Law Vocab Flashcards
Absolute Majority
More than half of the formal votes in an election
Access
Equal opportunity for people to use the legal system
Adversarial system
A legal system that involves 2 parties presenting their case to an impartial judge or jury
Anarchy
A state of disorder due to lawlessness an absence of government
Appeal
An application to a higher court to review a legal decision because one party believes there was an error in legal reasoning
Bail
To release an accused person as they await their trial
Balance of power
The power of an individual or party because they hold the casting vote
Balance of probabilities
A standard of proof in civil trials requiring the evidence to show that an event more likely occurred than didn’t
Ballot paper
Piece of paper where voters record their vote
Beyond reasonable doubt
A standard of proof in criminal trials requiring evidence to show no reasonable conclusions other than guilt
Cabinet
Group of selected government ministers who meet regularly to decide major parliamentary issues
Coalition
A government that is possible because 2+ parties agree to collaborate and thus gain a majority
Committal hearing
A hearing in a local court where it’s decided whether there’s enough evidence to put a person on trial for an indictable offence
Common law
A set of legal principles (precedents) derived from judges’ previous decisions
Constitution
A document outlining the powers of parliament/the legal system
Constitutional monarchy
A government form where a non-elected monarch is the head of state, but there are constitutional limits on their power
Court
A place for people to resolve legal disputes
Defendant
The party in a civil/criminal trial who faces legal action brought against them
Democracy
A system of government where political power lies with the people
Discriminate
To treat someone differently or more poorly because of personal characteristics such as sex, sexuality, race, etc.
Double dissolution
When the head of parliament (the governor general) decides to dissolve both houses of parliament, putting every seat up for re-election
Federation
When the colonies joined together to form one country - Australia
Federal parliament
The House of Representatives and the Senate
Formal vote
A vote that’s been correctly marked on the paper, adhering to rules
House of Representatives
The lower house of parliament consisting of 150 MPs, often called “The People’s House”.
Hung parliament
When no party has a majority of members elected in parliament
Independent
A candidate or member of parliament not affiliated with any political party
Indictable offence
A serious crime
Judge
A court official who makes decisions on matters brought before a court
Judiciary
A system of courts that interprets and applies the law in a country
Jury
A collection of people (12 or 6) who hear the evidence in a case and can decide upon the outcome of the case
Laws
A set of legal rules
Lobby
To attempt to get political/popular support for a cause
Magistrate
A court official who hears and decides the outcome of cases in the lowest courts
Minority government
A situation in which a party has more seats than the opposing party, so has formed a government, but less than half of the seats in the house.
Non-parole
The time a prisoner must serve before they are eligible for release on the promise of good behaviour
Parole
Releasing a prisoner on the promise of good behaviour
Plaintiff
The party that commences a civil action
Portfolio
An area of government responsibility, eg: defence, health, etc.
Precedent
Judges’ previous legal decisions forming a point of law, serving as a rule in future similar cases
Preferences
Order that voters list candidates in an election, after they’ve made their first choice
Preferential system
A counting system that allows most Australians to have their say in an election by stating in which order they prefer the candidates
Private law
Deals with disputes between private citizens
Private member’s bill
A bill introduced by a backbencher as opposed to coming from the government
Proportional representation
Each senator must win a quota of votes to win a senate seat
Prosecutor
The party bringing a criminal action against the accused; usually it’s the state
Public law
Deals with disputes affecting the whole community
Quota
Number of votes a candidate for the senate must get to win a seat
Referendum
A vote where the whole electorate votes on a particular proposal; one must be held for changes in the constitution
Senate
The upper house of Federal parliament, sometimes called the State’s house
Separation of powers
Government functions being spread across the legislative, executive and judiciary branches
Statute law
Law made by the parliament
Sue
To bring a civil action against someone for causing damage or injury
Tort
A civil wrong
Trial
A process to determine whether someone is guilty of/liable for what they have been accused of
