Legal Glossary and Terms

Question 1

Mens Rea

Answer 1

The intent or guilty mind

Question 2

Prima Facie

Answer 2

at first sight

evidence related

Question 3

Appeal

Answer 3

An application to have a higher court review decision from a lower court

Question 4

Court Heirarchy

Answer 4

the system of of courts within a jurisdiction, from lower to intermediate and higher courts

Question 5

Original Jurisdiction

Answer 5

the authority for a court to hear a matter for the first time

Question 6

Appellate Jurisdiction

Answer 6

the authority for a court to review matters on appeal from another court

Question 7

Committal Proceedings

Answer 7

proceedings in which a magistrate determines if there is enough evidence for a case to proceed to trial in a higher court

Question 8

Magistrate

Answer 8

a judicial offucer in the local court.

In NSW, magistrates are appointed by the Governor

Question 9

Coroner

Answer 9

a judicial officer appointed to investigate deaths in unusual circumstances

Question 10

Coronial Inquest

Answer 10

a court hearing conducted by a coroner to help determine the manner and cause of death

Question 11

Adversary System

Answer 11

a system of law where two opposing sides present their cases to an impartial judge or jury

Question 12

Inquisitorial System

Answer 12

a system of law where two sides present their cases to a judge who directs the cases and can call for particular evidence ie Judge Judy

Question 13

Police Prosecutor

Answer 13

A NSW Police Force officer trained in prosecution; usually prosecutes summary offences

Question 14

Prosecution

Answer 14

the conducting of legal proceedings against someone in respect of a criminal charge

Question 15

Public Prosecutors

Answer 15

a legal practitioner employed by the Director of Public Prosecutions; usually prosecutes indictable offences

Question 16

Public Defender

Answer 16

a public barrister who can appear for an accused in a serious criminal matter where legal aid has been granted

Question 17

Legal Aid

Answer 17

a subsidised legal service provided by the state for those on low incomes

Question 18

Plea

Answer 18

a formal statement of guilt of innocence by the accused

Guilty or Not Guilty?

Question 19

Charge Negotiation

Answer 19

an agreement between the Director of Public Prosecutions and the accused that involves the acceptance of a guilty plea, usually in exchange for something else

Question 20

Burden of Proof

Answer 20

in criminal matters, the responsibility of the prosecution is to prove the case against the accused

Lies with prosecutor

Innocent until proven guilty

Question 21

Standard of Proof

Answer 21

the level of proof required for a party to succeed in court

must be proven beyond reasonable doubt

director of public prosecutions will not bring a case before the courts unless it feels a jury will be convinced by the evidence

Question 22

Beyond Reasonable Doubt

Answer 22

the standard of proof required in a criminal case for a person to be found guilty

Question 23

Acquittal

Answer 23

a judgement that a person is not guilty of the crime of which they have been charged

Question 24

Mental Illness or Insanity

Answer 24

mental incapacitation at the time of the act, meaning the accused cannot have formed the mens rea at the time of the offence

M’Nagten Rule 1843- claims insanity must be proven

Question 25

Automatism

Answer 25

an act that is not controlled or voluntary which leads to a crime ie. Epileptic fit

Question 26

Mistake

Answer 26

The defendant acted under an honest and reasonable mistake

Question 27

Self-defence or Necessity

Answer 27

the defendant acted in defence of self, another or property; only accepted in limited circumstances and only for reasonable force

ie Mothers with children in danger

Question 28

Duress

Answer 28

Coercion or pressure from another party

ie threats of death

Question 29

Consent

Answer 29

it is a complete defence for some crimes if the accused can show the victim freely consented to the act in question

Question 30

Provocation

Answer 30

the defence where the defendant claims that their actions were a direct result of another person’s actions, which caused them to lose control of their own actions

Question 31

Diminished Responsibility

Answer 31

also known as substantial impairment of responsibility, this defence is used when the accused is suffering from a disability

Question 32

Mitigating Factors

Answer 32

a circumstance that makes offence less severe

can reduce sentence

Question 33

Aggravating Factor

Answer 33

a circumstance that makes offence more serious

can increase sentence

Question 34

Victim Impact Sentence

Answer 34

a statement written by victim or victims family about the impact the crime had on them

heard at time of sentencing

Question 35

Gratuitious Violence

Answer 35

excessive violence carried out without reason or cause

Question 36

Remorse

Answer 36

Deep regret for someone’s wrongdoing

Question 37

Peremptory Challenge

Answer 37

when the legal team rejects a juror without needing to provide a specific reason

Question 38

Challenge for cause

Answer 38

when the legal team rejects a juror because they believe the juror could be prejudice

ie. family member of accused or victim

Question 39

Appellant

Answer 39

in an appeal case, the party who is making the appeal

Question 40

Apppeal against conviction

Answer 40

an appeal where the appellant (the defendant) argues they did not commit the offence of which they were found guilty

Question 41

Sentence Appeal

Answer 41

an appeal against the severity or leniency of a sentence

Question 42

Actus Reas

Answer 42

Admitting to the crime

Question 43

Doli Incapax

Answer 43

the law presumes a child under the age of 14 does not possess the necessary knowledge required to have criminal intent

Question 44

Statute Law

Answer 44

Law within a State

Question 45

Ratio Decidendi

Answer 45

latin

the reason, the rationale for the decision