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Glossary Flashcards

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1
Q

Absolute Monarchy

A

A country which is fully ruled by a monarchy.

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2
Q

Access

A

An individual’s right to exercise their rights in the legal system.

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3
Q

Accountability

A

All public officials both appointed and elected have a requirement to answer to the people.

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4
Q

Acquittal

A

A courts judgment that a defendant is not guilty

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5
Q

Act of Parliment

A

A piece of legislation that has been passed by parliment.

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6
Q

Actus Reus

A

A guilty deed or act.

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7
Q

Address in reply debate

A

A debate following the Governors Generals speech which sets out the executives program for the next session.

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8
Q

Adjournment debate

A

A debate, debating when a debate should be rescheduled to.

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9
Q

Adjudication

A

Judging the merit of two points of view

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10
Q

Administrative law

A

Rules regarding government administrative agency’s such as internal appeal trouble.

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11
Q

Admissible evidence.

A

Legible evidence in a trial.

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12
Q

ADR

A

The resolution of legal matters through mediation and arbitration.

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13
Q

Amendment

A

An alteration to a bill or act.

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14
Q

Appeal

A

Challenge to an judgment in lower court by higher court.

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15
Q

Appearance

A

Replying to summon by the court.

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16
Q

Appellant Jurisdiction

A

The higher court listening to an appeal from the lower court.

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17
Q

Arbitration

A

A 3rd party judging a dispute.

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18
Q

Aristocracy

A

Government ruled by the elite of society.

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19
Q

Arms of government

A

Different areas of government, legislative, executive and judicial.

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20
Q

Arraignment

A

The act of pleading guilty or non guilty to a criminal act.

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21
Q

Australia acts

A

An act passed in 1986 which stops Britain from making laws that affect Australia

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22
Q

Authoritarian government

A

A dictatorship

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23
Q

Authority

A

A consensus act to make decisions

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24
Q

Autocracy

A

One person with virtually unlimited power.

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25
Q

Autonomous powers

A

The ability to create legislation without it being overturned.

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26
Q

Backbencher

A

A member of parliament who does no hold a title.

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27
Q

Bail

A

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.

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28
Q

Bailiff

A

An officer of the court responsible for carrying out arrests serving summons and and execute warrants

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29
Q

Balance of power

A

When no sing party hold majority in parliament.

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30
Q

Balance of probabilities.

A

The standard of proof required in civil proceedings.

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31
Q

Ballot paper

A

Voting slip

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32
Q

Bandwagon affect

A

A party which started ahead in the polls to gain more support ad election draws closer.

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33
Q

Barrister

A

An independent legal practitioner that presents a case in court.

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34
Q

Beyond reasonable doubt

A

The standard of proof required in a criminal case

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35
Q

Bicameral parliament

A

A system of government where legislature is divided into an upper house and lower house.

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36
Q

Bill

A

A legislative proposal that becomes law

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37
Q

Bill of rights

A

A statement of legal and political right that has significant status in law.

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38
Q

Binding precedent

A

A decision from higher court which lower court have to follow.

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39
Q

Bipartisan

A

An action or policy which is not disputed by opposing political parties.

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40
Q

Black letter of the law

A

Any decision made by the courts must be decided by using the literal manning of the law.

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41
Q

Blue ribbon electorate

A

A candidate that dominated his opponent

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42
Q

Bond

A

The sentencing by a court

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43
Q

Budget

A

The money assigned to all sectors of government.

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44
Q

Burden

A

The plaintiff must be responsible by substantiating their case

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45
Q

By election

A

Election held between general elections to fill an empty seat.

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46
Q

By law

A

A rule based on d legates authority

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47
Q

Cabinet

A

The executive body of government

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48
Q

Campaign

A

Parliamentary candidates attempt to persuade voters to vote for them.

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49
Q

Candidate

A

A person who stands for election

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50
Q

Case law

A

A word for the whole body of a judge made law

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51
Q

Case management

A

Supervision of the pre trial phase by civil officers

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52
Q

Casting vote

A

Vote exercised by a speaker that decides a matter when votes are equally divided

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53
Q

Casual vacancy

A

A vacancy in parliament caused by death or resignation

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54
Q

Caucus

A

A decesion making process in the political process.

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55
Q

Caveat emptor

A

Checking a product before buying

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56
Q

Censure motion

A

A motion that is critical of a minister

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57
Q

Centralism

A

To increase its powers at the expense of the states.

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58
Q

Certificate of readiness for trial

A

Final step in civil pre trial when defendant and plaintiff both they say they have followed procedures and still not have settled differences

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59
Q

Challenge to a jury

A

Legal counsel asking if a juror can be removed.

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60
Q

Charge to a jury

A

The judges oral instructions to a jury before deciding.

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61
Q

Checks and balances

A

Where the government is divided among distinct arms of government.

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62
Q

Children’s court

A

Where minors between the ages of 10-17 are charged, along with dealings of child protection.

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63
Q

Circumstantial evidence

A

Indirect evidence

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64
Q

Citizenship

A

Legal membership to a country

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65
Q

Civil dispute

A

A legal dispute between two people

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66
Q

Civil law

A

Regulates private relationships in a community

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67
Q

Civil law system

A

A system where written laws must b followed by judges

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68
Q

Civil proceedings

A

Legal actions brought to solve disputes between people.

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69
Q

Class

A

A group of people with social characteristics in common

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70
Q

Coalition

A

An alliance between two or more parties in parliament

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71
Q

Coequal power

A

The division of power between the house of the federal Parliament House of Representatives and the senate.

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72
Q

Coercive federalism

A

Used to describe the imbalance of power in the federal system

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73
Q

Committal mention

A

A person accused of a indictable offence enters a plea and is committed for trial in a superior court.

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74
Q

Committee

A

A small cross party group that inquiries into specified matters and reports back to parliament.

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75
Q

Committee of the whole

A

When all members of parliament consider a bill in detail.

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76
Q

Consideration in detail stage

A

A stage in legislation where possible amendments are made

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77
Q

Common law

A

Law that is based on previous judgments from the court.

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78
Q

Common law right

A

Rights that flow from legal traditions.

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79
Q

Community circle court

A

Courts that directly involve the community

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80
Q

Compulsory voting

A

Having to vote in elections by law

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81
Q

Concurrent power

A

A power that can be exercised by both the commonwealth and the states

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82
Q

Confederation

A

A group of independent nations who agree to hand over some power to a joint political body

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83
Q

Conscience vote

A

A vote in parliament where members are free to vote on their own judgment.

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84
Q

Conservative

A

Value stability and oppose social change. Believe in limited government.

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85
Q

Constituency

A

Electors who vote for are a representative

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86
Q

Constitution

A

The set of basic laws in which a country is governed by.

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87
Q

Constitutional convention

A

A meeting called to modify the constitution

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88
Q

Constitutional law

A

Legal precedents made up of judgements from the higher court

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89
Q

Constitutionalism

A

Powers of the government should be limited and dumb jet to the rule of law

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90
Q

Constitutional monarchy

A

A monarchy with a parliament

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91
Q

Contempt of the court

A

The deliberate disregard of the order of the court

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92
Q

Contract law

A

Promises regarded by law

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93
Q

Conciliation and mediation

A

Attempt by a third party to reach a manual settlement

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94
Q

Concurrent sentence

A

Where a criminal revives multiple sentences

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95
Q

Convention of the constitution

A

An unwritten practice regarding the procedures of the political system

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96
Q

Convict

A

A prisoner

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97
Q

Conviction

A

The result of a trial in which the defendant is found guilty.

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98
Q

Cooperative federalism

A

Arrangements between commonwealth governments and state governments on administrative or legislative action.

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99
Q

Coordinate federalism

A

Federal and state governments act independently

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100
Q

Corroboration

A

Evidence that confirms the testimony of a witness

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101
Q

Costs

A

The expenses incurred in legal action

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102
Q

COAG

A

Meeting of premiers, territory minsters and prime mister

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103
Q

Counsel

A

A persons legal representative.

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104
Q

Counsel trial

A

Charged by government

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105
Q

Court trial

A

Two parties in dispute

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106
Q

Court of disputed returns

A

Court hearing the validity of an election result

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107
Q

Court of first instance

A

Origin of criminal or civil case

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108
Q

Covering clauses

A

The initial part of an act which sets out definitions

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109
Q

Criminal law

A

Actions regarded as anti social or dangerous

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110
Q

Criminal sanctions

A

Sentencing of a convicted man

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111
Q

Cross bench

A

Occupied seats by minor parties and independents

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112
Q

Cross examination

A

Questioning of a witness by the opposite counsel

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113
Q

Crossing the floor

A

A member of parliament who votes against his or her party

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114
Q

Culture

A

The dominant set of social values in a society

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115
Q

Cumulative sentence

A

Increased punishment upon multiple offences

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116
Q

Customary law

A

Traditional laws or values of a group

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117
Q

Customs and excise duties

A

Taxes on imported goods

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118
Q

Damages

A

Financial compensation for loss caused by someone’s fault or negligence.

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119
Q

Deceleration of the poll

A

The formal announcement of election results

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120
Q

Decriminalisation

A

The removal of a criminal offence from law

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121
Q

Default judgement

A

Decision in favour of plaintiff when defendant fails to contest legal claim

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122
Q

Defence

A

The effort from the defendants counsel to defeat the plaintiff

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123
Q

Defendant

A

Person that defends a civil action taken by the plantiff

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124
Q

Delegate

A

Members of parliament who vote in favourite ur of voters rather then themselves

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125
Q

Delegated legislation

A

Statues that allow the executive to authorise the public service or lawful authorities to create legally binding regulations or determine by laws

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126
Q

Democracy

A

Where leaders are voted in by citizens of a nation

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127
Q

Dictatorship

A

Where one person or a small group has complete power in a country

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128
Q

Direct democracy

A

It happened in Ancient Greece

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129
Q

Direct marketing techniques

A

Where campaigners send direct mail to specific voters to gain there support

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130
Q

Disapproving

A

Where a court decides that previous law made by another court is wrong

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131
Q

Discovering of documents

A

Looking for relevant facts in documents during the pre trial phase

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132
Q

Discrimination

A

Any action that disadvantages a group based on irrelevant factors.

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133
Q

Dissenting judgment

A

A judgment that is disagreed by q majority of judges

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134
Q

Dissolution

A

The disassembling of a parliament so general elections can be held.

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135
Q

Distinguishing

A

When a court departs from established precedent because it decides that the case before is substantially different from the facts of an earlier case

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136
Q

District court

A

An intermediate court

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137
Q

Diversion

A

Police enabled to deal with a minor offence without having to take it to court

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138
Q

Division

A

The separation of the members of parliament into those for and against a motion

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139
Q

Division of powers

A

Responsibilities of different areas in the government

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140
Q

Donkey vote

A

Where a voter is lazy

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141
Q

Double dissolution

A

To resolve deadlocks between the House of Representatives and the senate.

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142
Q

Double jeopardy

A

Individual cannot be tried for the same offence

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143
Q

Duel federalism

A

Where power is divided between federal and state

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144
Q

Due process

A

Fundamental procedures of the law

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145
Q

Duty of care

A

The legal obligation of a person robe safe in an activity

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146
Q

Egalitarianism

A

A belief in equality

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147
Q

Either way offence

A

A minor indictable offence where both a summary and an indictable penalty are set out by law

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148
Q

Ejusdem Generis

A

A common law followed when interpreting statues

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149
Q

Electoral college

A

Elected to find a political office bearer

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150
Q

Electoral system

A

The way representative institutions operate

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151
Q

Electorate

A

Persons right to vote

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152
Q

Empanelling of a jury

A

The swearing in of a jury

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153
Q

Equity

A

The decree to which citizens are treated with equal fairness

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154
Q

Enumerated powers

A

The powers of the government set out in the constitution

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155
Q

Evidence

A

Proof used in court

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156
Q

Examination of witness

A

The process of questioning a witness during a trial

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157
Q

Excise

A

A tax on the manufacture or sale of goods within country

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158
Q

Exclusive powers

A

Powers in the Australian constitution where only the commonwealth can make laws

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159
Q

Executive

A

One of the three arms of government

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160
Q

Executive council

A

Body consisting of the queens representative

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161
Q

Executive power

A

The power to administer the law

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162
Q

Exhausted vote

A

A valid ballot where all available prefences have been counted

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163
Q

Ex post facto

A

Decisions made by a court

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164
Q

Express powers

A

Decisions made by the Governor General

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165
Q

Fairly safe seats

A

Seats after a blue ribbon victory

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166
Q

Family court

A

The court that deals with family matters

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167
Q

Family group conferencing

A

Where the criminal resolves the crime through a group that included their family

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168
Q

Fascism

A

Based on a powerful leader, state control and extreme pride in their country

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169
Q

Federal court

A

Part of the heirs by of commonwealth courts

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170
Q

Federalism

A

Where power is split between the federal government and two or more states

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171
Q

Filibuster

A

Using long speeches to delay a vote

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172
Q

First past the post voting

A

Candidate with largest amounts of votes wins

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173
Q

Flood gating

A

Use of parliamentary agenda do pass large amounts of legislation

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174
Q

Franchise

A

The right to vote

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175
Q

Formal vote

A

A ballot paper that has been filled correctly

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176
Q

Frontbencher

A

Members of parliament who have a title

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177
Q

Further and better particulars

A

Devolving cases in a civil dispute

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178
Q

Gag

A

Cuts of debate on an issue

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179
Q

General election

A

An election for all seats in lower parliament

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180
Q

General purposes grant

A

Payments made to the states

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181
Q

Gerrymander

A

Drawing of electoral boundaries to create a bias for a candidate

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182
Q

Golden rule

A

One of the three standard approaches of a court to the interpretation of statues

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183
Q

Goods and services tax

A

A broadly based sales tax

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184
Q

Government

A

The body that has legal authority to set political policy

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185
Q

Governor

A

Queens representative at the state level in Australia

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186
Q

Governor General

A

Queens representative at commonwealth level

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187
Q

Governor General in council

A

The constitution uses this to indicate the powers of the Governor General

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188
Q

Grievance debate

A

Allows members to speak for 10 minutes

189
Q

Guillotine

A

Limit of the length of debate when a bill is being passed

190
Q

Habeas Corpus

A

A detainee being presented in front of a judge to determine wether a detainee is legally detained.

191
Q

Hansard

A

Official written record of parliamentary debates

192
Q

Head of Government

A

The prime minister

193
Q

Hearsay evidence

A

Evidence offered by a witness about something they did not say.

194
Q

Hierarchy of courts

A

Order of importance of courts in legal decision making

195
Q

High court

A

The highest court in the hierarchy of courts

196
Q

Higher court

A

Any court that is above another

197
Q

House of Representatives

A

The lower house of federal parliament

198
Q

House of review

A

The upper house in a bicameral parliament.

199
Q

How to vote card

A

Shows people how to vote

200
Q

Human rights

A

Rights that belong to all humans simply because they are human beings

201
Q

Hung jury

A

A jury that cannot agree on a verdict

202
Q

Hung parliament

A

A parliament where there is no majority

203
Q

Ideology

A

Systems or believes which one believes to be the ideal system

204
Q

Impeachment

A

A trial by the legislature of a public official

205
Q

Inadmissible evidence

A

Evidence that cannot be received into court to aid a judge in deciding a case

206
Q

Income tax

A

Direct tax on all forms of earnings

207
Q

Independent

A

A parliamentarian who does not belong to a party

208
Q

Indictable offence

A

A serious criminal offence

209
Q

Indirect election

A

Where voters elect members of a body that is empowered to elect an office holder

210
Q

Informal vote

A

Not counted towards an election because it was filled out incorrectly

211
Q

In futuro

A

Setting rules for the future

212
Q

Injunction

A

A court order that requires apartheid take specific action or refrain

213
Q

Innocent until proven guilty

A

The idea that any person is innocent until a jury convicts him

214
Q

Inquisitional system

A

Where the judge determines the facts of a case then gives penalty or sanctions.

215
Q

International law

A

Treaties and regulations which reduce in humane actions from nations.

216
Q

Interpretation act

A

An act which tells the court how to interpret

217
Q

Interrogators

A

Formal set of questions in the pre trial phase to gain further information

218
Q

Joint committee

A

A committee which contains upper and lower house members

219
Q

Joint sitting

A

After a double dissolution both houses meet to pass the bill.

220
Q

Judicial power

A

To interpret the law or apply the law in cases

221
Q

Judicial review

A

Term used to refer to the appeal process

222
Q

Judge

A

Title of preceding person who makes final decesion

223
Q

Judge made law

A

Law that is created or modified by the courts

224
Q

Judgement

A

A decision by a court to settle a civil or criminal dispute

225
Q

Judicial discretion

A

Ability for a judge to make reasonable or acquit-table choices

226
Q

Judicial independence

A

Power of separation between parliament and the courts

227
Q

Judiciary

A

Members of a court of law who interpret law and settle disputes

228
Q

Jury

A

A group of randomly selected people who hear a case

229
Q

Jury duty

A

A requirement that citizens are liable to be a juror

230
Q

Justice

A

Society’s concept of fairness

231
Q

Absolute Majority

A

If a candidate gains 50% plus 1 in an election.

232
Q

Law

A

Rules of conduct enforced by the court

233
Q

Law reform commission

A

Body of persons which enquire about aspects of law which might need to be revised

234
Q

Law reports

A

Collection of judgments of courts in common law

235
Q

Legal aid

A

Financial assistance which helps those in need of legal assistance who cannot afford it

236
Q

Legal system

A

Hierarchy of courts and the process of law that provides resolution of disputes

237
Q

Legislation

A

Activity of parliament when debating bills

238
Q

Legislative assembly

A

The lower house in state parliaments

239
Q

Legislative council

A

The upper house of state parliament

240
Q

Legislative function

A

Activity of parliament when debating, scrutinising or enacting statutes

241
Q

Legislative power

A

Authority of parliament to make laws for society

242
Q

Legislature

A

A law making body of parliament

243
Q

Liberal democracy

A

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
Q

Liberalism

A

Believe in a free market economy and increased government intervention.

245
Q

Limited government

A

Belief that governments should not have unlimited power and there actions should be governed by the rule of law

246
Q

Literal rule

A

Judge asses act in isolation and judge by exact words of law.

247
Q

Litigation

A

Taking legal proceedings towards another person

248
Q

Lower court

A

Any court lower in the hierarchy of courts

249
Q

Lower house

A

The chamber of a bicameral parliament that is popularly elected and intends to express the will of the people

250
Q

Magistrate

A

A person who administers justice in a magistrates court

251
Q

Magistrates court

A

The lowest court in the hierarchy of courts

252
Q

Magna Carta

A

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
Q

Main committee

A

Alternate pathway for the consideration in detail of bills in the lower house

254
Q

Major party

A

Political parties that can achieve a majority or near majority in the House of Representatives

255
Q

Majoritarian electoral systems

A

Electoral systems based on a single member electorates that generally lead to election outcomes

256
Q

Majority verdict

A

A jury decision that is not unanimous but is still accepted as a clear verdict

257
Q

Malapportionment

A

The drawing of electoral boundaries to allow a large variation in the number of constituents

258
Q

Mandate

A

The authority provided by voters for a party to pursue its political policies

259
Q

Mandatory sentencing

A

Laws that remove judicial discretion in the setting of criminal sanctions

260
Q

Marginal seat

A

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
Q

Mass media

A

The term used for organisations that provide large amounts of information to large amounts of people

262
Q

Matters of public importance

A

A parliamentary procedure that allows MPs to talk in parliament if topic if is not covered in debate

263
Q

Maxim

A

A legal tradition,principal of rule.

264
Q

Men’s Rea

A

Intent to commit an offence

265
Q

Mention court

A

Hears an indictment offence and transfers it to the higher court

266
Q

Micro party

A

An organisation that contests elections for the purpose of raising its profile and putting pressure on larger parties

267
Q

Minister

A

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
Q

Ministry

A

The collective term for all government ministers

269
Q

Minority governments

A

A government that does not hold a majority of seats in the lower house

270
Q

Minor party

A

Parties that do not have the support to win a majority in the lower house

271
Q

Mirror representation

A

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
Q

Mischief rule

A

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
Q

Misdemeanour

A

A minor breach of law

274
Q

Misery index

A

A measure of the economic well being of a community

275
Q

Mistrial

A

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
Q

Mixed member electoral system

A

Where voters have 2 votes to elect a person for both houses

277
Q

Monarchy

A

Government where an inherited position which is called a king or queen rules the country.

278
Q

Money bill

A

A bill that provides authority to the government to raise taxes or spend money for a particular purpose

279
Q

Multi member electorate

A

Elect more then one purpose to parliament

280
Q

Nationalism

A

A strong sense of loyalty to a nation or country

281
Q

Native title

A

A common title used by indigenous Australians to refer to Australia

282
Q

Natural justice

A

The right of all individuals of access to the due process of court proceedings.

283
Q

Negligence

A

The law concerning actions that create injury or finical loss to another due to a failure to use reasonable care.

284
Q

Nexus provision

A

Requirement that members in the House of Representatives be twice as many as the senate

285
Q

No confidence motion

A

Tests the governments level of support in the lower house

286
Q

Non aligned voter

A

A voter who has no loyalty to a political party

287
Q

Nolle prosequi

A

Prosecutions not followed by a case

288
Q

Noscitur a sociis

A

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
Q

Notice paper

A

Printed documents circulated each sitting day that lists all outstanding business before a House of Parliament

290
Q

Officers of parliament

A

A term covering the permanent appointed officers who provide support services for parliament

291
Q

Obiter dictum

A

All parts of legal judgement that are not part of the core statement

292
Q

Oligarchy

A

Government by a few or minority class

293
Q

Ombudsman

A

An official appointed by parliament to investigate complaints against the government

294
Q

One vote one person

A

The principle that all votes must have the same value

295
Q

Open government

A

The principle that citizens should know what the government has passed and how it was passed

296
Q

Opposition

A

The second largest parliament in the let house

297
Q

Optional preferential voting

A

A system where voters can choose how many preferences they put on the ballot paper

298
Q

Original jurisdiction

A

The disputes that a court hears on there first presentation

299
Q

Outer ministry

A

Ministers with less major responsibilities

300
Q

Over representation

A

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
Q

Overruling

A

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
Q

Pairs

A

Arrangement between opposition and government to maintain balance

303
Q

Parliament

A

A body who passes legislation

304
Q

Parliamentary counsel

A

Legal officers who draft bills

305
Q

Parliamentary government

A

A system of government where power is vested in the people

306
Q

Parliamentary privilege

A

Special rights that give parliamentarians immunity from ordinary law

307
Q

Parliamentary procedure

A

Rules created by parliament to regulate its own activities

308
Q

Parliamentary secretary

A

A member of the government executive who assists s minister in a carrying out there duties

309
Q

Parliamentary sovereignty

A

The principle where parliamentary statute and judge made law conflict, statute always wins.

310
Q

Parole

A

The conditional release of a prisoner from prison

311
Q

Partisan

A

The practice of voting in debates strictly along party lines

312
Q

Party dicispline

A

The control by a party to make sure its members vote together

313
Q

Penal colony

A

And overseas settlement established to send convicts

314
Q

Persuasive precedent

A

A common law precedent that may be used by a court in reaching a judgement but is not binding

315
Q

Petition

A

A document signed by a group of people a presented to parliament to show there support for an action

316
Q

Plaintiff

A

The person who brings an action in a civil case

317
Q

Plea-bargaining

A

If a defendant pleas guilty earlier a lighter sentence is given

318
Q

Pleadings

A

Documents in which parties in a civil action set out the arguments that make up their case

319
Q

Plebiscite

A

A direct vote by the people on an issue

320
Q

Plural voting

A

Allows some voters to cast more then one vote

321
Q

Plurality

A

Election result were the winner is the candidate with the largest number of votes

322
Q

Police caution

A

An action by the police to formally interview an offender

323
Q

Political party

A

An organised group which seeks to see representation in parliament

324
Q

Political system

A

The system of political decision making in a society

325
Q

Polling place

A

A location where people go to vote

326
Q

Post trial phase

A

The stage where a judgement has been put in place and sanctions has been imposed

327
Q

Preamble

A

Sets out aims of an act

328
Q

Preamble of a constitution

A

Initial part of a constitution

329
Q

Preference whispering

A

A preference exchanging arrangement between a minion and micro party

330
Q

Preferential voting

A

Voting system where voter must number there preferences

331
Q

Pre selection

A

The endorsement of an individual seeking election as the official candidate of a political party

332
Q

Presidential government

A

Combines head of state and head of government

333
Q

The president of the senate

A

The preceding officer of the senate

334
Q

Presiding officers of parliament

A

Head of either house

335
Q

Pressure group

A

People who share the same ideals and take deliberate action to influence public policy

336
Q

Presumption of the innocence

A

Innocent until proven guilty

337
Q

Pre trial stage

A

The stage that precedes the court hearing

338
Q

Primary election

A

An election held to find a candidate for the general election

339
Q

Prima facie

A

Legal term meaning ‘one the face of it’

340
Q

Primary vote

A

The total of the first preferences cast for each candidate in a preferential election

341
Q

Prime minster

A

Head of government

342
Q

Private law

A

Law that governs disputes between private individuals

343
Q

Private law

A

A non executive member of parliament

344
Q

Private members bill

A

A non executive bill

345
Q

Private sphere

A

Aspects of someone’s life that are outside the governments realm

346
Q

Privy Council

A

Provides advice to the UK monarch

347
Q

Pro bono services

A

Legal services that are provided for free

348
Q

Proclamation representation

A

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
Q

Proclamation of an act

A

The announcement of the date an act will start

350
Q

Proroguing parliament

A

The official closing of session of parliament by the governor or governed general.

351
Q

Prosecuter

A

The legal counsel who provides evidence against those accused

352
Q

Public funding

A

The full or partial funding of the costs of a political party or political candidates

353
Q

Public law

A

Law covering key areas of social conduct and social interaction

354
Q

Public sector

A

The part of the economy that is run by the government

355
Q

Public prosecutor

A

Conducts criminal prosecutions

356
Q

Public service

A

The structure of government departments and appointed public officials.

357
Q

Public sphere

A

The shared activites and interests about which a community makes collective decisions through parliament and court

358
Q

Punishment politics

A

Pressuring candidates to publicly state there opinion on something

359
Q

Push polling

A

Using telephone polling to associate an opposite candidate with a negative issue

360
Q

Question time

A

A daily period in debate for back benchers to ask ministers questions

361
Q

Quorum

A

The minimum number of members in parliament who need to be present for a debate to go forward

362
Q

Quota

A

A proportional representation voting system is the number of votes that an individual candidate must achieve to secure election.

363
Q

Ratio decidendi

A

The key reasons or core principal underlying a court judgement in common law.

364
Q

Recidivism

A

Re-offending by ex prisoners that lead to their return to jail.

365
Q

Redistribution

A

The periodic redrawing of political boundaries.

366
Q

Referendum

A

A direct vote of the electorate on a policy proposal

367
Q

Referral of powers

A

The transfer of an area of authority of a state parliament to the commonwealth.

368
Q

Registrar

A

A legally qualified person who acts in legal proceedings with delegated powers from a presiding judge.

369
Q

Remand

A

Holding someone in detention in the time frame of their arrest and there trial

370
Q

Remedies

A

Compensation toward the plaintiff made by the defendant

371
Q

Representative function

A

The role of parliamentarians in representing the views and interests of the electorate.

372
Q

Republic

A

A government where the head of state is directly put in by the people

373
Q

Rescission

A

Where a contract in a civil dispute is made void because it is impossible for the defendant to complete it.

374
Q

Reserve powers

A

Constitutional powers held by the Governor General to be used at his own initiative.

375
Q

Residual powers

A

The areas of law making authority that are not grant by the commonwealth.

376
Q

Responsible parliamentary government

A

An executive must be supported by a majority of the parliament.

377
Q

Restitution

A

Civil remedy where a court makes a defendant return property to a plantiff

378
Q

Restorative justice

A

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
Q

Reversing

A

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
Q

Rights

A

Characteristics, abilities or actions of human beings that should not be limited by law.

381
Q

Right to silence

A

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
Q

Robson rotation

A

Process of rotating the order of candidates names on ballot paper, so the favoured positions are shared equally by all candidates.

383
Q

Royal assent

A

When a governor or Governor General signs a bill on behalf of the queen.

384
Q

Rule of law

A

The principle that all individuals are equal before the law.

385
Q

Rules of evidence

A

Rules governing the acceptability and presentation of evidence in court.

386
Q

Safe seat

A

A term used to refer to seats in which a party hold 60% of the majority

387
Q

Sanctions

A

Punishment but on convicted people

388
Q

Scrutineers

A

A person appointed by a candidate to count votes

389
Q

Search warrant

A

A court order authorising the searching of a house or other premises

390
Q

Secret ballot

A

Arrangements to make sure voters doesn’t have to reveal how they vote

391
Q

Select committee

A

Short term committee set up by parliament to investigate.

392
Q

Self-government

A

A grant of internal autonomy among a colony.

393
Q

Senate

A

The upper house of the parliament

394
Q

Sentence

A

The sanction that is imposed on someone who is convicted of a crime.

395
Q

Separation of powers

A

The division of the governments executive, legislative and judicial powers.

396
Q

Sergeant-at-arms

A

An appointed officer of the house who assists the lower house speaker.

397
Q

Service of writ

A

Official delivery of official documents such as summons

398
Q

Session of parliament.

A

The period of time in which parliament sits.

399
Q

Sessional orders

A

A minor offence

400
Q

Single member electorate

A

An electorate represented in government by only one person.

401
Q

Single transferable vote

A

An aspect of the counting of votes under the proportional representation.

402
Q

Socio economic status

A

The ranking of a community into groups on factors such as occupation and income.

403
Q

Socialism

A

A political ideal that seeks to redistribute to creat equality

404
Q

Solicitor

A

A professionally trained lawyer who provides legal advice directly to clients.

405
Q

Sovereignty

A

The supreme authority to govern an independent nation.

406
Q

Speaker

A

The presiding officer of the lower House of Parliament.

407
Q

Specialised courts

A

Courts that deal with specific cases were the defendant is seen that have social or individual behaviour problems.

408
Q

Specific performance

A

An order made in civil cases which propel parties to fulfill there obligations

409
Q

Specific purpose grants

A

A finical payment made to the state by the commonwealth

410
Q

Stages in passage of a bill

A
  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
Q

Standard of proof

A

The degree of certainty required in a trial

412
Q

Standing committees

A

Set up under standing orders and exist for the life of parliament.

413
Q

Standing orders

A

Permanent rules covering the conduct of parliament

414
Q

State decisis

A

Basis of the doctrine of precedent that judges should abide by legal rules.

415
Q

State

A

General term for sovereign nation.

416
Q

State administrative tribunal

A

Solves issues not covered by the original jurisdiction of courts.

417
Q

Staters rights

A

Believe regional governments should have have the same or more power then central governments.

418
Q

Statute

A

Legally enforceable legislative act

419
Q

Statute of limitations

A

The amount of time that can elapse between a crime and it being heard in court.

420
Q

Statutory authority

A

A body set up under parliamentary statute but not operated by a public service department.

421
Q

Statutory interpretation

A

The determination of an act by parliament before it is used in court

422
Q

Stay of proceedings

A

The suspension of a case

423
Q

Subject

A

The role of the people in dictatorships or monarchs

424
Q

Subpoena

A

An order requiring someone to appear in court at a certain time.

425
Q

Summary judgement

A

A judgement based on evidence given by a plantiff and not disputed by a defendant

426
Q

Summons

A

A document issued my the magistrates court requiring someone appear at court.

427
Q

Superior courts

A

Court that is at the top of the court hierarchy

428
Q

Supply bill

A

A bill presented to parliament to provide for the use of government funds on governments ordinary expenses.

429
Q

Supreme Court

A

Has jurisdiction over serious offences such as murder and armed robbery along with civil disputes over 750,000

430
Q

Surety

A

A binding commitment to pay sum of money if a legal act is not performed.

431
Q

Suspended sentence

A

Sanctum of a jail time that someone does not have to serve unless they re offend

432
Q

Swinging voter

A

A person who votes for different political parties

433
Q

Terra nullius

A

Term used to stay that land belongs to no one

434
Q

Test case

A

Legal case that creates a principal for further cases

435
Q

Three cornered contest

A

A contesting an individual electorates where to closely aligned parties both stand candidates against a political adversary

436
Q

Toggle affect

A

Tendency for voters to vote against a party to avoid having the same party in federal and state

437
Q

Tart

A

An action that causes a civil cases that is not caused by a contract breach

438
Q

Totalitarianism

A

A system of government where the elites hold all the power.

439
Q

Trial

A

A case being heard by a judge who determines the facts and law.

440
Q

Tribunal

A

A board that can settle legal disputes quicker and less formally then the courts

441
Q

Trustee

A

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
Q

Two party system

A

A democracy where political loyalties are split between two opposing parties

443
Q

Two party preferred vote

A

A calculation of the aggregate support of the two main parties in an election after all preferences have been distributed.

444
Q

Ultra vires

A

Legislation passed outside the power of the Australian constitution.

445
Q

Unanimous verdict

A

A verdict where all jurors agree to the guilt of the accused.

446
Q

Underdog affect

A

Increased support during the course of an election campaign for the party that is trailing in polls.

447
Q

Unicameral parliament

A

Governments with only on legislature house

448
Q

Uniform tax agreements

A

Agreement made in 1942 to help the commonwealth finance the war and started the commonwealths monopoly on Australia’s income tax.

449
Q

Unitary system

A

Where a single nation parliament makes laws for the entire country’s

450
Q

Urgency motion

A

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
Q

Usher of the black rod

A

An officer who assists the president of the senate

452
Q

Vertical fiscal imbalance

A

The situation in a federation where the expenditure of a level of government does not correspond to its own source of revenue.

453
Q

Voluntary voting

A

Choice if you want vote or not

454
Q

Vote of no confidence

A

A vote against the parliament

455
Q

Voter

A

A person who is entitled to vote in an election

456
Q

Vote wastage

A

A political party may receive less seats then there overall support.

457
Q

Voting ticket

A

Shows how someone needs to preference there vote

458
Q

Warrant

A

Lawful authority given to police to carry out an action

459
Q

Wash minister mutation

A

Mix of the Westminster system and the United States system

460
Q

Wasted majority

A

Waiting votes in safe seats

461
Q

Wedge politics

A

Party seeks political advantage by promoting division in the community

462
Q

Westminster chain of responsibility

A

Conventions that create accountability in a system of responsible parliamentary democracy.

463
Q

Westminster conventions

A

Conventions that underlie responsible parliamentary government.

464
Q

Westminster system

A

Any political system based of the U.K.

465
Q

Whip

A

A member of parliament who enforces party discipline

466
Q

Winners bonus

A

Elections results in which the winning party achieves a larger proportion of the seats in parliament.

467
Q

Witness

A

Gives sworn evidence in court based of direct experience.

468
Q

Writ

A

An order of court requiring the performance of a specific act.

469
Q

Wrongful conviction

A

The conviction of someone who is innocent.

Politics And Law (1 decks)

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