Law, Society and Political Involvement Flashcards

1
Q

absolute majority

A

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

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2
Q

adversarial system

A

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

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3
Q

appeal

A

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

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4
Q

bail

A

to release an accused person who is awaiting trial

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4
Q

balance of power

A

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

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5
Q

balance of probabilities

A

the standard of proof in civil trials

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6
Q

beyond reasonable doubt

A

the standard of proof required in a criminal trial

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7
Q

coalition

A

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

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8
Q

committal hearing

A

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

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9
Q

common law

A

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

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10
Q

constitution

A

a document that outlines the powers of the parliament

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11
Q

constitutional monarchy

A

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

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12
Q

defendant

A

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

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13
Q

democracy

A

a system of government where political power lies with the people

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14
Q

discriminate

A

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

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15
Q

Dorothy Dixer

A

a rehearsed question asked of a government Minister by a backbencher of their own political party

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16
Q

double dissolution

A

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

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17
Q

Federation

A

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

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18
Q

Federal Parliament

A

the House of Representatives and the Senate

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19
Q

Hierarchy

A

a grading system based on order of importance

20
Q

House of Representatives

A

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

21
Q

Hung parliament

A

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

22
Q

Indictable offence

A

a serious criminal offence

23
Q

Judge

A

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

24
Q

Judiciary

A

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

25
Q

Jury

A

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

26
Q

Kinship

A

traditional rules that outline the correct way of living in community with one another

27
Q

Laws

A

a set of legal rules

27
Q

Lobby

A

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

28
Q

Magistrate

A

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

29
Q

Minority government

A

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

30
Q

Non-parole

A

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

31
Q

Parole

A

to release a prisoner on the promise of good behaviour

32
Q

Plaintiff

A

the party that commences a civil action

33
Q

Precedent

A

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

34
Q

Preferences

A

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

35
Q

Preferential system

A

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

36
Q

Private law

A

deals with disputes between private citizens

37
Q

Private member’s bill

A

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

38
Q

Proportional representation

A

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

39
Q

Prosecutor

A

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

40
Q

Quota

A

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

41
Q

Referendum

A

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

42
Q

Senate

A

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

43
Q

Separation of powers

A

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

44
Q

Statute law

A

laws made by parliaments

45
Q

Sue

A

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

46
Q

Tort

A

a civil wrong

47
Q

Trial

A

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