Law, Society and Political Action - Key terms

Question 1

absolute majority

Answer 1

half the number of formal votes received in an election plus one

Question 2

access

Answer 2

equal opportunity for all people to make use of the legal system

Question 3

adversarial system

Answer 3

system in which two opposing parties present their arguments to a magistrate or judge

Question 4

anarchy

Answer 4

disorder or confusion due to the absence of government or laws

Question 5

appeal

Answer 5

an application for a legal decision to be reviewed in a higher court

Question 6

bail

Answer 6

to release an accused person who is awaiting trial

Question 7

balance of power

Answer 7

the power an individual or party has by holding the casting vote

Question 8

balance of probabilities

Answer 8

the standard of proof in civil trials

Question 9

ballot paper

Answer 9

a piece of paper on which a voter records her or his vote

Question 10

beyond reasonable doubt

Answer 10

the standard of proof required in a criminal trial

Question 11

cabinet

Answer 11

the group of select government ministers that meets regularly to decide major issues of government

Question 12

coalition

Answer 12

a government that becomes possible because two or more parties agree to work together and hence gain the majority of votes

Question 13

committal hearing

Answer 13

a hearing in a Local Court to decide whether there is enough evidence to put a person on trial for an indictable (serious) offence

Question 14

common law

Answer 14

system of law based on the previous decisions of judges, or precedents

Question 15

trial

Answer 15

a process to determine whether someone committed a criminal act or caused another person

Question 16

tort

Answer 16

a civil wrong (law of tort)

Question 17

sue

Answer 17

to bring a civil action against another person for causing damage or injury

Question 18

statute law

Answer 18

laws made by parliaments

Question 19

separation of powers

Answer 19

the functions of government are spread across the legislative, executive and the judiciary

Question 20

senate

Answer 20

the upper house of the Federal Parliament, sometimes called the State’s House

Question 21

referendum

Answer 21

a vote where the entire electorate is invited to vote on a particular proposal

Question 22

quota

Answer 22

the number of votes that a Senate candidate must get to win a Senate seat

Question 23

public law

Answer 23

deals with disputes that affect the community

Question 24

proportional representation

Answer 24

the party bringing a criminal action against the accused; usually the state

Question 25

prosecutor

Answer 25

when each senator must win a set proportion of votes, or quota, to win a Senate seat

Question 26

private member’s bill

Answer 26

a bill that is introduced by backbenchers as opposed to coming from the government

Question 27

private law

Answer 27

deals with disputes between private citizens

Question 28

preferential system

Answer 28

a counting system that is designed to allow the majority of Australians to have their say in an election by stating the order in which they prefer candidates

Question 29

preferences

Answer 29

order in which voters list candidates at an election, after they have made their first choice

Question 30

precedent

Answer 30

a previous legal decision that serves as a rule or pattern in future cases

Question 31

portfolio

Answer 31

an area of government responsibility, such as health or defence

Question 32

plaintiff

Answer 32

the party that commences a civil action

Question 33

parole

Answer 33

to release a prisoner on the promise of good behaviour

Question 34

non-parole

Answer 34

a set period of time a prisoner must serve before they can be released on the promise of good behaviour

Question 35

minority government

Answer 35

a political party does not have a majority of overall seats in the parliament but they have still formed a government

Question 36

magistrate

Answer 36

a court official who hears cases in the lowest court of law

Question 37

lobby

Answer 37

to attempt to enlist popular and political support for some particular cause

Question 38

laws

Answer 38

legal rules

Question 39

jury

Answer 39

a group of people (either 12 or six) selected to hear the evidence in a court case

Question 40

judiciary

Answer 40

the system of courts that interprets and applies the law in a country

Question 41

judge

Answer 41

a court official who has the power to make decisions on matters brought before a court of law

Question 42

hung parliament

Answer 42

a situation where no political party has a majority of elected members in parliament

Question 43

House of Representatives

Answer 43

the lower house of Federal Parliament, sometimes called the people’s house

Question 44

hierarchy

Answer 44

a grading system based on order of importance

Question 45

formal vote

Answer 45

a vote that has been correctly marked on a ballot paper in accordance with the rules

Question 46

double dissolution

Answer 46

a decision made by the head of state to dissolve both houses of parliament

Question 47

Federation

Answer 47

the colonies (now states) agreed to join together to form Australia

Question 48

Federal Parliament

Answer 48

the House of Representatives and the Senate

Question 49

discriminate

Answer 49

to treat somebody differently or less favourably because of her or his personal characteristics such as gender, ethnicity or religion

Question 50

democracy

Answer 50

a system of government where political power lies with the people

Question 51

defendant

Answer 51

the party in a criminal or civil trial against whom an action has been brought

Question 52

court

Answer 52

a place where people can resolve disputes relating to law

Question 53

constitutional monarchy

Answer 53

a form of government in which a non-elected monarch acts as the head of state. There are usually constitutional limits on their power

Question 54

constitution

Answer 54

a document that outlines the powers of the parliament

Question 55

indictable offence

Answer 55

a serious criminal offence

Question 56

independent

Answer 56

a candidate or member of parliament who is not a member of a political party