key terms Flashcards
Aggravating Factors
evidence represented that increases the seriousness of the offence and so contributes to a harsher sentence.
Bail
the release of an accused back into society while awaiting his or her next hearing or trial, conditions may be attached.
Bill
a law proposed for court to consider
e.g. no homework, a bill to end homework
Binding Precedent
an example that must be followed by all courts
e.g. decisions of the high court are binding on all courts of Australia
Cabinet
the body of parliament that makes policies that consists of a government leader and senior ministers
e.g. The Prime Minister and 20 elected ministers of the exclusive government
civil laws
laws that regulate behaviour of individuals
e.g. divorce, contractual disputes, property ownership, etc
committal hearing
a pre-trial hearing in Magistrates’ court to determine if prosecution has enough evidence to establish a prima facie case and support a conviction
common laws
laws made in courts (aka case law or judge made law)
e.g. freedom association
community corrections order (CCO)
sentencing order requiring an offender to comply with conditions while in the community
e.g. unpaid community work, drug/alcohol treatment or curfews
concurrent powers
law-making powers in the constitution that can be used by the commonwealth and state parliaments
e.g. law making powers
constitution
rules that the nation is governed by
e.g. the Australian constitution
crown
the authority of the monarch represented in the nation
e.g. the governor general
culpability
level of blame o responsibility for a wrongful act or omission
director of public prosecutions (DPP)
department in Victoria responsible for overseeing and prosecuting criminal charges on behalf of the state
doctrine of precedent
the decisions made by a higher court that need to be followed by all courts
e.g. decisions of the higher court are to be followed by all courts but decisions made by the supreme court are not to be followed by the High Court
drug treatment order (DTO)
sentencing option available to the drug court to assist in rehabilitating offenders with drug issues
exclusive powers
law-making powers that can only be used by the commonwealth
e.g. defence, foreign affairs, overseas trade, etc
fairness - POJ
all people can participate in the justice system and this process should be impartial and open
fine
an order to pay a sum of money as a punishment under the law
government
the ruling party that had most seats in the lower house
e.g. Australian labour party
house of representatives
the lower house in parliament
indictable offences
more serious cases heard in the magistrates, county or supreme court
legal rules
laws created by a branch of the legal system enforced by the legal system
e.g. wearing a seatbelt while in a car, wearing a helmet while riding a bike, etc
legislation
laws enacted by parliaments
e.g. crimes legislation amendment
legislative assembly
lower house in the Victorian Parliament
legislative council
the upper house in the Victorian Parliament
mitigating factors
evidence presented that reduces the seriousness of the offence or the offenders culpability resulting in a lower sentence
e.g. the defendants good character
non-legal rules
rules made by a community but aren’t enforced in the community
obiter dictum
‘matters by the way’
a statement of opinion made by a judge in a judging that may not relate to the ruling
parliament
supreme law-making body
e.g. includes the crown and elected representatives
persuasive precedent
made by a superior court that is not higher in the hierarchy of courts
e.g. law made by the supreme court of NSW does not have to be followed by the supreme court of VIC
precedent
a law made by courts
principal offender
the person who actually commits the crime
ration decidendi
‘rational for the decision’
key factual point or chain reasoning in a case that drives final judgement
remand
the holding of an accused in custody while awaiting his or her next hearing or trial as bail has not been granted
residual powers
law-making powers that remained with state parliaments after federation
e.g. criminal law, property law, transport, schools, health/hospital, etc
royal assent
the final part of approving a bill, after it has been passed through both houses, then has to be approved by the crown
senate
upper house of the commonwealth parliament
separation of powers
divides the institutions of government into 3 branches
e.g. legislative, executive, and judicial
social cohesion
willingness of members of a society to cooperate with each other to survive and prosper
stare decisis
‘to stand by what has been decided’
doctrine of precedent, inferior courts stand by the decisions of superior courts
statute law
laws made by parliament
e.g. same sex marriage laws
summary offences
less serious offences heard in the magistrates court
