Glossary Terms - Test 1 Term 1 Flashcards
What is a plaintiff and where are they based?
They are the person who is suing another for a wrong doing and is based in civil law.
What is a witness?
A person that can provide evidence for either side of the case.
What is Coroners Court?
It determines the factors that lead to death.
What is a Solicitor and where can they represent?
They are everyday lawyers and can represent in Magistrates Court.
Where do Barristers represent and specialise?
Defence Barristers represent in County, Supreme and High Court, they specialise in criminal law.
What does a judge do?
Oversees and imposes sanctions in all court cases.
What does a jury do?
Determines whether someone is guilty or not guilty of an act.
What does a judges assistant do?
Assists judge by managing their workload, up to dat schedule etc.
What does a tipstaff do?
Calls personnel to the court room, manages proceeding of the court room, eg; ‘all rise’.
What does a crown/police prosecutor do?
They work on behalf of the government to convict people of crimes in the court room.
Who is the Accused?
In criminal law the are the person defending the action/wrong doing.
Who is the defendant?
In civil law they are the person defending the actions/wrong doing.
What does sue mean?
Bringing a civil case against someone, trying to gain compensation/money.
What are the Laws of Torts?
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.
What are jurisdictions?
The roles and powers of each court.
Magistrates court
- Lowest state court
- Fines and compensation lower than $100,000
- judge no jury
- max penalty, two years
County court
- Middle State Court
- civil cases over $100,000
- indictable offences except murder and treason
- judge and jury
- appeals from magistrates court
Supreme Court
Highest State Court
- treason, murder and murder related cases
- appeals from county
High Court
Highest Court in Australia
- federal court
- appeals from Supreme Court
- constitutions
- human rights cases
Committal hearing
Cases must be first heard in Magistrates court to determine the severity of the cases.
Indictable offences
Serious crimes, usually result in jail term.
Summary offences
Minor crimes
Burden of proof
Criminal:
Police have to prove 100% true
Civil:
Have to proof more than likely not.
Standard proof
The amount of proof needed to prove case.
Law of contracts
Binding agreement
Criminal liability
Being accountable for your actions.
What does anarchy mean?
A state of disorder due to absence or non-reconigition or other controlling system.
What is an appeal?
To make a serious,urgent, or heartfelt request.
If you believe that the court hasn’t brought justice to your case.
What is a trial?
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.
Wha is a sanction?
A threatened penalty for disobeying a law or rule.
What is a Magistrate? ‘The person’
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.
What is the family court?
Limited to jurisdictions that hears cases involving family law, example; divorce child custody, domestic abuse. It is governed by state and local law.
What does remand mean?
Place (a defendant) on bail or in custody, especially when the trial is adjourned.
What is Court Hierachy?
The levels of courts and we have them so you ha e somewhere to appeal and they can specialise/focus in certain offences.
What is am identification parade?
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.
What is culpable driving?
Killing someone while driving a car, caused by your own negligence.
What does bail mean?
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.
What is accused?
A person or group of people who are charged with or on trial for a crime.
What is a summons?
An order to appear before a judge of magistrate or the right containing such an order.
What is the victim?
A person harmed, injured or killed as a result of a crime, accident, or an event or action.
What is the offender?
A person who committed an illegal act.
What does ‘Beyond Reasonable Doubt’ mean?
Standard of evidence required to validate a criminal conviction.
What is the Adversarial System?
A legal system, where two parties present their case in front of a judge or jury.
What does ‘Balance of Probabilities’?
Only in civil court, beyond reasonable doubt.
