Key Terms (Unit 1)

Question 1

Social Cohesion

Answer 1

The willingness of members of a community to collaborate and ensure the safety and wellbeing of others.

Question 2

Principles of Justice

Answer 2

Fairness, equality and access.

Question 3

Fairness

Answer 3

All people can participate in the justice system and it’s processes should be impartial and open.

Question 4

Equality

Answer 4

All people engaging in the justice system and it’s processes should be treated the same way.

Question 5

Access

Answer 5

Defined by an individual’s understanding of their legal rights and ability to pursue their case.

Question 6

Parliament

Answer 6

A legislative body, comprised of elected representatives, that is concerned with creating the laws of the society it represents.

Question 7

Courts

Answer 7

Legal institutions who interpret and apply laws, in order to make legal decisions involving criminal or legal disputes.

Question 8

Common law

Answer 8

A source of law created by a judge’s reasoning and decision in a past case (applied to hierarchy).

Question 9

Statute law

Answer 9

Source of law created by parliament and set out in an act of parliament, also known as legislation.

Question 10

Court hierarchy

Answer 10

The arrangement of courts by superiority (High, appeals, supreme, county, magistrates)

Question 11

Criminal law

Answer 11

A type of law aiming to protect society from harm by setting out unlawful behaviours and sanctions for these behaviours.

Question 12

Civil law

Answer 12

Governs disputes relating to the rights of two individuals or organisations and aims to restore those parties to the position they were in before the breach of their rights.

Question 13

Criminal offence

Question 14

Police

Answer 14

An institution with the duty to protect the community in order to promote

Question 15

Delegated bodies

Answer 15

Specialised government agencies that have the authority from Parliament to make/enforce laws within their specialisation.

Question 16

Institutional powers

Answer 16

The powers institutions have to enforce criminal law like the police having the power to investigate indivisuals suspected of crimes.

Question 17

Individual rights

Answer 17

The rights people have to balance and protect them against the institutional powers.

Question 18

Criminal Jurisdictions

Answer 18

The powers each court has to hear different kinds of cases.

Question 19

Jury

Answer 19

A group of 12 randomly selected jurors who’s purpose is to deliver an impartial and fair verdict based on the facts delivered in court.

Question 20

Criminal trial

Answer 20

The government’s oppurtunity to prosecute and argue it’s case against an accused, determine the accused’s guilt and if needed determine a sanction.

Question 21

Punishment

Question 22

Deterrance

Question 23

Denunciation

Question 24

Protection

Question 25

Rehabilitation

Question 26

Fines

Question 27

Community Corrections order

Question 28

Imprisonment

Question 29

Sentencing

Question 30

Drug Court

Question 31

Koori court

Question 32

Diversion program

Question 33

Presumption of innocence

Question 34

Actus reus

Question 35

Mens rea

Question 36

Strict liability

Question 37

Age of criminal responsibility

Question 38

Burden of proof

Question 39

Standard of proof

Question 40

Crime against person

Question 41

Crime against property

Question 42

Summary offence

Question 43

Principle offenders

Question 44

Accessories

Question 45

Elements of an offence

Question 46

Defences

Question 47

Sanctions

Question 48

Indictable offences

Answer 48

Criminal offences that are more serious and are generally heard by a judge and jury in the county or supreme court.