Glossary Terms Unit 2

Question 1

Access

Answer 1

All people should be able to engage in the legal system and its processes on an informed basis.

Question 2

Arbitration

Answer 2

A non-judicial dispute resolution method involving an independent third party, known as the arbitrator, who listens to parties present evidence and makes a binding decision.

Question 3

Australian Constitution

Answer 3

The founding document of Australia that sets out the composition of the Australian Parliament, its function and layout, and its powers.

Question 4

Breach

Answer 4

An act or omission that represents a failure to meet a legal obligation.

Question 5

Burden of proof

Answer 5

The responsibility of a party to prove the facts of a case.

Question 6

Causation

Answer 6

The relationship between an event or action and a resulting event.

Question 7

Civil jurisdiction

Answer 7

The legal power of a court or other authority to make decisions in civil cases.

Question 8

Civil law

Answer 8

Governs disputes relating to the rights of two parties (which can be individuals, or organisations), and aims to restore parties to the position they were in before their rights were infringed and they suffered injury or loss.

Question 9

Common law

Answer 9

The body of law that is derived from judicial reasoning and decisions made in past cases.

Question 10

Complaints bodies

Answer 10

Organisations that deal with complaints and assist with dispute resolution in relation to the provision of goods and services, or decisions made by authorities.

Question 11

Conciliation

Answer 11

A non-judicial dispute resolution method involving an independent third party, known as the conciliator, who possesses specialised knowledge about the type of dispute in question and assists parties in a dispute to reach a resolution.

Question 12

Damages

Answer 12

A type of remedy in which monetary compensation is awarded to the plaintiff in a civil dispute to compensate their loss caused by a civil breach.

Question 13

Defamation

Answer 13

The area of civil law that aims to protect a plaintiff from having their reputation unfairly damaged.

Question 14

Defences

Answer 14

Legally recognised arguments used by a party to justify their actions, so as to claim they are innocent of a crime, or not liable for a civil breach.

Question 15

Defendant

Answer 15

The party liable that is defending themselves against a claim by another person, the plaintiff, for an alleged breach of civil law.

Question 16

Elements of an offence

Answer 16

What the plaintiff needs to prove occurred on the balance of probabilities in order to establish the liability of a defendant.

Question 17

Equality

Answer 17

All people engaging with the justice system and its processes should be treated in the same way; if the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow all to engage with the justice system without disparity or disadvantage.

Question 18

Fairness

Answer 18

All people can participate in the justice system and its processes should be impartial and open.

Question 19

Human rights

Answer 19

The basic freedoms or standards that promote and uphold the dignity of all people, and are guaranteed by a moral sense of duty or by the law.

Question 20

Injunctions

Answer 20

Court orders compelling a party to do something, or preventing a party from doing something.

Question 21

Jury

Answer 21

A group of randomly selected people, representing a cross-section of the community, who are required to deliver a verdict in a trial based on the evidence presented to them in court.

Question 22

Liability

Answer 22

The state of being legally responsible for something.

Question 23

Limitations of actions

Answer 23

A restriction on the time limit in which a plaintiff must commence a civil action in court, after which the plaintiff is unable to bring an action relating to the civil wrong against the defendant.

Question 24

Loss

Answer 24

A disadvantage experienced by a party due to an action or the inaction of another party.

Question 25

Mediation

Answer 25

A non-judicial dispute resolution method involving an independent third party, known as the mediator, who facilitates conversation between disputing groups.

Question 26

Negligence

Answer 26

A failure to behave with the level of care to prevent loss or injury to another person, that a reasonable person would have exercised under the same circumstances.

Question 27

Ombudsman

Answer 27

An independent authority that operates on state and federal levels and is created to investigate complaints against a company or organisation.

Question 28

Plaintiff

Answer 28

The party that initiates a civil claim against another person, the defendant, in court.

Question 29

Reforms

Answer 29

Changes suggested or made to a law in order to improve it.

Question 30

Remedies

Answer 30

Court orders aim to enforce a right by preventing a breach or correct a civil breach and return the plaintiff to the position they were in prior to the breach by the defendant.

Question 31

Standard of proof

Answer 31

The degree to which the facts of a case must be proven in court.

Question 32

Statute law

Answer 32

The body of law that comprises of laws made by parliament also known as legislation.

Question 33

Tribunals

Answer 33

An institution with the authority to judge, adjudicate, or determine civil claims or disputes.

Question 34

Victorian Charter of Human Rights and Responsibilities

Answer 34

Sets out the basic rights, freedoms and responsibilities of all people in Victoria. It is about the relationship between the government and the people it serves.

Question 35

Duty of care

Answer 35

The legal obligation to ensure the safety or well-being of others and avoid conduct that could reasonably be foreseen to harm another person.