Glossary Flashcards
(469 cards)
1
Q
Absolute Monarchy
A
A country which is fully ruled by a monarchy.
2
Q
Access
A
An individual’s right to exercise their rights in the legal system.
3
Q
Accountability
A
All public officials both appointed and elected have a requirement to answer to the people.
4
Q
Acquittal
A
A courts judgment that a defendant is not guilty
5
Q
Act of Parliment
A
A piece of legislation that has been passed by parliment.
6
Q
Actus Reus
A
A guilty deed or act.
7
Q
Address in reply debate
A
A debate following the Governors Generals speech which sets out the executives program for the next session.
8
Q
Adjournment debate
A
A debate, debating when a debate should be rescheduled to.
9
Q
Adjudication
A
Judging the merit of two points of view
10
Q
Administrative law
A
Rules regarding government administrative agency’s such as internal appeal trouble.
11
Q
Admissible evidence.
A
Legible evidence in a trial.
12
Q
ADR
A
The resolution of legal matters through mediation and arbitration.
13
Q
Amendment
A
An alteration to a bill or act.
14
Q
Appeal
A
Challenge to an judgment in lower court by higher court.
15
Q
Appearance
A
Replying to summon by the court.
16
Q
Appellant Jurisdiction
A
The higher court listening to an appeal from the lower court.
17
Q
Arbitration
A
A 3rd party judging a dispute.
18
Q
Aristocracy
A
Government ruled by the elite of society.
19
Q
Arms of government
A
Different areas of government, legislative, executive and judicial.
20
Q
Arraignment
A
The act of pleading guilty or non guilty to a criminal act.
21
Q
Australia acts
A
An act passed in 1986 which stops Britain from making laws that affect Australia
22
Q
Authoritarian government
A
A dictatorship
23
Q
Authority
A
A consensus act to make decisions
24
Q
Autocracy
A
One person with virtually unlimited power.
25
Autonomous powers
The ability to create legislation without it being overturned.
26
Backbencher
A member of parliament who does no hold a title.
27
Bail
Set amount of money for a person accused of a crime to assure that they will re appear when they have to go to court.
28
Bailiff
An officer of the court responsible for carrying out arrests serving summons and and execute warrants
29
Balance of power
When no sing party hold majority in parliament.
30
Balance of probabilities.
The standard of proof required in civil proceedings.
31
Ballot paper
Voting slip
32
Bandwagon affect
A party which started ahead in the polls to gain more support ad election draws closer.
33
Barrister
An independent legal practitioner that presents a case in court.
34
Beyond reasonable doubt
The standard of proof required in a criminal case
35
Bicameral parliament
A system of government where legislature is divided into an upper house and lower house.
36
Bill
A legislative proposal that becomes law
37
Bill of rights
A statement of legal and political right that has significant status in law.
38
Binding precedent
A decision from higher court which lower court have to follow.
39
Bipartisan
An action or policy which is not disputed by opposing political parties.
40
Black letter of the law
Any decision made by the courts must be decided by using the literal manning of the law.
41
Blue ribbon electorate
A candidate that dominated his opponent
42
Bond
The sentencing by a court
43
Budget
The money assigned to all sectors of government.
44
Burden
The plaintiff must be responsible by substantiating their case
45
By election
Election held between general elections to fill an empty seat.
46
By law
A rule based on d legates authority
47
Cabinet
The executive body of government
48
Campaign
Parliamentary candidates attempt to persuade voters to vote for them.
49
Candidate
A person who stands for election
50
Case law
A word for the whole body of a judge made law
51
Case management
Supervision of the pre trial phase by civil officers
52
Casting vote
Vote exercised by a speaker that decides a matter when votes are equally divided
53
Casual vacancy
A vacancy in parliament caused by death or resignation
54
Caucus
A decesion making process in the political process.
55
Caveat emptor
Checking a product before buying
56
Censure motion
A motion that is critical of a minister
57
Centralism
To increase its powers at the expense of the states.
58
Certificate of readiness for trial
Final step in civil pre trial when defendant and plaintiff both they say they have followed procedures and still not have settled differences
59
Challenge to a jury
Legal counsel asking if a juror can be removed.
60
Charge to a jury
The judges oral instructions to a jury before deciding.
61
Checks and balances
Where the government is divided among distinct arms of government.
62
Children's court
Where minors between the ages of 10-17 are charged, along with dealings of child protection.
63
Circumstantial evidence
Indirect evidence
64
Citizenship
Legal membership to a country
65
Civil dispute
A legal dispute between two people
66
Civil law
Regulates private relationships in a community
67
Civil law system
A system where written laws must b followed by judges
68
Civil proceedings
Legal actions brought to solve disputes between people.
69
Class
A group of people with social characteristics in common
70
Coalition
An alliance between two or more parties in parliament
71
Coequal power
The division of power between the house of the federal Parliament House of Representatives and the senate.
72
Coercive federalism
Used to describe the imbalance of power in the federal system
73
Committal mention
A person accused of a indictable offence enters a plea and is committed for trial in a superior court.
74
Committee
A small cross party group that inquiries into specified matters and reports back to parliament.
75
Committee of the whole
When all members of parliament consider a bill in detail.
76
Consideration in detail stage
A stage in legislation where possible amendments are made
77
Common law
Law that is based on previous judgments from the court.
78
Common law right
Rights that flow from legal traditions.
79
Community circle court
Courts that directly involve the community
80
Compulsory voting
Having to vote in elections by law
81
Concurrent power
A power that can be exercised by both the commonwealth and the states
82
Confederation
A group of independent nations who agree to hand over some power to a joint political body
83
Conscience vote
A vote in parliament where members are free to vote on their own judgment.
84
Conservative
Value stability and oppose social change. Believe in limited government.
85
Constituency
Electors who vote for are a representative
86
Constitution
The set of basic laws in which a country is governed by.
87
Constitutional convention
A meeting called to modify the constitution
88
Constitutional law
Legal precedents made up of judgements from the higher court
89
Constitutionalism
Powers of the government should be limited and dumb jet to the rule of law
90
Constitutional monarchy
A monarchy with a parliament
91
Contempt of the court
The deliberate disregard of the order of the court
92
Contract law
Promises regarded by law
93
Conciliation and mediation
Attempt by a third party to reach a manual settlement
94
Concurrent sentence
Where a criminal revives multiple sentences
95
Convention of the constitution
An unwritten practice regarding the procedures of the political system
96
Convict
A prisoner
97
Conviction
The result of a trial in which the defendant is found guilty.
98
Cooperative federalism
Arrangements between commonwealth governments and state governments on administrative or legislative action.
99
Coordinate federalism
Federal and state governments act independently
100
Corroboration
Evidence that confirms the testimony of a witness
101
Costs
The expenses incurred in legal action
102
COAG
Meeting of premiers, territory minsters and prime mister
103
Counsel
A persons legal representative.
104
Counsel trial
Charged by government
105
Court trial
Two parties in dispute
106
Court of disputed returns
Court hearing the validity of an election result
107
Court of first instance
Origin of criminal or civil case
108
Covering clauses
The initial part of an act which sets out definitions
109
Criminal law
Actions regarded as anti social or dangerous
110
Criminal sanctions
Sentencing of a convicted man
111
Cross bench
Occupied seats by minor parties and independents
112
Cross examination
Questioning of a witness by the opposite counsel
113
Crossing the floor
A member of parliament who votes against his or her party
114
Culture
The dominant set of social values in a society
115
Cumulative sentence
Increased punishment upon multiple offences
116
Customary law
Traditional laws or values of a group
117
Customs and excise duties
Taxes on imported goods
118
Damages
Financial compensation for loss caused by someone's fault or negligence.
119
Deceleration of the poll
The formal announcement of election results
120
Decriminalisation
The removal of a criminal offence from law
121
Default judgement
Decision in favour of plaintiff when defendant fails to contest legal claim
122
Defence
The effort from the defendants counsel to defeat the plaintiff
123
Defendant
Person that defends a civil action taken by the plantiff
124
Delegate
Members of parliament who vote in favourite ur of voters rather then themselves
125
Delegated legislation
Statues that allow the executive to authorise the public service or lawful authorities to create legally binding regulations or determine by laws
126
Democracy
Where leaders are voted in by citizens of a nation
127
Dictatorship
Where one person or a small group has complete power in a country
128
Direct democracy
It happened in Ancient Greece
129
Direct marketing techniques
Where campaigners send direct mail to specific voters to gain there support
130
Disapproving
Where a court decides that previous law made by another court is wrong
131
Discovering of documents
Looking for relevant facts in documents during the pre trial phase
132
Discrimination
Any action that disadvantages a group based on irrelevant factors.
133
Dissenting judgment
A judgment that is disagreed by q majority of judges
134
Dissolution
The disassembling of a parliament so general elections can be held.
135
Distinguishing
When a court departs from established precedent because it decides that the case before is substantially different from the facts of an earlier case
136
District court
An intermediate court
137
Diversion
Police enabled to deal with a minor offence without having to take it to court
138
Division
The separation of the members of parliament into those for and against a motion
139
Division of powers
Responsibilities of different areas in the government
140
Donkey vote
Where a voter is lazy
141
Double dissolution
To resolve deadlocks between the House of Representatives and the senate.
142
Double jeopardy
Individual cannot be tried for the same offence
143
Duel federalism
Where power is divided between federal and state
144
Due process
Fundamental procedures of the law
145
Duty of care
The legal obligation of a person robe safe in an activity
146
Egalitarianism
A belief in equality
147
Either way offence
A minor indictable offence where both a summary and an indictable penalty are set out by law
148
Ejusdem Generis
A common law followed when interpreting statues
149
Electoral college
Elected to find a political office bearer
150
Electoral system
The way representative institutions operate
151
Electorate
Persons right to vote
152
Empanelling of a jury
The swearing in of a jury
153
Equity
The decree to which citizens are treated with equal fairness
154
Enumerated powers
The powers of the government set out in the constitution
155
Evidence
Proof used in court
156
Examination of witness
The process of questioning a witness during a trial
157
Excise
A tax on the manufacture or sale of goods within country
158
Exclusive powers
Powers in the Australian constitution where only the commonwealth can make laws
159
Executive
One of the three arms of government
160
Executive council
Body consisting of the queens representative
161
Executive power
The power to administer the law
162
Exhausted vote
A valid ballot where all available prefences have been counted
163
Ex post facto
Decisions made by a court
164
Express powers
Decisions made by the Governor General
165
Fairly safe seats
Seats after a blue ribbon victory
166
Family court
The court that deals with family matters
167
Family group conferencing
Where the criminal resolves the crime through a group that included their family
168
Fascism
Based on a powerful leader, state control and extreme pride in their country
169
Federal court
Part of the heirs by of commonwealth courts
170
Federalism
Where power is split between the federal government and two or more states
171
Filibuster
Using long speeches to delay a vote
172
First past the post voting
Candidate with largest amounts of votes wins
173
Flood gating
Use of parliamentary agenda do pass large amounts of legislation
174
Franchise
The right to vote
175
Formal vote
A ballot paper that has been filled correctly
176
Frontbencher
Members of parliament who have a title
177
Further and better particulars
Devolving cases in a civil dispute
178
Gag
Cuts of debate on an issue
179
General election
An election for all seats in lower parliament
180
General purposes grant
Payments made to the states
181
Gerrymander
Drawing of electoral boundaries to create a bias for a candidate
182
Golden rule
One of the three standard approaches of a court to the interpretation of statues
183
Goods and services tax
A broadly based sales tax
184
Government
The body that has legal authority to set political policy
185
Governor
Queens representative at the state level in Australia
186
Governor General
Queens representative at commonwealth level
187
Governor General in council
The constitution uses this to indicate the powers of the Governor General
188
Grievance debate
Allows members to speak for 10 minutes
189
Guillotine
Limit of the length of debate when a bill is being passed
190
Habeas Corpus
A detainee being presented in front of a judge to determine wether a detainee is legally detained.
191
Hansard
Official written record of parliamentary debates
192
Head of Government
The prime minister
193
Hearsay evidence
Evidence offered by a witness about something they did not say.
194
Hierarchy of courts
Order of importance of courts in legal decision making
195
High court
The highest court in the hierarchy of courts
196
Higher court
Any court that is above another
197
House of Representatives
The lower house of federal parliament
198
House of review
The upper house in a bicameral parliament.
199
How to vote card
Shows people how to vote
200
Human rights
Rights that belong to all humans simply because they are human beings
201
Hung jury
A jury that cannot agree on a verdict
202
Hung parliament
A parliament where there is no majority
203
Ideology
Systems or believes which one believes to be the ideal system
204
Impeachment
A trial by the legislature of a public official
205
Inadmissible evidence
Evidence that cannot be received into court to aid a judge in deciding a case
206
Income tax
Direct tax on all forms of earnings
207
Independent
A parliamentarian who does not belong to a party
208
Indictable offence
A serious criminal offence
209
Indirect election
Where voters elect members of a body that is empowered to elect an office holder
210
Informal vote
Not counted towards an election because it was filled out incorrectly
211
In futuro
Setting rules for the future
212
Injunction
A court order that requires apartheid take specific action or refrain
213
Innocent until proven guilty
The idea that any person is innocent until a jury convicts him
214
Inquisitional system
Where the judge determines the facts of a case then gives penalty or sanctions.
215
International law
Treaties and regulations which reduce in humane actions from nations.
216
Interpretation act
An act which tells the court how to interpret
217
Interrogators
Formal set of questions in the pre trial phase to gain further information
218
Joint committee
A committee which contains upper and lower house members
219
Joint sitting
After a double dissolution both houses meet to pass the bill.
220
Judicial power
To interpret the law or apply the law in cases
221
Judicial review
Term used to refer to the appeal process
222
Judge
Title of preceding person who makes final decesion
223
Judge made law
Law that is created or modified by the courts
224
Judgement
A decision by a court to settle a civil or criminal dispute
225
Judicial discretion
Ability for a judge to make reasonable or acquit-table choices
226
Judicial independence
Power of separation between parliament and the courts
227
Judiciary
Members of a court of law who interpret law and settle disputes
228
Jury
A group of randomly selected people who hear a case
229
Jury duty
A requirement that citizens are liable to be a juror
230
Justice
Society's concept of fairness
231
Absolute Majority
If a candidate gains 50% plus 1 in an election.
232
Law
Rules of conduct enforced by the court
233
Law reform commission
Body of persons which enquire about aspects of law which might need to be revised
234
Law reports
Collection of judgments of courts in common law
235
Legal aid
Financial assistance which helps those in need of legal assistance who cannot afford it
236
Legal system
Hierarchy of courts and the process of law that provides resolution of disputes
237
Legislation
Activity of parliament when debating bills
238
Legislative assembly
The lower house in state parliaments
239
Legislative council
The upper house of state parliament
240
Legislative function
Activity of parliament when debating, scrutinising or enacting statutes
241
Legislative power
Authority of parliament to make laws for society
242
Legislature
A law making body of parliament
243
Liberal democracy
A view that the ideal system should contain a majoritarian democracy with the protection of legal and social rights of individuals and minority groups
244
Liberalism
Believe in a free market economy and increased government intervention.
245
Limited government
Belief that governments should not have unlimited power and there actions should be governed by the rule of law
246
Literal rule
Judge asses act in isolation and judge by exact words of law.
247
Litigation
Taking legal proceedings towards another person
248
Lower court
Any court lower in the hierarchy of courts
249
Lower house
The chamber of a bicameral parliament that is popularly elected and intends to express the will of the people
250
Magistrate
A person who administers justice in a magistrates court
251
Magistrates court
The lowest court in the hierarchy of courts
252
Magna Carta
Document signed in 1215 by King John which states that the King is liable to all law and can be tried by a jury. This is considered to be the start of modern legal and political freedoms
253
Main committee
Alternate pathway for the consideration in detail of bills in the lower house
254
Major party
Political parties that can achieve a majority or near majority in the House of Representatives
255
Majoritarian electoral systems
Electoral systems based on a single member electorates that generally lead to election outcomes
256
Majority verdict
A jury decision that is not unanimous but is still accepted as a clear verdict
257
Malapportionment
The drawing of electoral boundaries to allow a large variation in the number of constituents
258
Mandate
The authority provided by voters for a party to pursue its political policies
259
Mandatory sentencing
Laws that remove judicial discretion in the setting of criminal sanctions
260
Marginal seat
A classification used by the Australian electoral commission to refer to seats in which the winning party holds 50% and 56% f the two party preferred vote.
261
Mass media
The term used for organisations that provide large amounts of information to large amounts of people
262
Matters of public importance
A parliamentary procedure that allows MPs to talk in parliament if topic if is not covered in debate
263
Maxim
A legal tradition,principal of rule.
264
Men's Rea
Intent to commit an offence
265
Mention court
Hears an indictment offence and transfers it to the higher court
266
Micro party
An organisation that contests elections for the purpose of raising its profile and putting pressure on larger parties
267
Minister
A member of parliament who is a member of the government and has a responsibility for a portfolio covering an area of government policy and administration
268
Ministry
The collective term for all government ministers
269
Minority governments
A government that does not hold a majority of seats in the lower house
270
Minor party
Parties that do not have the support to win a majority in the lower house
271
Mirror representation
The principle that the backgrounds of elected representatives, especially their racial origins, ethnicity, sex, social class and occupational background should be a good representation of the general population
272
Mischief rule
If the meaning of an act is unclear the mischief rule requires judges to asses the purpose of the legislation or the mischief act seeks to prevent it
273
Misdemeanour
A minor breach of law
274
Misery index
A measure of the economic well being of a community
275
Mistrial
When because of some fundamental error in legal proceedings or the inability of the jury to reach a decision. The original trial result is set aside and another trial must be held.
276
Mixed member electoral system
Where voters have 2 votes to elect a person for both houses
277
Monarchy
Government where an inherited position which is called a king or queen rules the country.
278
Money bill
A bill that provides authority to the government to raise taxes or spend money for a particular purpose
279
Multi member electorate
Elect more then one purpose to parliament
280
Nationalism
A strong sense of loyalty to a nation or country
281
Native title
A common title used by indigenous Australians to refer to Australia
282
Natural justice
The right of all individuals of access to the due process of court proceedings.
283
Negligence
The law concerning actions that create injury or finical loss to another due to a failure to use reasonable care.
284
Nexus provision
Requirement that members in the House of Representatives be twice as many as the senate
285
No confidence motion
Tests the governments level of support in the lower house
286
Non aligned voter
A voter who has no loyalty to a political party
287
Nolle prosequi
Prosecutions not followed by a case
288
Noscitur a sociis
A common law maxim that states that the questionable meaning of a word or doubtful words can be derived from its association with other words within context of the phrase
289
Notice paper
Printed documents circulated each sitting day that lists all outstanding business before a House of Parliament
290
Officers of parliament
A term covering the permanent appointed officers who provide support services for parliament
291
Obiter dictum
All parts of legal judgement that are not part of the core statement
292
Oligarchy
Government by a few or minority class
293
Ombudsman
An official appointed by parliament to investigate complaints against the government
294
One vote one person
The principle that all votes must have the same value
295
Open government
The principle that citizens should know what the government has passed and how it was passed
296
Opposition
The second largest parliament in the let house
297
Optional preferential voting
A system where voters can choose how many preferences they put on the ballot paper
298
Original jurisdiction
The disputes that a court hears on there first presentation
299
Outer ministry
Ministers with less major responsibilities
300
Over representation
The tendency for elections based on single member electorates to create election results in which the winning party gains a greater proportion of parliamentary seats then the proportion of the overall national vote they achieved
301
Overruling
When a higher court decision n a similar but subsequent case departs from a lower court judgement on the basis that the lower court wrongly decided the original case
302
Pairs
Arrangement between opposition and government to maintain balance
303
Parliament
A body who passes legislation
304
Parliamentary counsel
Legal officers who draft bills
305
Parliamentary government
A system of government where power is vested in the people
306
Parliamentary privilege
Special rights that give parliamentarians immunity from ordinary law
307
Parliamentary procedure
Rules created by parliament to regulate its own activities
308
Parliamentary secretary
A member of the government executive who assists s minister in a carrying out there duties
309
Parliamentary sovereignty
The principle where parliamentary statute and judge made law conflict, statute always wins.
310
Parole
The conditional release of a prisoner from prison
311
Partisan
The practice of voting in debates strictly along party lines
312
Party dicispline
The control by a party to make sure its members vote together
313
Penal colony
And overseas settlement established to send convicts
314
Persuasive precedent
A common law precedent that may be used by a court in reaching a judgement but is not binding
315
Petition
A document signed by a group of people a presented to parliament to show there support for an action
316
Plaintiff
The person who brings an action in a civil case
317
Plea-bargaining
If a defendant pleas guilty earlier a lighter sentence is given
318
Pleadings
Documents in which parties in a civil action set out the arguments that make up their case
319
Plebiscite
A direct vote by the people on an issue
320
Plural voting
Allows some voters to cast more then one vote
321
Plurality
Election result were the winner is the candidate with the largest number of votes
322
Police caution
An action by the police to formally interview an offender
323
Political party
An organised group which seeks to see representation in parliament
324
Political system
The system of political decision making in a society
325
Polling place
A location where people go to vote
326
Post trial phase
The stage where a judgement has been put in place and sanctions has been imposed
327
Preamble
Sets out aims of an act
328
Preamble of a constitution
Initial part of a constitution
329
Preference whispering
A preference exchanging arrangement between a minion and micro party
330
Preferential voting
Voting system where voter must number there preferences
331
Pre selection
The endorsement of an individual seeking election as the official candidate of a political party
332
Presidential government
Combines head of state and head of government
333
The president of the senate
The preceding officer of the senate
334
Presiding officers of parliament
Head of either house
335
Pressure group
People who share the same ideals and take deliberate action to influence public policy
336
Presumption of the innocence
Innocent until proven guilty
337
Pre trial stage
The stage that precedes the court hearing
338
Primary election
An election held to find a candidate for the general election
339
Prima facie
Legal term meaning 'one the face of it'
340
Primary vote
The total of the first preferences cast for each candidate in a preferential election
341
Prime minster
Head of government
342
Private law
Law that governs disputes between private individuals
343
Private law
A non executive member of parliament
344
Private members bill
A non executive bill
345
Private sphere
Aspects of someone's life that are outside the governments realm
346
Privy Council
Provides advice to the UK monarch
347
Pro bono services
Legal services that are provided for free
348
Proclamation representation
A voting system based on multi-member electorates in which every successful candidate much achieve a quota, a fraction of the vote that reflects the number of positions to be filled
349
Proclamation of an act
The announcement of the date an act will start
350
Proroguing parliament
The official closing of session of parliament by the governor or governed general.
351
Prosecuter
The legal counsel who provides evidence against those accused
352
Public funding
The full or partial funding of the costs of a political party or political candidates
353
Public law
Law covering key areas of social conduct and social interaction
354
Public sector
The part of the economy that is run by the government
355
Public prosecutor
Conducts criminal prosecutions
356
Public service
The structure of government departments and appointed public officials.
357
Public sphere
The shared activites and interests about which a community makes collective decisions through parliament and court
358
Punishment politics
Pressuring candidates to publicly state there opinion on something
359
Push polling
Using telephone polling to associate an opposite candidate with a negative issue
360
Question time
A daily period in debate for back benchers to ask ministers questions
361
Quorum
The minimum number of members in parliament who need to be present for a debate to go forward
362
Quota
A proportional representation voting system is the number of votes that an individual candidate must achieve to secure election.
363
Ratio decidendi
The key reasons or core principal underlying a court judgement in common law.
364
Recidivism
Re-offending by ex prisoners that lead to their return to jail.
365
Redistribution
The periodic redrawing of political boundaries.
366
Referendum
A direct vote of the electorate on a policy proposal
367
Referral of powers
The transfer of an area of authority of a state parliament to the commonwealth.
368
Registrar
A legally qualified person who acts in legal proceedings with delegated powers from a presiding judge.
369
Remand
Holding someone in detention in the time frame of their arrest and there trial
370
Remedies
Compensation toward the plaintiff made by the defendant
371
Representative function
The role of parliamentarians in representing the views and interests of the electorate.
372
Republic
A government where the head of state is directly put in by the people
373
Rescission
Where a contract in a civil dispute is made void because it is impossible for the defendant to complete it.
374
Reserve powers
Constitutional powers held by the Governor General to be used at his own initiative.
375
Residual powers
The areas of law making authority that are not grant by the commonwealth.
376
Responsible parliamentary government
An executive must be supported by a majority of the parliament.
377
Restitution
Civil remedy where a court makes a defendant return property to a plantiff
378
Restorative justice
Seek dispute resolutions that recognise the damage done to the victim and the community and as far as is possible to repair the harm of the crime.
379
Reversing
The action of a higher court in overturning the decision of a lower court and substituting a correct ratio decidendi where a lower court applied an incorrect ratio to a case.
380
Rights
Characteristics, abilities or actions of human beings that should not be limited by law.
381
Right to silence
Both the right in law of suspects to remain silent when questioned by police and the right of an accused not provide evidence in a trial.
382
Robson rotation
Process of rotating the order of candidates names on ballot paper, so the favoured positions are shared equally by all candidates.
383
Royal assent
When a governor or Governor General signs a bill on behalf of the queen.
384
Rule of law
The principle that all individuals are equal before the law.
385
Rules of evidence
Rules governing the acceptability and presentation of evidence in court.
386
Safe seat
A term used to refer to seats in which a party hold 60% of the majority
387
Sanctions
Punishment but on convicted people
388
Scrutineers
A person appointed by a candidate to count votes
389
Search warrant
A court order authorising the searching of a house or other premises
390
Secret ballot
Arrangements to make sure voters doesn't have to reveal how they vote
391
Select committee
Short term committee set up by parliament to investigate.
392
Self-government
A grant of internal autonomy among a colony.
393
Senate
The upper house of the parliament
394
Sentence
The sanction that is imposed on someone who is convicted of a crime.
395
Separation of powers
The division of the governments executive, legislative and judicial powers.
396
Sergeant-at-arms
An appointed officer of the house who assists the lower house speaker.
397
Service of writ
Official delivery of official documents such as summons
398
Session of parliament.
The period of time in which parliament sits.
399
Sessional orders
A minor offence
400
Single member electorate
An electorate represented in government by only one person.
401
Single transferable vote
An aspect of the counting of votes under the proportional representation.
402
Socio economic status
The ranking of a community into groups on factors such as occupation and income.
403
Socialism
A political ideal that seeks to redistribute to creat equality
404
Solicitor
A professionally trained lawyer who provides legal advice directly to clients.
405
Sovereignty
The supreme authority to govern an independent nation.
406
Speaker
The presiding officer of the lower House of Parliament.
407
Specialised courts
Courts that deal with specific cases were the defendant is seen that have social or individual behaviour problems.
408
Specific performance
An order made in civil cases which propel parties to fulfill there obligations
409
Specific purpose grants
A finical payment made to the state by the commonwealth
410
Stages in passage of a bill
1. First reading all members are given a copy
2. Second reading minister responsible announces intention etc, bill is debated and amendments made
3. Bill is brought to upper house
411
Standard of proof
The degree of certainty required in a trial
412
Standing committees
Set up under standing orders and exist for the life of parliament.
413
Standing orders
Permanent rules covering the conduct of parliament
414
State decisis
Basis of the doctrine of precedent that judges should abide by legal rules.
415
State
General term for sovereign nation.
416
State administrative tribunal
Solves issues not covered by the original jurisdiction of courts.
417
Staters rights
Believe regional governments should have have the same or more power then central governments.
418
Statute
Legally enforceable legislative act
419
Statute of limitations
The amount of time that can elapse between a crime and it being heard in court.
420
Statutory authority
A body set up under parliamentary statute but not operated by a public service department.
421
Statutory interpretation
The determination of an act by parliament before it is used in court
422
Stay of proceedings
The suspension of a case
423
Subject
The role of the people in dictatorships or monarchs
424
Subpoena
An order requiring someone to appear in court at a certain time.
425
Summary judgement
A judgement based on evidence given by a plantiff and not disputed by a defendant
426
Summons
A document issued my the magistrates court requiring someone appear at court.
427
Superior courts
Court that is at the top of the court hierarchy
428
Supply bill
A bill presented to parliament to provide for the use of government funds on governments ordinary expenses.
429
Supreme Court
Has jurisdiction over serious offences such as murder and armed robbery along with civil disputes over 750,000
430
Surety
A binding commitment to pay sum of money if a legal act is not performed.
431
Suspended sentence
Sanctum of a jail time that someone does not have to serve unless they re offend
432
Swinging voter
A person who votes for different political parties
433
Terra nullius
Term used to stay that land belongs to no one
434
Test case
Legal case that creates a principal for further cases
435
Three cornered contest
A contesting an individual electorates where to closely aligned parties both stand candidates against a political adversary
436
Toggle affect
Tendency for voters to vote against a party to avoid having the same party in federal and state
437
Tart
An action that causes a civil cases that is not caused by a contract breach
438
Totalitarianism
A system of government where the elites hold all the power.
439
Trial
A case being heard by a judge who determines the facts and law.
440
Tribunal
A board that can settle legal disputes quicker and less formally then the courts
441
Trustee
Where an elected member of parliament acts on behalf of his constituents by voting in parliament on the basis of his own personal judgement
442
Two party system
A democracy where political loyalties are split between two opposing parties
443
Two party preferred vote
A calculation of the aggregate support of the two main parties in an election after all preferences have been distributed.
444
Ultra vires
Legislation passed outside the power of the Australian constitution.
445
Unanimous verdict
A verdict where all jurors agree to the guilt of the accused.
446
Underdog affect
Increased support during the course of an election campaign for the party that is trailing in polls.
447
Unicameral parliament
Governments with only on legislature house
448
Uniform tax agreements
Agreement made in 1942 to help the commonwealth finance the war and started the commonwealths monopoly on Australia's income tax.
449
Unitary system
Where a single nation parliament makes laws for the entire country's
450
Urgency motion
Motion moved in parliament that if it does have significant support allows debate on the matter raised by the motion without requiring prior notice.
451
Usher of the black rod
An officer who assists the president of the senate
452
Vertical fiscal imbalance
The situation in a federation where the expenditure of a level of government does not correspond to its own source of revenue.
453
Voluntary voting
Choice if you want vote or not
454
Vote of no confidence
A vote against the parliament
455
Voter
A person who is entitled to vote in an election
456
Vote wastage
A political party may receive less seats then there overall support.
457
Voting ticket
Shows how someone needs to preference there vote
458
Warrant
Lawful authority given to police to carry out an action
459
Wash minister mutation
Mix of the Westminster system and the United States system
460
Wasted majority
Waiting votes in safe seats
461
Wedge politics
Party seeks political advantage by promoting division in the community
462
Westminster chain of responsibility
Conventions that create accountability in a system of responsible parliamentary democracy.
463
Westminster conventions
Conventions that underlie responsible parliamentary government.
464
Westminster system
Any political system based of the U.K.
465
Whip
A member of parliament who enforces party discipline
466
Winners bonus
Elections results in which the winning party achieves a larger proportion of the seats in parliament.
467
Witness
Gives sworn evidence in court based of direct experience.
468
Writ
An order of court requiring the performance of a specific act.
469
Wrongful conviction
The conviction of someone who is innocent.
