Glossary Terms: A Flashcards
(128 cards)
1
Q
Absolute Monarchy
A
The monarch is above the law and governs in an authoritarian manner.
2
Q
Access
A
The ability of individuals to exercise their rights in the legal system
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.
4
Q
Acquittal
A
The judgment of a court that a person charged with a crime has not been proven to be guilty.
5
Q
Act of Parliament
A
A legislative proposal or bill that has passed all the required stages of parliament.
6
Q
Actus Reus
A
A guilty deed or act.
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.
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.
9
Q
Adjudication
A
Judging the merits of two points of view.
10
Q
Administrative Law
A
The body of law dealing with rules regarding the hearing of government administrative agencies such as internal appeal tribunals.
11
Q
Admissible Evidence
A
Information or materials allowed as evidence in a trial.
12
Q
Adversarial System
A
A legal system based on the principal that competing parties to present their argument to an impartial third person
13
Q
Alternative Dispute Resolution
A
The resolution of conflicts and legal disputes privately, more speedy and efficient than a court of law.
14
Q
Amendment
A
Alteration to a bill or act.
15
Q
Appeal
A
A challenge of judgment of a lower court in a higher court.
16
Q
Appearance
A
The act of replying to a summons or turning up in court.
17
Q
Appellant jurisdiction/ Appellate Court
A
The authority of a higher court to hear appeals from lower courts.
18
Q
Arbitration
A
An alternative dispute resolution, in which a third party hears the arguments and gives a final and binding decision.
19
Q
Aristocracy
A
Forms of government based on rule by elite, claims the right to rule through birth.
20
Q
Arms of Government
A
A term that distinguishes between the legislative, executive, and judicial functions of Government.
21
Q
Arraignment
A
Court procedure where the criminal is asked to plead guilty or not guilty.
22
Q
Australia Acts
A
Acts of parliament passed simultaneously by the British and Australian Governments in 1986.
23
Q
Authoritarian Government
A
A system of dictatorial government based on the unquestioned and complete rule by a leader.
24
Q
Authority.
A
A form of power based on consensus regarding the right to issue commands and make decisions.
25
Autocracy
Autocracy is rule by one person with virtually unlimited authority
26
Autonomous Powers
The ability of a government to make decisions that be overturned by another level of government.
27
Backbencher
Any member of a parliament who is not a government minister or ministerial secretary, a presiding officer.
28
Bail
The money or sureties put up by a person accuses of a crime to assure a court the present themselves for a trial.
29
Bailiff
An officer of the court responsible for serving and executing the processes of the court.
30
Balance of Power
A balance of power exists when no single party or coalition has majority in parliament.
31
Balance of Probabilities.
This is the standard proof required in civil proceedings.
32
Ballot Paper
The voting slip or piece of paper on which a vote is recorded.
33
Bandwagon Effect
The tendency for a political that starts its ahead in the polls to increase its lead as the election approaches.
34
Barrister
An independent legal practitioner who presents a case in a court.
35
Beyond reasonable doubt.
The standard of proof required in a criminal case, must show there is no plausible explanation other than the guilt of the defendant.
36
Bicameral Parliament
Government where the legislature is divided into the lower and upper house.
37
Bill
A legislative proposal which is formally introduced into parliament and becomes law if it is passed.
38
Bill of Rights
A codified statement of legal and political rights that has significant status in law
39
Binding Precedent
A decision of higher court Ray must be followed by a lower court in the same jurisdiction.
40
Bipartisan
An action or policy that is not not disputed by opposition political parties.
41
Black letter of the law
That doctrine that the interpretation of statutes by courts must reflect the literal meaning of the law.
42
Budget
The annual statement of the expenditure and revenue plans for a government for the upcoming year.
43
Burden or onus of Proof
The requirement that the person who makes a legal claim is responsible for their case.
44
By-election
An election held between general elections to fill a seat left vacant due to absence of a member.
45
By-law
A rule or regulation based on delegated authority.
46
Cabinet
Is the executive body of government. Decision making group of the Prime Minister.
47
Campaign
The period following the announcement of an election date.
48
Candidate
A person who stands for election to win parliament.
49
Case Law
A word for the whole body of judge-made law.
50
Case Management
The supervision of of pre-trial stage of a civil trial officers to ensure timely and cost effective justice.
51
Casting Vote
A vote exercised by the speaker that decides a matter when votes are equally divided
52
Casual Vacancy
A vacancy in parliamentary representation caused by the death of or resignation of a member of parliament.
53
Caucus
A decision making body in the political process.
54
Caveat Emptor
This means 'let the buyer beware' it warns purchases of goods that should be examined.
55
Censure Motion
A parliamentary motion that is highly critical of minister, can call for a ministers resignation.
56
Centralism
The tendency of central governments to increase its power at the expense of regional governments.
57
Certificate of readiness for trial.
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
Challenge to a jury
The right of legal counsel in a jury to request that juror be excused (removed from the jury)
59
Charge to a jury
The judge's oral instructions to the jurors before the jury begins deliberations.
60
Absolute Majority
A candidate that achieves over 50% of the votes in an election.
61
Checks and Balances
A system of government where the power is divided between distinct and separate levels of government
62
Children's Court
Name of the WA Court with criminal jurisdiction for accused who were aged 10-17
63
Circumstantial Evidence
Indirect evidence that may be accepted as proof in a legal case.
64
Citizenship
Legal membership of a country or 'nation-state'
65
Civil Dispute
A legal dispute between two or more individuals in a community.
66
Civil Law
The body of law that regulates ordinary private relationships in a community.
67
Civil Law System
A legal system in which law is confided in a written collection of laws that then must be followed by judges.
68
Civil Proceedings
Legal action taken to resolve matters such as, debt, injury claims or damage, or compensation for breach of contract
69
Class
A group of people with a social characteristic in common.
70
Coalition
An alliance between two or more factions or parties in parliament.
71
Coequal Power
The terms to describe the divisions of power between the House of Parliament, House of Representatives and the Senate
72
Coercive Federalism
A term used to describe an imbalance of power in the federal system
73
Committal Mention
A hearing in the magistrates court in which an accused persons enters a plea for trial in a higher court.
74
Committee
A small cross party group of members parliament who inquire into specific matters and then report back.
75
Committee of the Whole
The stage when the members of parliament approve the passing of a bill.
76
Consideration in detail stage
Stage where the bill is debated and decided.
77
Common Law
Law that is based on previous judgement of the courts.
78
Community Circle Vote
Courts that directly involve the community.
79
Common Law Right
Rights that flow from legal traditions or conventions of the community are recognised.
80
Compulsory Voting
Everyone with a legal right to vote, must vote.
81
Concurrent Power
A power that can be exercised by both the Commonwealth and the States
82
Confederation
A group of independent nations who hand over some of their power to a larger political body.
83
Conscience Vote
A vote in Parliament where members are free to vote on their own judgement.
84
Conservatism
Conservative values stability and oppose social change.
85
Constituency
An electorate which contains electors which vote for a representative in an assembly.
86
Constitutional Convention
A meeting called to write or modify the constitution.
87
Constitutional Law
The body of legal proceedings made up of judgements on the interpretation of proceedings in the high court.
88
Constitutionalism
The belief that powers in government should be limited and subject to the rule of law.
89
Contempt of Court
The deliberate disregard of an order of court.
90
Conciliation and Meditation
Conciliation and meditation are the attempt by an independent third party, to help parties reach an agreement.
91
Concurrent Sentence
Where a criminal receives receives sentences for two or more of their crimes.
92
Convention of the Constitution
An unwritten practice concerning the powers, processes, and has general acceptance and is followed in political activity.
93
Convict
Prisoner, transported to Australia by the British government in 1778
94
Conviction
The result of someone being found guilty.
95
Cooperative Federalism
Arrangements between the commonwealth and state government to take common administrative action.
96
Coordinate Federalism
Where central and regionals governments act respectively.
97
Corroboration
Evidence that confirms the statement of a witness in trial.
98
Costs
The expenses incurred in legal action.
99
Council of Australian Governments
A regular meeting of state politicians that involve joint state funding or activity.
100
Counsel
A persons legal representation in court such as barrister or solicitor.
101
Court of Disputed Returns
The court convened to hear disputes concerning the validity of an election result.
102
Court of first instance
A court with jurisdiction to hear a specific civil or criminal matters.
103
Covering clauses
The initial part of an act that's sets out things such as definitions.
104
Criminal Law/Dispute
Criminal Law deals with actions regarded as anti social or dangerous to the people.
105
Criminal Sanctions
The sentences applied to a person who has been found guilty of a crime.
106
Cross bench
Seats in Parliament between the benches occupied by members of the government and the opposition
107
Crossing the Floor
When a member votes against their own party.
108
Culture
The dominant set of social values that are passed down
109
Cumulative Sentence
Successive sanctions of people found guilty of more than one crime.
110
Customary Law
Traditional Law of a group or community that reflects the values of the group.
111
Customs and excise duties
Custom duties are taxes on imported goods.
112
Damages
Compensation ordered by a court after the damage caused by another person
113
Deceleration of the poll
The formal announcement of election results.
114
Decriminalisation
The removal of an offence from the criminal code
115
Default Judgement
Decision in favour of the plaintiff when the defendant fails to contest a legal claim.
116
Defence
Defeat the Plaintiff
To counter the plaintiff's argument
A plea that reduces an offenders guilt
117
Defendant
Someone who defends legal action taken by a plaintiff
118
Delegate
Members who vote as they think the public would vote
119
Delegated Legislation
Statutes that allow the executives to authorise the public service or other lawful authorities.
120
Democracy
A political and legal system on freedom and the rule of the people.
121
Dictatorship
A government where one person holds all the power.
122
Direct Marketing Techniques
Where politicians send mail directly to voters to gain their support.
123
Dissaproving
This occurs when a court decides a precedent or previous decision set by a court.
124
Discovery of Documents
Where litigant requests information for the other side to discover evidence.
125
Discrimination
An action that disadvantages someone due to their sex, race or religion
126
Dissolution
The termination of sitting of parliament so that an election can be held
127
Distinguishing
When the court departs because case is largely different then the facts of an earlier case.
128
District Court
The immediate court in WA ruled of by a district Judge.
