by the Government

Question 17

Define Arbitration

Answer 17

A method of dispute resolution in civil disputes that is outside the court system, although this method is used in the magistrate’s court for disputes under $10 000. A third party is appointed to listen to both sides of the dispute and make a decision that is binding on the both parties

Question 18

Define Arrest

Answer 18

When the police take someone into custody because the suspect that the person has committed a crime

Question 19

Define Assault

Answer 19

Assault is defined in S31 of the Crimes Act 1958 (VIC) as the direct or indirect application of force by another person to the body, clothing or equipment of another person, where the application of force is without lawful excuse and intentional or reckless and results in bodily injury, pain, discomfort, damage, insult or deprivation of liberty. Under civil law, a person can also be sued for trespass to the person, which includes assault

Question 20

Define Attachment of Debts

Answer 20

An enforcement procedure against a person who has not paid a debt. This can be way of a garnishee (Where a third person owes money to the defendant and that the third person pays the plaintiff directly)

Question 21

Define Representative Government

Answer 21

A system in which people elect their lawmakers, Who are then held accountable to them for their activity within Government