key terms

Question 1

Aggravating Factors

Answer 1

evidence represented that increases the seriousness of the offence and so contributes to a harsher sentence.

Question 2

Bail

Answer 2

the release of an accused back into society while awaiting his or her next hearing or trial, conditions may be attached.

Question 3

Bill

Answer 3

a law proposed for court to consider
e.g. no homework, a bill to end homework

Question 4

Binding Precedent

Answer 4

an example that must be followed by all courts
e.g. decisions of the high court are binding on all courts of Australia

Question 5

Cabinet

Answer 5

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

Question 6

civil laws

Answer 6

laws that regulate behaviour of individuals
e.g. divorce, contractual disputes, property ownership, etc

Question 7

committal hearing

Answer 7

a pre-trial hearing in Magistrates’ court to determine if prosecution has enough evidence to establish a prima facie case and support a conviction

Question 8

common laws

Answer 8

laws made in courts (aka case law or judge made law)
e.g. freedom association

Question 9

community corrections order (CCO)

Answer 9

sentencing order requiring an offender to comply with conditions while in the community
e.g. unpaid community work, drug/alcohol treatment or curfews

Question 10

concurrent powers

Answer 10

law-making powers in the constitution that can be used by the commonwealth and state parliaments
e.g. law making powers

Question 11

constitution

Answer 11

rules that the nation is governed by
e.g. the Australian constitution

Question 12

crown

Answer 12

the authority of the monarch represented in the nation
e.g. the governor general

Question 13

culpability

Answer 13

level of blame o responsibility for a wrongful act or omission

Question 14

director of public prosecutions (DPP)

Answer 14

department in Victoria responsible for overseeing and prosecuting criminal charges on behalf of the state

Question 15

doctrine of precedent

Answer 15

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

Question 16

drug treatment order (DTO)

Answer 16

sentencing option available to the drug court to assist in rehabilitating offenders with drug issues

Question 17

exclusive powers

Answer 17

law-making powers that can only be used by the commonwealth
e.g. defence, foreign affairs, overseas trade, etc

Question 18

fairness - POJ

Answer 18

all people can participate in the justice system and this process should be impartial and open

Question 19

fine

Answer 19

an order to pay a sum of money as a punishment under the law

Question 20

government

Answer 20

the ruling party that had most seats in the lower house
e.g. Australian labour party

Question 21

house of representatives

Answer 21

the lower house in parliament

Question 22

indictable offences

Answer 22

more serious cases heard in the magistrates, county or supreme court

Question 23

legal rules

Answer 23

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

Question 24

legislation

Answer 24

laws enacted by parliaments
e.g. crimes legislation amendment

Question 25

legislative assembly

Answer 25

lower house in the Victorian Parliament

Question 26

legislative council

Answer 26

the upper house in the Victorian Parliament

Question 27

mitigating factors

Answer 27

evidence presented that reduces the seriousness of the offence or the offenders culpability resulting in a lower sentence
e.g. the defendants good character

Question 28

non-legal rules

Answer 28

rules made by a community but aren’t enforced in the community

Question 29

obiter dictum

Answer 29

‘matters by the way’
a statement of opinion made by a judge in a judging that may not relate to the ruling

Question 30

parliament

Answer 30

supreme law-making body
e.g. includes the crown and elected representatives

Question 31

persuasive precedent

Answer 31

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

Question 32

precedent

Answer 32

a law made by courts

Question 33

principal offender

Answer 33

the person who actually commits the crime

Question 34

ration decidendi

Answer 34

‘rational for the decision’
key factual point or chain reasoning in a case that drives final judgement

Question 35

remand

Answer 35

the holding of an accused in custody while awaiting his or her next hearing or trial as bail has not been granted

Question 36

residual powers

Answer 36

law-making powers that remained with state parliaments after federation
e.g. criminal law, property law, transport, schools, health/hospital, etc

Question 37

royal assent

Answer 37

the final part of approving a bill, after it has been passed through both houses, then has to be approved by the crown

Question 38

senate

Answer 38

upper house of the commonwealth parliament

Question 39

separation of powers

Answer 39

divides the institutions of government into 3 branches
e.g. legislative, executive, and judicial

Question 40

social cohesion

Answer 40

willingness of members of a society to cooperate with each other to survive and prosper

Question 41

stare decisis

Answer 41

‘to stand by what has been decided’
doctrine of precedent, inferior courts stand by the decisions of superior courts

Question 42

statute law

Answer 42

laws made by parliament
e.g. same sex marriage laws

Question 43

summary offences

Answer 43

less serious offences heard in the magistrates court