Glossary - B

Question 1

Bail

Answer 1

The money or sureties put up by a person accused of a crime to assure a court that they will re-present themselves for trial. Bail allows the accused to remain free until the trial. Bail will not be granted if the accused is considered to be a danger to society. If the accused does not have the funds or assets needed they will be remanded until the trial.

Question 2

Bailiff

Answer 2

An officer of the court responsible for serving and executing the processes of the court and who is authorised to serve summons, make arrests and execute warrants of execution.

Question 3

Balance of Power

Answer 3

A balance of power exists when no single party or coalition has a majority in a parliament. Therefore for a bill to pass it must be supported by a sufficient number of the members of any minor parties or independents. This power to allow or veto legislation is called the balance of power. Between 1981 and 2005 minor parties or independent held the balance of power in the Australian Senate.

Question 4

Balance of Probabilities

Answer 4

This is the standard of proof required in civil proceedings. In a civil case a litigant will be found to be at fault if their version of events is judged to be less probable than the case put by the other party.

Question 5

Ballot Paper

Answer 5

The voting slip or piece of paper on which a vote is recorded. In some countries mechanical or electronic voting machines are used thus the terms machine ballots and electronic ballots.

Question 6

Bandwagon Effect

Answer 6

The tendency for a political party that starts an election campaign ahead in the polls to increase its lead as the election approaches.

Question 7

Barrister

Answer 7

An independent legal practitioner who presents a case in a court. A barrister may only deal with solicitors and not directly with clients.

Question 8

Beyond Reasonable Doubt

Answer 8

The standard of proof required in a criminal case. The prosecution must provide must provide evidence to show that there is no plausible explanation of the case other than the guilt of the defendant; that the accused is guilty beyond reason doubt.

Question 9

Backbencher

Answer 9

Any member of a parliament who is not a government minister or ministerial secretary, a presiding officer (eg: the Speaker) or an opposition shadow minister. The name is used because these members sit on the benches at the back of the chamber.

Question 10

Bicameral Parliament

Answer 10

A system of government where the legislature is divided into two chambers, an upper house and a lower house. In Westminster parliaments the lower house is the house of government and the upper house is a house of review.

Question 11

Bill

Answer 11

A legislative proposal which is formally introduced into a parliament and if passed becomes law.

Question 12

Bill of Rights

Answer 12

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

Question 13

Binding Precedent

Answer 13

A decision of a higher court that must be followed by a lower court in the same jurisdiction.

Question 14

Bipartisan

Answer 14

An action or policy that is not disputed by opposing political parties. The term usually is applied to policies that are accepted by both the government and the opposition.

Question 15

Black Letter of the Law

Answer 15

The doctrine that the interpretation of statutes by courts must reflect the literal meaning of the law.

Question 16

Blue Ribbon Electorate

Answer 16

A seat where the winning candidate has achieved more than 60% of the two party preferred vote.

Question 17

Bond (criminal sanctions)

Answer 17

The sentences applied by the courts to a person who has been found guilty of an offence. Sanctions include fines, community service orders and imprisonment. By applying criminal sanctions the law seeks retribution for the offence, the protection of society from the offender, deterrence of others from the offending and the rehabilitation of the criminal so they will not re-offend.

Question 18

Budget

Answer 18

The annual statement of the expenditure and revenue plans of a government for the forthcoming year.

Question 19

Burden or Onus of Proof

Answer 19

The requirement that the person who makes a legal claim (the plaintiff in civil proceedings and the prosecution in a criminal trial) is responsible for substantiating their case.

Question 20

By-election

Answer 20

An election held between general elections to fill a seat left vacant because a member of parliament has died, resigned or been expelled.

Question 21

By-law

Answer 21

A rule or regulation based on delegated authority. The term is mostly used to describe community level regulations passed under the authority delegated to local governments by state parliaments.