Glossary - D

Question 1

Declaration of the Poll

Answer 1

The formal announcement of election results; the end of the election process.

Question 2

Decriminalisation

Answer 2

The removal of an offence from the criminal code or the reduction of the severity of the sanctions used to control an offence.

Question 3

Default Judgement

Answer 3

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

Question 4

Defence

Answer 4

1) The effort of the accused or defendant’s counsel during the trial process designed to defeat the prosecution or plaintiff in a trial.
2) To counter, or defeat the plaintiff’s contentions, a response to a complaint.
3) A plea that reduces or eliminates the ‘guilt’ of an accused; for example, a plea of self-defence.

Question 5

Defendant

Answer 5

Person, company or organisation that defends a civil action taken by a plaintiff. Also a person charged with a criminal offence.

Question 6

Delegate (Role of Parliamentarians)

Answer 6

Members of parliament who vote in parliament according to what they perceive as the will of the voters who elected them rather than expressing their own views or the position of their party.

Question 7

Damages

Answer 7

Financial compensation ordered by a court to offset loss or suffering caused by another person’s fault or negligence. There are three main types of damages. Compensatory damages are intended to reimburse or compensate the plaintiff for the losses they suffered. Exemplary damages (or punitive damages) are awarded to punish and make an example of the defendant to the community. Plaintiffs may seek nominal damages (that is, they do not ask for financial compensation) when they want to prove a point of principle.

Question 8

Delegated Lefislation

Answer 8

Statutes that allow the executive to authorise the public service or other lawful authorities (eg. statutory authorities or local governments) to create legally binding regulations or determine by-laws.

Question 9

Democracy

Answer 9

A political and legal system that is based on the principles of individual freedom and equality and the rule of the people. In direct democracies the people vote directly on legislation and in representative democracies the people’s elected representatives vote on legislation. Direct democracy famously existed in Ancient Greece. Examples of representative democracies include Australia, The Unites States and the countries of Western Europe.

Question 10

Dictatorship

Answer 10

A government in which one person (or small group) has complete power in a country, especially when the power is achieved by force. Dictators are ‘above the law’ and their actions restrict the legal and civil rights of citizens. Examples include Iraq under Hussein and military rule in contemporary Burma.

Question 11

Direct Marketing Techniques

Answer 11

A campaign technique where candidates send direct mail to specific voters to gain their support. Direct marketing involves the collection of information about voters that identifies their priorities (for example, the policy issues important to a voter or group of voters) and, on the basis of this information, targets them for particular contacts, generally by ‘direct mail’.

Question 12

Disapproving

Answer 12

This occurs when a court decides a precedent or previous decision set by a court at the same level is wrong by law.

Question 13

Discovery of Documents

Answer 13

Part of the pre-trial phase of a civil case where a litigant requests information and documents held by the other side in an attempt to ‘discover’ relevant facts.

Question 14

Discrimination

Answer 14

Any action that disadvantages a particular group or individual on the basis of an irrelevant factor such as their sex, race, ethnicity, physical handicap or age. In this sense discrimination is a negative action that is based on prejudice, not relevant facts.

Question 15

Dissenting Judgement

Answer 15

A decision reached by a judge that disagrees with that of the majority of a panel of judges hearing a case.

Question 16

Dissolution

Answer 16

The termination of the sitting of Parliament so that a general election can be held.

Question 17

Distinguishing

Answer 17

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

Question 18

District Court

Answer 18

The intermediate court in Western Australia that is presided over by a District Court Judge. The District Court deals with indictable offences (such as serious assault and thefts which carry a maximum sentence of 20 years) and civil claims where between $75 000 and $750 000 is claimed. Called the County Court in Victoria.

Question 19

Diversion

Answer 19

A process that enables the police to deal with minor offenders in a manner that does not involve a offence being recorded or require a court appearance. This may in love a formal caution or the voluntary participation by the offender in a rehabilitation program or in a community based body that sets a sanction.

Question 20

Division

Answer 20

The separation of the members of parliament into those for and those against a motion so a vote can be formally counted.

Question 21

Division of Powers

Answer 21

A formal arrangement allocating the responsibilities of government between different levels of government in a federation. This division is sometimes referred to as the ‘federal balance’.

Question 22

Doctrine of Precedent

Answer 22

The principle that a lower court is bound by the legal principles that are created by the decisions of a higher court.

Question 23

Donkey Vote

Answer 23

A donkey vote is where a voter ranks the candidates from ‘1’ straight down a ballot paper without regard to the merits of the various candidates.

Question 24

Double Dissolution

Answer 24

Double dissolution elections are part of the procedure under s57 of the Australian Constitution designed to resolve deadlocks between the House of Representatives and the Senate. In a double dissolution election, both houses of the Federal Parliament are simultaneously dissolved and an election for all members of both houses takes place.

Question 25

Double Jeopardy

Answer 25

The legal principle that an individual who has been acquitted of an offence cannot be re-tried for the same offence.

Question 26

Dual Federalism

Answer 26

Federal arrangement where the central (Commonwealth) and regional (state) levels of government act independently in their respective spheres. Claimed to be most typical of federal-state relations in the first two decades of federation.

Question 27

Due Process

Answer 27

Refers to fundamental procedures of the law, such as the right to be heard, which underpin the fairness of the law. Also used to describe the system of ‘natural justice’.

Question 28

Duty of Care

Answer 28

The legal obligation of a person to exercise reasonable care in the conduct of an activity. The idea of duty of care is the key principle behind the tort of negligence.