Glossary - E

Question 1

Egalitarianism

Answer 1

A belief in the fundamental equality of all people. In Australia it is expressed asan attitude rejecting any social hierarchy of status and class. The idea that ‘Jack’s as good as his master’.

Question 2

Either Way Offence

Answer 2

A relatively minor indictable offence where both a summary and an indictable penalty are set out in the law (may include burglary, minor dealing in drugs). The Magistrates Court hear either way offences unless the magistrate decides to refer the case to a superior court.

Question 3

Ejusdem Generis

Answer 3

A common law maxim or rule followed by courts when interpreting statutes. It means ‘of the same kind’ and allows judges to assess if a situation in front of them fits the common class in an act.

Question 4

Electoral College

Answer 4

A body of people who are elected for the purpose of choosing a political office-bearer. In the indirect election process for the United States Presidency, voters elect members of an electoral college who then select the President.

Question 5

Electoral System

Answer 5

The electoral system is the way in which the representative institutions of a country operate. The number of members to be elected, the size of the electorates, and the term of office of elected members are all features of an electoral system.

Question 6

Electorate

Answer 6

Can refer to all persons entitled to vote. Also means a geographical area that is represented by a member of parliament.

Question 7

Empanelling a Jury

Answer 7

The swearing in of a jury for a trial.

Question 8

Enumerated Powers

Answer 8

The powers of government formally set out in the Australian Constitution. These powers may be exercisable only by the Commonwealth (exclusive powers) or areas of shared Commonwealth and state authority (concurrent powers).

Question 9

Equity

Answer 9

The decree to which citizens are treated with equal fairness by the procedures and personnel of the legal system or more broadly in their treatment in society in general.

Question 10

Evidence

Answer 10

Information that can be used in court to decide the facts of a case such as the oral statements of witnesses, documents such as a lease or objects such as a gun.

Question 11

Examination of Witnesses

Answer 11

The process of questioning witnesses during a trial. The examination of witness begins with examination-in-chief where a lawyer questions his or her own witnesses who are called to provide supporting evidence. This is fun looked by a cross-examination of these witnesses by the opposing lawyer. If necessary, a lawyer may then re-examine his or her own witnesses.

Question 12

Excise

Answer 12

A government charge of tax on the manufacture or sale of goods and services within a country.

Question 13

Exclusive Powers

Answer 13

Powers set out in the Australian Constitution about which only the Commonwealth government can make laws. These include the power to collect customs and excise duties (s90) and to make laws about the operation of the federal public service (s52).

Question 14

Executive

Answer 14

One of the three ‘arms of government’ (the legislature, the executive and the judiciary). The executive makes policy and controls government administration. In Australia the political executive is the government or ministers who are answerable to parliament for their actions.

Question 15

Executive Council

Answer 15

A body consisting of the Queen’s representative (the Governor General or, in the case of the states, the Governor) and government ministers. The Federal Executive Council advises the Governor General and formally approves decisions made previously by parliament or the cabinet.

Question 16

Exhausted Vote

Answer 16

A formal or valid ballot where all available preferences have been counted.

Question 17

Ex Post Facto

Answer 17

Latin for ‘after the fact’. Decisions of courts are ex post facto because they make judgement on a set of events that have already occurred and do not have the main intention of setting a general rule that applies to all actions after the court decision.

Question 18

Express Powers

Answer 18

Constitutional powers of the Governor General that by convention are exercised on behalf of the parliament. They include powers such as assenting to laws and opening parliament.

Question 19

Executive Power

Answer 19

The power to administer the law. It is one of the three arms of government. The others are the legislative power exercised by parliament and the judicial power exercised by the courts.