Key Terms of Legal System

Question 1

Common law

Answer 1

Laws based on legal precedents established by the courts, that weren’t created by the parliament or in the constitution

Question 2

Precedent

Answer 2

A precedent is a principle or rule established in a previous legal case that is either binding or persuasive

Question 3

burden of proof

Answer 3

the standard that a party seeking to prove a fact in court must satisfy to have that fact legally established.

Question 4

statute laws

Answer 4

A bill becomes a law after it has been passed through the House of Representatives and the Senate and is given Royal Assent by the Governor-General

Question 5

standard of proof

Answer 5

The amount of evidence necessary to prove a claim in a trial.

Question 6

Adversarial system

Answer 6

A legal system where two advocates represent their parties’ case or position before a judge or and jury, who attempt to determine the truth and pass judgment accordingly.

Question 7

Aggravating Factors

Answer 7

Factors that worsen the sentence (Previous offences, not pleading guilty)