Glossary Flashcards
Access
The ability of individuals to exercise their rights in a legal system.
Absolute majority
To receive 50% plus valid votes in an election
Accountability
Requirement that all public officials, both elected and appointed, should be directly or indirectly answerable to the people.
Acquittal
The judgement of a court that a person charged with a crime has not been proven guilty
Act of parliament
A legislative proposal or bill that has passed all the required stages in parliament. An act becomes a legally binding stature when it has received Royal accent and has been proclaimed.
Actus reus
A guilty deed or act
Address-in-Reply debate
The debate that follows the Governor Generals speech, which sets out the Executive legislative program for the next parliamentary session. It is an important opportunity for private members to have input to debate.
Adjournment Debate
The debate concerning the motion to adjourn to suspend the sitting of parliament to another day.
Adjudication
In law, the act of judging the merits of two competing points of view, more generally judgement in a case.
Administrative Law
The body of law dealing with the rules regarding the hearings of government administrative agencies such as internal appeal tribunals. All administrative law must operate within the bounds of natural justice.
Admissible evidence
Information or material items allowed as evidence in a trial.
Adversarial system
A legal system based on the principal that justice is best served by allowing competing parties to present their arguments to an imperial third person for adjudication.
ADR Alternative Dispute Resolution
The resolution of the conflicts and legal disputes privately through methods such as mediation and arbitration. ADR can provide a speedier and less expensive alternative to the formal processes of litigation in the public courts.
Amendment
An alternation to a bill or act
Appeal
A challenge of a lower court in a higher court. The right of individuals to appeal court decisions is a major reason for having a hierarchy of courts.
Apperence
The act of replying to a summons to turning up in court and accepting jurisdiction.
Appellant jurisdiction/Appellate Court
The authority of a higher court to hear appeals from lower courts. As a pinnacle of the court hierarchy, the High Court has appellant jurisdiction over all judgements of common law or statutory interpretation made by other Australian courts.
Arbitration
An alternative dispute resolution method by which an independent, neutral third party is appointed to hear and consider the merits of dispute and give a final and binding decision.
Aristocracy
Forms of government based on rule by an elite. Aristocrats claim the right to rule by birth and status whereas in plutocracy government generally is based on the laws rather than arbitrary power.
Arms of Government
A term that distinguishes between the legislative, executive and judicial functions of the government.
Arraignment
Court procedure where a charge contained in a criminal indictment is read to accused who is then asked to plead guilty or not guilty
Australia Acts
Acts of parliament passed simultaneously by the British and Australian Parliament in 1986. They abolished appeals from State Supreme Courts to the British Privy Council and formally removed the right of the British Parliament to make laws affecting Australia. The Australia Acts were a major step in establishing the independence of the Australian legal system.
Authoritarian government
A system of dictatorial government based on the unquestioned and complete rule by a leader who ultimately relies on arbitrary violence to maintain control.
Authority
A form of power based on consensus regarding the right to issue commands and make decisions.
Autocracy
Autocracy is a rule by one person with virtually unlimited authority. Autocrats generally suppress any opposition to their personal rule.
Autonomous powers
The ability of any government to make decisions that cannot be over turned by another level of government. Australia’s Constitution created a coordinate federation where both the central government and the regional governments have some constitutionally guaranteed autonomous powers
Backbencher
Any member of a parliament who is not a government minister or ministerial secretary, a presiding officer or and opposition shadow minister. The name is used because they sit at the benches at the back of the chamber.
Bail
The money or sureties put up by a person accused of a crime to assure a court that they will re-present themselves for trial. Bail will nor be granted if the accused is considered ti be in danger to society. If the accused does not have the funds or assets needed then they will be remanded until the trial.
Bailiff
An officer if the court responsible for serving and executing the processes of the court and who is authorised to serve summons, make arrests and execute warrants of execution.
Balance of power
A balance of power exists when no single party or coalition has a majority in a parliament. Therefore for a bill to pass it must be supported by a sufficient number of members in a minor parties or independents. This power to allow or veto legislation is called the balance of power.
Balance of probabilities
This is the standard of proof required in civil proceedings. In a civil case a litigant will be found to be at fault if their version of events is judged to be less probable than the case put by the other party.
Ballot paper
The voting slip or piece of paper on which a vote is recorded. In some countries there are machine or electronic ballots
Bandwagon effect
The tendency for a political party that starts ab election campaign ahead in the polls to increase its lead as the election approaches.
Barrister
An independent legal practitioner who presents a case in a court. A barrister may only deal with solicitors and not directly with clients.
Beyond reasonable doubt
The standard of proof required in a criminal case. The prosecution must provide evidence to show that there is no plausible explanation of the case other than the guilt of the defendant.
Bicameral parliament
A system of government where the legislature is divided into two chambers an upper house and a lower house
Bill
A legislative proposal which is formally introduced into a parliament and if passed becomes law.
Bill of Rights
A codified statement of legal and political rights has signifiacant status in law
Binding precedent
A decision of higher court that must be followed by a lower court in the same jurisdiction
Bipartisan
An action or policy that us nor disputed by opposing political parties. The term usually is applied to policies that are accepted by both the government and the oposition.
Black letter of the law
The doctrine that the interpretation of statutes by the courts must reflect the literal meaning of the law
Blue ribbon electorate
A sear where the winning candidate has achieved more that 60% of the two party preferred vote
Budget
The annual statement of the expenditure and revenue plans of a government for the forthcoming year
Burden or onus of proof
The requirement that the person who makes a legal claim is responsible for substantiating their case
By-election
An election held between general elections to fill a seat left vacant because a member of parliament has died, resigned or been expelled
By-law
A rule or regulation based on delegated authority. The terms is mostly used to describe the community level regulations passed under the authority delegated to local governments by state parliments
Cabinet
Cabinet is the executive body of government. It is a decision-making group consisting of the prime minister and senior ministers. Cabinet meets frequently and is responsible for determining policy priorities, initiating executive legislation, coordinating administration and dealing with urgent or crisis matters. Cabinet is often referred to as the ‘engine room of government’.
Campaign
The period following the announcement of an election date in with parliamentary candidates and parties seek to win voters support.
Candidate
A person who stands for election to parliment
Case law
A word for the whole body of judge-made law. The entire collection of published legal decisions of the courts that form a large part of the legal rules operating in modern society.
Case management
The supervision of the pre-trail stage of a civil trail by officers of the court to help ensure timely and cost effective justice
Casting vote
A vote exercised by the Speaker that decides a matter when votes are equally divided
Casual vacancy
A vacancy in parliamentary representation caused by the death or resignation of a member of parliament. In elections based on single member electorates, a casual vacancy generally will be filled by a by-election. In multi-member electorates, this is not practical and the vacancy is filled by the nomination of a replacement member who holds office until the next generation
Caucus
A decision-making body in the political process. In Australia the term. Is used by the Labor Part to describe a full meeting of its elected members of either the Commonwealth or the State Parliament. In the USA it refers to a general assembly of members of a political party who are responsible for selecting candidates for a general election.
Caveat emptor
This means to ‘let the buyer beware’. It warns purchasers of goods that they should examine and check for themselves products that they intend to purchase as they may not be able to hold the vendor responsible for the flaws in the goods
Censure motion
A parliamentary motion that is highly critical of the minister. Censure motions can be used ti call for a minister’s resignation on the basis of an alleged failure to meet required standards of probity and propriety.
Centralism/centralist
The tendency of central governments to increase its powers at the expense of regional governments. Centralists prefer a political system where power is concentrated in the hands of the central government and may advocate the abolition of state governments
Certificate of readiness for trial
Final step in the pre-trial stage of a civil dispute in which the plaintiff and defendant confirm that they have followed all pre-trial procedures and have not been able to settle their differences and also state how long they expect the rial to lat. The court then allocates a date for the trial
Challenge to a jury
The night legal council in a jury trial to request that a juror be excused. A challenge to a jury may be based on a claimed disqualification of a juror array and challenges foe cause. A limited number of challenges are possible without specific reasons being given.
Charge to a Jury
The judges oral instructions to the jurors before the jury begins deliberations. The charge must accurately set out the law in question and summarise arguments presented by the counsel.
Checks and balances
A system of government where political power is divided between distinct and separate arms of government, for example the executive, the legislature and the judiciary. The check and balance provided by this division is intended to prevent the excessive concentration of political power in the hands of one person, group of people or single institution.
Children’s Court
Name of the Western Australian Court with criminal jurisdiction for the accused who were between 10-17 years of age at thhe time of an alleged offence. The Children’s Court also deals with child protection applications under civil law.
Circumstantial evedenc
Indirect evidence that may be accepted as proof in a legal case.
Citizenship
Legal membership of a county or nation-state. Citizens enjoy the rights conferred by the state including the right of protection to have responsibilities such as upholding the laws of the country.
Civil dispute
A legal dispute between two or more individuals in a community. An individual under the law may be a person or an entity such as a company
Civil law
The body of law that regulates the ordinary private relationships in a community. Civil law provides for the adjudication of civil disputes by the civil courts.
Civil law system
A legal system in which law is codified in a written collection of laws that must then be followed by judges.
Civil proceedings
Legal actions brought to resolve a dispute between individuals covering such matters as recovery of debt, claims for damages for injury to persons or property, compensation for breach of contract
Class
A group of people with a social characteristics in common. The most common use of the term is the division of society into social classes based on differences in occupation and status
Coalition
An alliance between two or more factions or parties in parliament.
Coequal power
The term to describe the division of powers between the Houses of the Federal Parliament; House of Representatives and the Senate. It means that the Houses have equal powers to initiate and pass legislation, with the exception that only the House of Representatives can initiate and amend money bills
Coercive federalism
The term used to describe an imbalance of power in a federal system, where the central authority effectively dominates the regional level of government. In Australia since WWII the commonwealth has become financially dominant over the state through the use of tied grants. This has been described as coercive federalism.
Committal Mention
A hearing in Magistrates Court in which a person accused of an indictable offence enters a plea and is committed for trial in superior court.
Committee
A small cross-party group of members of parliament that inquires into specified matters and reports back to the parliament. The rules of committees include the scrutiny of government activity, investigating policy issues and administrating some of the functions of parliament. A committee has only those powers assigned to it by the parliment
Committee of the Whole
Traditionally the term referred to the stage in the passage of a bill when all members of the parliament consider bills in detail. Committees of the Whole may be used for other purposes such as the examination of the Governments expenditures.
Consideration in detail stage
A stage in the passage of legislation where possible amendments to a bill are debated and decided. Sometimes called the Committee Stage
Common law
Law that is based on previous judgements of the courts. Common law exists in Britain and other common law countries like Australia. Once the main source of law and legal principal, it still provides a body of decisions for those areas of law not covered by the statute laws passed by parliaments. The core decisions of higher courts form binding precedents to be followed in the decisions of lower courts. Contrasts with the civil law systems of France and Germany where laws are set down in a written code.
Common law right
Rights that flow from the legal traditions or conventions of the community and are recognised by the courts. They include the right to fair trial and to be considered innocent until proven guilty, as well as the rights to free expression and free association. These rights exist until they are specifically overridden by a parliamentary stature
Community circle court
Courts that directly involve the community - specifically, family and members of a defined social group of which the defendant is a member - in setting the sanctions applied to an offender
Compulsory voting
A requirement that all individuals with a legal right to vote must register for the electoral roll and attend a polling place to vote. Failure to vote without good cause usually incurs a fine.
Concurrent power
A power that can be exercised by both the Commonwealth and the states. They are set out in s5l of the Australian Construction.
Confederation
A group of independent nations who agree to hand over soe of their powers to a jointly controlled, central political body. The central authority has delegated powers to set or coordinated common policy in a number of areas for its members.
Conscience vote
A vote in parliament where members are free to vote on their own judgment and are not bound by party policy. A conscience vote is the most often allowed on matters that involve moral judgment or religious belief.
Conservatism
Conservatives value stabitity and oppose social change. They believe that social cohesion is based on traditional instructions and values, and argue for limited government involvement in economic and social matters. The traditional instructions they seek to bolster include the family, organised religion, the monarchy and the capitalist economy. Conservatives emphasise the importance of the values suck as nationalism, loyalty and moral uprightness. Extreme or radical conservatives seek to return society to a ‘more perfect’ past age.
Constituency
An electoral district containing electors who vote for representatives in an elected assembly
Constitution
The set of basic law by which a state or nation is governed. Constitutions may include such things as the principals, powers and processes of the political systems. Constitutions may consist of one or a small number of dedicated special Acts or of numerous individual statues and unwritten conventions developed over time
Constitutional Convention
A meeting called to write or modify a constitution.
Constitutional law
The body of legal precedents made up of judgements on the interpretation of the constitution of the High Court. Also disputes concerning the Constitution.
Constitutionalism
The belief that the powers of government should be limited and subject to the rule of law. Constitutionalism requires that the powers of the parliament must be set out in a written or unwritten constitution. This rejection of arbitrary rule was a vital step in the development of modern democratic ideas.
Contempt of Court
The deliberate disregard of an order of a court Contempt may be punished by criminal sancions
Contract law
Contracts are promises recognised by law as a duty and law provides a remedy for a breach. Disputes concerning contracts made up contract law.
Conciliation and medication
Conciliation and medication are the attempt by an independent third party to help parties to a dispute reach a mutually acceptable settlement. It is different from arbitration because an arbitrator can impose a decision on the parties.
Concurrent sentence
Where a criminal receives sentences for two or more separate crimes for which they have been found guilty, but the court allows some some sentences to be served concurrently.
Convention of the Constitution
An unwritten practice concerning the powers, processes and procedures of a political system that has general acceptance and consciously followed in a society’s political activity. Conventions are only as strong as the practical commitment to the term as there are no legally binding penalties for breaches of convention.
Convict
A term that can be used for any prisoner, but is specifically used to describe the prisoners transported to Australia by the British Government from 1788 to the end of convictism in Western Australia in the late 1860s
Conviction
The result of a criminal trial in which the accused has been found guilty of the crime
Cooperative federalism
Voluntary arrangements between the Commonwealth government and state governments to take common administrative or legislative action. This approach is claimed to be the most typical of Commonwealth- state relations in the period from WWI to the 1950s but there are many recent examples covering areas as diverse as traffic rules, microeconomic reform and gun control
Coordinate Federalism
Federal arrangement where the central and regional levels of government act independency in their respective spheres. Claimed to be the most typical of federal-state relations in the first two decades of federation.
Corroboration
Evidence that confirms or reinforces the testimony of another witness or party in trial
Costs
The expenses incurred in legal action. In a civil case, the party found to be in the wrong is generally required to pay the court costs and some part of the other costs of the successful party
Council of Australian Governments
A regular meeting of the state premiers, territory chief ministers and the prime minister, to negotiate policy issues that involve joint state and Commonwealth funding or activity. In the past is was called the Premiers Conference
Counsel
A persons legal representatives in court such as a barrister or solicitor.
Court of Disputed Reterns
The court convened to hear disputes concerning the validity of an election result.
Court of First Instance
A court with original jurisdiction to hear specific civil or criminal matter.
Covering clauses
Te initial part of an Act the sets out such things as definitions. The term is used to describe the provisions of Commonwealth of Australia Act that precede the Constitution itself.
Criminal law/dispute
Criminal laws deal with actions regarded as anti-social and dangerous to the community. Such actions are prohibits by statutes and prosecuted and punished by the government. A criminal dispute is between society and the person accused of violating the criminal law
Criminal sanctions
The sentences applied by the courts to a person who has been found guilty of an offence. Sanctions include fines, community service orders and imprisonment. By applying criminal sanctions the law seeks retribution for the offence, the protection of society from the offender, deterrence of others from offending and the rehabilitation of the criminal so they will not re-offend.
Crossbench
Seats in parliament between the benches occupied by the government and by the opposition . The cross benches are occupied by independents and members of minor parties.
Crossing the floor
A government or opposition member crosses the floor when they vote against their own party in a parliamentary vote
Culture
The dominant set of social values in society that are passed on from on generation to another.
Cumulative sentence
This applies to the successive sanctions received by an accused who has been found guilty of more than one offence
Customary law
Traditional laws of a group or community that reflects the values of the group. Customary law is part of the oral tradition of the group and in enforced through traditional authority such as the power of the elders or through shared community decisions.
Customs and excise duties
Custom duties are taxes on the importation of goods. Excises are taxes exclusive power of the Commonwealth under the Constitution
Damages
Financial compensation ordered by a court to offset loss or suffering caused by another persons fault or negligence. There are three types of damages. Compensatory damages are intended to reimburse or compensate the plaintiff for the losses they suffered. Exemplary damages are awarded to punish and make an example of the defendant to the community. Plaintiffs may seek nominal damages when they want to prove a point of principal.
Declaration of the Poll
Th formal announcement of election results; the end of the electoral process.
Decriminalisation
The removal of an offence from the criminal code or the reduction of the severity of the sanctions used to control an offence.
Default judgement
Decision in favour of plaintiff when a defendant fails to contest a legal claim.
Defence
- The effort of the accused or defendants counsel during the trial process designed to defeat the prosecution or plaintiff in a trial.
- To counter, or defeat the plaintiffs contentions, a response to complaint.
- A plea that reduces or eliminates the guilt of the accused.
Defendant
Person, company or organisation the defends civil action taken by a plaintiff. Also a person charged with a criminal offence.
Delegate
Members of Parliament who vote in parliament according to what they perceive as the will of the voters who elected them rather than expressing their own views or the position of their party.
Delegated legislation
Statutes that allow the executive to authorise the public service or other lawful authorities to create legally binding regulations or determine by-law.
Democracy
A political and legal system that is based the principles of individual freedom and equality and rule of the people. In direct democracies the people vote directly on legislation and in representatives democracies the peoples elected representatives vote on legislation. Direct democracy famously existed in ancient Greece
Dictatorship
A government in which one person has complete power in a country, especially when power is achieved by force. Dictatorships are ‘above the law’ and their actions restrict the legal and civil rights of citizens.
Direct Marketing Techniques
A campaign technique where candidates send direct mail to specific voters to gain their support. Direct marketing involve the collection of information about voters that identifies their priorities and, on the basis of this information, targets them for particular contacts, generally by ‘direct mail’.
Disapproving
This occurs when a court decides a precedent or previous decision set by a court at the same level is wrong in law.
Discovery of documents
Part of the pre-trail phase of a civil case where litigant requests information and documents held by the other side in an attempt to ‘discover’ relevant facts.
Discrimination
Any action that disadvantages a particular group or individual on the basis of an irrelevant factor such as sex, race, ethnicity, physical handicap or age. In this sense discrimination. Is a negative action that is based on prejudice, not relevant facts.
Dissenting judgement
A decision reached by a judge that disagrees with that of the majority of a panel of judges hearing a case
Dissolution
The termination of the sitting of Parliament so that general election can be held.
Distinguishing
When a court departs from established precedent because it decides that the case before it is substantially different from the facts of an earlier case.
Distinct Court
The intermediate court in Western Australia that is presided over by a Distinct Court judge. The District Court deals with indictable offences and civil claims where between $75 000 and $750 000 is claimed
Diversion
A process that enable the police to deal with minor offenders in manner that does not involve an offence being recorded or require a court appearance. This may involve a formal caution or the voluntary participation by the offender in a rehabilitation program or in a community based body that sets a sanction.
Division
The separation of the members of parliament into those for and those against a motion so a vote can be formally counted.
Division of powers
A formal arrangement allocating the responsibilities of government between different levels of government in a federation. This division is sometimes referred to as the ‘federal balance’.
Doctrine of Precedent
The principle that a lower court is bound by the legal principles that are created by the decisions of a higher court.
Donkey vote
A donkey vote is where a voter ranks the candidates from ‘I’ straight down a ballot paper without regard to the merits of the various candidates.
Double dissolution
Double dissolution elections are part of the procedure under s57 of the Australia constitution designed to resolve deadlocks between the House of Representatives and the Senate. In a double dissolution election both houses of the Federal Parliament are simultaneously dissolved and an election for all members of both houses then takes place.
Double Jeopardy
The legal principle that an individual who has been acquitted of an offence by a court cannot be re-tried for the same offence.
Duel process
Refers to fundamental procedures of the law, such as the right to be heard, which underpin the fairness of the law. Also used to describe the system of ‘natural justice’
Duty of care
The legal obligation of a person to exercise reasonable care in conduct of an activity. The idea of duty of care is the key principle behind the tort of negligence.
Egalitarianism
A belief in the fundamental equality of all people.
Either way offence
A relatively minor indictable offence where both a summary and an indictable penalty are set out in the law. The Magistrate Court hear either way offences unless the magistrate decides to refer the case to superior court.
Ejusdem generis
A common law maxim or rule followed by courts when interpreting statures. It means ‘of the same kind’ and allows judges to access if a situation in front of the case to a superior court.
Electoral College
A body of people who are elected for the purpose of choosing a political office-barrier. In the indirect election process of the United States Presidency, voters elect members of an electoral college who then select the President.
Electoral system
The electoral system is the way in which the representative institutions of a country operate. The number of members to be elected, the size of electorates, and the term of office of elected members are all features of an electoral system.
Electorate
Can refer to all persons entitled to vote. Also means a geographical area that is represented by a member of parliament.
Empanelling a Jury
The swearing in a jury for a trial
