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Teenagers and The Law > Glossary Terms - Test 1 Term 1 > Flashcards

Glossary Terms - Test 1 Term 1 Flashcards

0
Q

What is a plaintiff and where are they based?

A

They are the person who is suing another for a wrong doing and is based in civil law.

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1
Q

What is a witness?

A

A person that can provide evidence for either side of the case.

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2
Q

What is Coroners Court?

A

It determines the factors that lead to death.

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3
Q

What is a Solicitor and where can they represent?

A

They are everyday lawyers and can represent in Magistrates Court.

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4
Q

Where do Barristers represent and specialise?

A

Defence Barristers represent in County, Supreme and High Court, they specialise in criminal law.

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5
Q

What does a judge do?

A

Oversees and imposes sanctions in all court cases.

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6
Q

What does a jury do?

A

Determines whether someone is guilty or not guilty of an act.

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7
Q

What does a judges assistant do?

A

Assists judge by managing their workload, up to dat schedule etc.

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8
Q

What does a tipstaff do?

A

Calls personnel to the court room, manages proceeding of the court room, eg; ‘all rise’.

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9
Q

What does a crown/police prosecutor do?

A

They work on behalf of the government to convict people of crimes in the court room.

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10
Q

Who is the Accused?

A

In criminal law the are the person defending the action/wrong doing.

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11
Q

Who is the defendant?

A

In civil law they are the person defending the actions/wrong doing.

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12
Q

What does sue mean?

A

Bringing a civil case against someone, trying to gain compensation/money.

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13
Q

What are the Laws of Torts?

A

They are based in civil law.

Negligence: where a person fails to take reasonable care & injures another person.

Defamation: where a person injures another persons reputation.

Nuisance: where a person causes unreasonable inference with another persons rights.

Trespass: where a person interferes with another persons property.

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14
Q

What are jurisdictions?

A

The roles and powers of each court.

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15
Q

Magistrates court

A
  • Lowest state court
  • Fines and compensation lower than $100,000
  • judge no jury
  • max penalty, two years
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16
Q

County court

A
  • Middle State Court
  • civil cases over $100,000
  • indictable offences except murder and treason
  • judge and jury
  • appeals from magistrates court
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17
Q

Supreme Court

A

Highest State Court

  • treason, murder and murder related cases
  • appeals from county
18
Q

High Court

A

Highest Court in Australia

  • federal court
  • appeals from Supreme Court
  • constitutions
  • human rights cases
19
Q

Committal hearing

A

Cases must be first heard in Magistrates court to determine the severity of the cases.

20
Q

Indictable offences

A

Serious crimes, usually result in jail term.

21
Q

Summary offences

A

Minor crimes

22
Q

Burden of proof

A

Criminal:
Police have to prove 100% true

Civil:
Have to proof more than likely not.

23
Q

Standard proof

A

The amount of proof needed to prove case.

24
Q

Law of contracts

A

Binding agreement

25
Q

Criminal liability

A

Being accountable for your actions.

26
Q

What does anarchy mean?

A

A state of disorder due to absence or non-reconigition or other controlling system.

27
Q

What is an appeal?

A

To make a serious,urgent, or heartfelt request.

If you believe that the court hasn’t brought justice to your case.

28
Q

What is a trial?

A

A formal examination of evidence by a judge typically before a judge, in order to decide guilt in a case of criminal or civil proceedings.

29
Q

Wha is a sanction?

A

A threatened penalty for disobeying a law or rule.

30
Q

What is a Magistrate? ‘The person’

A

A civil officer who administrates the law, especially one who conducts a court that deals with minor offences and holds preliminary hearings for more serious ones.

31
Q

What is the family court?

A

Limited to jurisdictions that hears cases involving family law, example; divorce child custody, domestic abuse. It is governed by state and local law.

32
Q

What does remand mean?

A

Place (a defendant) on bail or in custody, especially when the trial is adjourned.

33
Q

What is Court Hierachy?

A

The levels of courts and we have them so you ha e somewhere to appeal and they can specialise/focus in certain offences.

34
Q

What is am identification parade?

A

A group of people including a suspect for a crime assembled for the purpose of having an eye witness identify the suspect from among them.

35
Q

What is culpable driving?

A

Killing someone while driving a car, caused by your own negligence.

36
Q

What does bail mean?

A

The temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court.

37
Q

What is accused?

A

A person or group of people who are charged with or on trial for a crime.

38
Q

What is a summons?

A

An order to appear before a judge of magistrate or the right containing such an order.

39
Q

What is the victim?

A

A person harmed, injured or killed as a result of a crime, accident, or an event or action.

40
Q

What is the offender?

A

A person who committed an illegal act.

41
Q

What does ‘Beyond Reasonable Doubt’ mean?

A

Standard of evidence required to validate a criminal conviction.

42
Q

What is the Adversarial System?

A

A legal system, where two parties present their case in front of a judge or jury.

43
Q

What does ‘Balance of Probabilities’?

A

Only in civil court, beyond reasonable doubt.

Teenagers and The Law (1 decks)

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