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Politics & Law > Glossary Terms: A > Flashcards

Glossary Terms: A Flashcards

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1
Q

Absolute Monarchy

A

The monarch is above the law and governs in an authoritarian manner.

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2
Q

Access

A

The ability of individuals to exercise their rights in the legal system

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3
Q

Accountability

A

Political accountability is a requirement that all public officials both elected and appointed, should be directly or indirectly answerable to the people.

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4
Q

Acquittal

A

The judgment of a court that a person charged with a crime has not been proven to be guilty.

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5
Q

Act of Parliament

A

A legislative proposal or bill that has passed all the required stages of parliament.

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6
Q

Actus Reus

A

A guilty deed or act.

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7
Q

Adress-in-Reply Debate

A

The debate that follows the Governor General’s speech, which sets out the legislative program for the text parliamentary session.

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8
Q

Adjournment Debate

A

The debate concerning the motion to adjourn the motion to adjourn or suspend the sitting of parliament to another day.

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9
Q

Adjudication

A

Judging the merits of two points of view.

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10
Q

Administrative Law

A

The body of law dealing with rules regarding the hearing of government administrative agencies such as internal appeal tribunals.

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11
Q

Admissible Evidence

A

Information or materials allowed as evidence in a trial.

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12
Q

Adversarial System

A

A legal system based on the principal that competing parties to present their argument to an impartial third person

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13
Q

Alternative Dispute Resolution

A

The resolution of conflicts and legal disputes privately, more speedy and efficient than a court of law.

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14
Q

Amendment

A

Alteration to a bill or act.

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15
Q

Appeal

A

A challenge of judgment of a lower court in a higher court.

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16
Q

Appearance

A

The act of replying to a summons or turning up in court.

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17
Q

Appellant jurisdiction/ Appellate Court

A

The authority of a higher court to hear appeals from lower courts.

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18
Q

Arbitration

A

An alternative dispute resolution, in which a third party hears the arguments and gives a final and binding decision.

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19
Q

Aristocracy

A

Forms of government based on rule by elite, claims the right to rule through birth.

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20
Q

Arms of Government

A

A term that distinguishes between the legislative, executive, and judicial functions of Government.

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21
Q

Arraignment

A

Court procedure where the criminal is asked to plead guilty or not guilty.

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22
Q

Australia Acts

A

Acts of parliament passed simultaneously by the British and Australian Governments in 1986.

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23
Q

Authoritarian Government

A

A system of dictatorial government based on the unquestioned and complete rule by a leader.

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24
Q

Authority.

A

A form of power based on consensus regarding the right to issue commands and make decisions.

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25
Q

Autocracy

A

Autocracy is rule by one person with virtually unlimited authority

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26
Q

Autonomous Powers

A

The ability of a government to make decisions that be overturned by another level of government.

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27
Q

Backbencher

A

Any member of a parliament who is not a government minister or ministerial secretary, a presiding officer.

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28
Q

Bail

A

The money or sureties put up by a person accuses of a crime to assure a court the present themselves for a trial.

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29
Q

Bailiff

A

An officer of the court responsible for serving and executing the processes of the court.

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30
Q

Balance of Power

A

A balance of power exists when no single party or coalition has majority in parliament.

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31
Q

Balance of Probabilities.

A

This is the standard proof required in civil proceedings.

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32
Q

Ballot Paper

A

The voting slip or piece of paper on which a vote is recorded.

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33
Q

Bandwagon Effect

A

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

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34
Q

Barrister

A

An independent legal practitioner who presents a case in a court.

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35
Q

Beyond reasonable doubt.

A

The standard of proof required in a criminal case, must show there is no plausible explanation other than the guilt of the defendant.

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36
Q

Bicameral Parliament

A

Government where the legislature is divided into the lower and upper house.

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37
Q

Bill

A

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

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38
Q

Bill of Rights

A

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

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39
Q

Binding Precedent

A

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

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40
Q

Bipartisan

A

An action or policy that is not not disputed by opposition political parties.

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41
Q

Black letter of the law

A

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

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42
Q

Budget

A

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

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43
Q

Burden or onus of Proof

A

The requirement that the person who makes a legal claim is responsible for their case.

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44
Q

By-election

A

An election held between general elections to fill a seat left vacant due to absence of a member.

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45
Q

By-law

A

A rule or regulation based on delegated authority.

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46
Q

Cabinet

A

Is the executive body of government. Decision making group of the Prime Minister.

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47
Q

Campaign

A

The period following the announcement of an election date.

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48
Q

Candidate

A

A person who stands for election to win parliament.

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49
Q

Case Law

A

A word for the whole body of judge-made law.

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50
Q

Case Management

A

The supervision of of pre-trial stage of a civil trial officers to ensure timely and cost effective justice.

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51
Q

Casting Vote

A

A vote exercised by the speaker that decides a matter when votes are equally divided

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52
Q

Casual Vacancy

A

A vacancy in parliamentary representation caused by the death of or resignation of a member of parliament.

53
Q

Caucus

A

A decision making body in the political process.

54
Q

Caveat Emptor

A

This means ‘let the buyer beware’ it warns purchases of goods that should be examined.

55
Q

Censure Motion

A

A parliamentary motion that is highly critical of minister, can call for a ministers resignation.

56
Q

Centralism

A

The tendency of central governments to increase its power at the expense of regional governments.

57
Q

Certificate of readiness for trial.

A

Final step in the pre-trial step of a civil dispute on which the plaintiff and defendant confirm that they have all pre trials procedures.

58
Q

Challenge to a jury

A

The right of legal counsel in a jury to request that juror be excused (removed from the jury)

59
Q

Charge to a jury

A

The judge’s oral instructions to the jurors before the jury begins deliberations.

60
Q

Absolute Majority

A

A candidate that achieves over 50% of the votes in an election.

61
Q

Checks and Balances

A

A system of government where the power is divided between distinct and separate levels of government

62
Q

Children’s Court

A

Name of the WA Court with criminal jurisdiction for accused who were aged 10-17

63
Q

Circumstantial Evidence

A

Indirect evidence that may be accepted as proof in a legal case.

64
Q

Citizenship

A

Legal membership of a country or ‘nation-state’

65
Q

Civil Dispute

A

A legal dispute between two or more individuals in a community.

66
Q

Civil Law

A

The body of law that regulates ordinary private relationships in a community.

67
Q

Civil Law System

A

A legal system in which law is confided in a written collection of laws that then must be followed by judges.

68
Q

Civil Proceedings

A

Legal action taken to resolve matters such as, debt, injury claims or damage, or compensation for breach of contract

69
Q

Class

A

A group of people with a social characteristic in common.

70
Q

Coalition

A

An alliance between two or more factions or parties in parliament.

71
Q

Coequal Power

A

The terms to describe the divisions of power between the House of Parliament, House of Representatives and the Senate

72
Q

Coercive Federalism

A

A term used to describe an imbalance of power in the federal system

73
Q

Committal Mention

A

A hearing in the magistrates court in which an accused persons enters a plea for trial in a higher court.

74
Q

Committee

A

A small cross party group of members parliament who inquire into specific matters and then report back.

75
Q

Committee of the Whole

A

The stage when the members of parliament approve the passing of a bill.

76
Q

Consideration in detail stage

A

Stage where the bill is debated and decided.

77
Q

Common Law

A

Law that is based on previous judgement of the courts.

78
Q

Community Circle Vote

A

Courts that directly involve the community.

79
Q

Common Law Right

A

Rights that flow from legal traditions or conventions of the community are recognised.

80
Q

Compulsory Voting

A

Everyone with a legal right to vote, must vote.

81
Q

Concurrent Power

A

A power that can be exercised by both the Commonwealth and the States

82
Q

Confederation

A

A group of independent nations who hand over some of their power to a larger political body.

83
Q

Conscience Vote

A

A vote in Parliament where members are free to vote on their own judgement.

84
Q

Conservatism

A

Conservative values stability and oppose social change.

85
Q

Constituency

A

An electorate which contains electors which vote for a representative in an assembly.

86
Q

Constitutional Convention

A

A meeting called to write or modify the constitution.

87
Q

Constitutional Law

A

The body of legal proceedings made up of judgements on the interpretation of proceedings in the high court.

88
Q

Constitutionalism

A

The belief that powers in government should be limited and subject to the rule of law.

89
Q

Contempt of Court

A

The deliberate disregard of an order of court.

90
Q

Conciliation and Meditation

A

Conciliation and meditation are the attempt by an independent third party, to help parties reach an agreement.

91
Q

Concurrent Sentence

A

Where a criminal receives receives sentences for two or more of their crimes.

92
Q

Convention of the Constitution

A

An unwritten practice concerning the powers, processes, and has general acceptance and is followed in political activity.

93
Q

Convict

A

Prisoner, transported to Australia by the British government in 1778

94
Q

Conviction

A

The result of someone being found guilty.

95
Q

Cooperative Federalism

A

Arrangements between the commonwealth and state government to take common administrative action.

96
Q

Coordinate Federalism

A

Where central and regionals governments act respectively.

97
Q

Corroboration

A

Evidence that confirms the statement of a witness in trial.

98
Q

Costs

A

The expenses incurred in legal action.

99
Q

Council of Australian Governments

A

A regular meeting of state politicians that involve joint state funding or activity.

100
Q

Counsel

A

A persons legal representation in court such as barrister or solicitor.

101
Q

Court of Disputed Returns

A

The court convened to hear disputes concerning the validity of an election result.

102
Q

Court of first instance

A

A court with jurisdiction to hear a specific civil or criminal matters.

103
Q

Covering clauses

A

The initial part of an act that’s sets out things such as definitions.

104
Q

Criminal Law/Dispute

A

Criminal Law deals with actions regarded as anti social or dangerous to the people.

105
Q

Criminal Sanctions

A

The sentences applied to a person who has been found guilty of a crime.

106
Q

Cross bench

A

Seats in Parliament between the benches occupied by members of the government and the opposition

107
Q

Crossing the Floor

A

When a member votes against their own party.

108
Q

Culture

A

The dominant set of social values that are passed down

109
Q

Cumulative Sentence

A

Successive sanctions of people found guilty of more than one crime.

110
Q

Customary Law

A

Traditional Law of a group or community that reflects the values of the group.

111
Q

Customs and excise duties

A

Custom duties are taxes on imported goods.

112
Q

Damages

A

Compensation ordered by a court after the damage caused by another person

113
Q

Deceleration of the poll

A

The formal announcement of election results.

114
Q

Decriminalisation

A

The removal of an offence from the criminal code

115
Q

Default Judgement

A

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

116
Q

Defence

A

Defeat the Plaintiff
To counter the plaintiff’s argument
A plea that reduces an offenders guilt

117
Q

Defendant

A

Someone who defends legal action taken by a plaintiff

118
Q

Delegate

A

Members who vote as they think the public would vote

119
Q

Delegated Legislation

A

Statutes that allow the executives to authorise the public service or other lawful authorities.

120
Q

Democracy

A

A political and legal system on freedom and the rule of the people.

121
Q

Dictatorship

A

A government where one person holds all the power.

122
Q

Direct Marketing Techniques

A

Where politicians send mail directly to voters to gain their support.

123
Q

Dissaproving

A

This occurs when a court decides a precedent or previous decision set by a court.

124
Q

Discovery of Documents

A

Where litigant requests information for the other side to discover evidence.

125
Q

Discrimination

A

An action that disadvantages someone due to their sex, race or religion

126
Q

Dissolution

A

The termination of sitting of parliament so that an election can be held

127
Q

Distinguishing

A

When the court departs because case is largely different then the facts of an earlier case.

128
Q

District Court

A

The immediate court in WA ruled of by a district Judge.

Politics & Law (1 decks)

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