Glossary Terms Unit 2 Flashcards
Access
All people should be able to engage in the legal system and its processes on an informed basis.
Arbitration
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.
Australian Constitution
The founding document of Australia that sets out the composition of the Australian Parliament, its function and layout, and its powers.
Breach
An act or omission that represents a failure to meet a legal obligation.
Burden of proof
The responsibility of a party to prove the facts of a case.
Causation
The relationship between an event or action and a resulting event.
Civil jurisdiction
The legal power of a court or other authority to make decisions in civil cases.
Civil law
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.
Common law
The body of law that is derived from judicial reasoning and decisions made in past cases.
Complaints bodies
Organisations that deal with complaints and assist with dispute resolution in relation to the provision of goods and services, or decisions made by authorities.
Conciliation
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.
Damages
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.
Defamation
The area of civil law that aims to protect a plaintiff from having their reputation unfairly damaged.
Defences
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.
Defendant
The party liable that is defending themselves against a claim by another person, the plaintiff, for an alleged breach of civil law.
Elements of an offence
What the plaintiff needs to prove occurred on the balance of probabilities in order to establish the liability of a defendant.
Equality
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.
Fairness
All people can participate in the justice system and its processes should be impartial and open.
Human rights
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.
Injunctions
Court orders compelling a party to do something, or preventing a party from doing something.
Jury
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.
Liability
The state of being legally responsible for something.
Limitations of actions
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.
Loss
A disadvantage experienced by a party due to an action or the inaction of another party.
Mediation
A non-judicial dispute resolution method involving an independent third party, known as the mediator, who facilitates conversation between disputing groups.
Negligence
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.
Ombudsman
An independent authority that operates on state and federal levels and is created to investigate complaints against a company or organisation.
Plaintiff
The party that initiates a civil claim against another person, the defendant, in court.
Reforms
Changes suggested or made to a law in order to improve it.
Remedies
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.
Standard of proof
The degree to which the facts of a case must be proven in court.
Statute law
The body of law that comprises of laws made by parliament also known as legislation.
Tribunals
An institution with the authority to judge, adjudicate, or determine civil claims or disputes.
Victorian Charter of Human Rights and Responsibilities
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.
Duty of care
The legal obligation to ensure the safety or well-being of others and avoid conduct that could reasonably be foreseen to harm another person.
