Legal studies glossary Flashcards
beyond reasonable doubt
the standard of proof in criminal
cases. This requires the prosecution to prove there is no
reasonable doubt that the accused committed the offence
burden of proof
the obligation (i.e. responsibility) of a party to prove a case. The burden of proof usually rests with the party who initiates the action (i.e. the plaintiff in a civil dispute and the prosecution in a criminal case)
common law
law made by judges through decisions made in
cases; also known as case law or judge-made law (as opposed
to statute law)
crime
an act or omission that is (1) against existing law,
(2) harmful to an individual or society as a whole, and
(3) punishable by law
criminal law
an area of law that defines a range of
behaviors and conduct that are prohibited (i.e. crimes) and
outlines sanctions (i.e. penalties) for people who commit them
(as opposed to civil law)
indictable offence
a serious offence generally heard
before a judge and a jury in the County Court or Supreme
Court of Victoria
indictable offence heard and determined summarily
a serious offence which can be heard and determined as a
summary offence if the court and the accused agree
jury
an independent group of people chosen at random to
decide on the evidence in a legal case and reach a decision
(i.e. verdict)
mens rea
Latin term meaning ‘a guilty mind’; the mental
element of a crime (i.e. an awareness of the fact that the
conduct is criminal).
presumption of innocence
the right of a person accused of a
crime to be presumed not guilty unless proven otherwise
principal offender
a person who has carried out the actus
Reus (guilty act) and has therefore directly committed the
offense
standard of proof
the degree or extent to which a case must
be proved in court
strict liability
where culpability or responsibility for
committing a crime can be established without having to prove
there was mens rea (i.e. a guilty mind)
summary offence
a minor offence generally heard in the
Magistrates’ Court
accessory
a person who knowingly assists another person
who has committed a serious indictable offence (i.e. an
indictable offence with a punishment of five years or more in
prison) to evade arrest, prosecution or conviction
accused
a person charged with a criminal offence
actus reus
a Latin term meaning ‘a guilty act’; the physical
element of a crime (i.e. the act itself).
bail
the release of an accused person from custody on
condition that they will attend a court hearing to answer
the charges
equality
one of the principles of justice; equality means
people should be equal before the law and have the same
opportunity to present their case as anyone else, without
advantage or disadvantage
fairness
one of the principles of justice; fairness means
having fair processes and a fair hearing (e.g. the parties in a
legal case should have an opportunity to know the facts of the
case and have the opportunity to present their side of events;
and the pre-hearing and hearing (or trial) processes should be
fair and impartial)
government
the ruling authority with power to govern,
formed by the political party that holds the majority in the
lower house in each parliament. The members of parliament
who belong to this political party form the government
House of Representatives
the lower house of the
Commonwealth Parliament
persuasive precedent
the legal reasoning behind a decision
of a lower (or equal) court within the same jurisdiction, or
a court in a different jurisdiction, that may be considered
relevant (and therefore used as a source of influence) even
though it is not binding (see binding precedent)
Legislative Assembly
the lower house of the Victorian
Parliament
Legislative Council
the upper house of the Victorian
Parliament
precedent
a principle established in a legal case that is
followed by courts in cases where the material facts are
similar. Precedents can either be binding or persuasive
ratio decidendi
a Latin term meaning ‘the reason’; the legal
reasoning behind a judge’s decision. Ratio decidendi forms the
binding part of a precedent
Senate
the upper house of the Commonwealth Parliament
social cohesion
social cohesion
a term used to describe the willingness of
members of a society to cooperate with each other in order to
survive and prosper
statute
a law passed by parliament, also known as an act of
parliament or legislation
access
one of the principles of justice; access means that
all people should be able to understand their legal rights and
pursue their case
binding precedent
the legal reasoning for a decision of a
a higher court that must be followed by a lower court in the
same jurisdiction (i.e. court hierarchy) in cases where the
material facts are similar
civil law
an area of law that defines the rights and
responsibilities of individuals, groups, and organizations in society
and regulates private disputes (as opposed to criminal law)
An act
Doing something
An Omission
The failure to act
Dpp
the Director of Public Prosecutions (DPP
OPP
The offense of Public Prosecutions
summary offense
a minor offense generally heard in the
Magistrates’ Court
indictable offense
a serious offense generally heard before a judge and a jury in the County Court or Supreme Court of Victoria
burden of proof
the obligation (i.e. responsibility) of a party to prove a case.
Standard of proof
the degree or extent to
which a case must be
proved in court
Presumption of innocent
It is a guarantee to a person accused of a crime that they are entitled to be treated as, and considered to be, innocent until a charge against them is proved beyond a reasonable doubt. Innocent till proven guilty.
All a not guilty verdict says is that the prosecution did not have enough evidence to make a case, there was insufficient evidence.
Principle offender - General term
A crime does not necessarily involve only one offender. A person who commits an offence is often referred to as the principal offender.
Being ‘involved’ in a crime ( what does the law state)
The law states that a person ‘involved in a crime’ is also taken to have committed the crime, and is
responsible for the crime to the same degree as the principal offender.
Accessory
A person who knowingly assists another person who has committed a serious indictable offense (i.e. an indictable offense with a punishment
of five years or more in prison) to evade arrest, prosecution or conviction
Summary offences
Summary offences are minor criminal offences generally heard in the Magistrates’ Court. They are less
serious types of crime, and include offences
Indictable offences
Indictable offences are serious criminal offences generally heard by a judge (and a jury if the accused pleads not guilty) in the County Court or the Supreme Court of Victoria. Examples of indictable offences
include homicide offences
Indictable offence heard and determined summarily
A serious offence which can be heard and determined as a summary offence if the court and the accused agree.
The Crime Statistics Agency (CSA)
is an independent organisation responsible for processing,
analysing and publishing crime statistics for the state of Victoria.
Cyber-crime (also known as e-crime)
Cyber-crime involves the offender using computers, the internet or other electronic systems and devices for illegal behaviours such as stealing or harassing.
Hate crime
a criminal offence motivated by hostility and prejudice towards the victim (e.g. because of their race or religion)
Organised crime
Organised criminal syndicates or gangs commit this type of crime, usually in a planned and ongoing way.
Organised crime often involves illegal activities such as drug manufacturing and tracking, money laundering, the sale of illegal firearms and illegal prostitution and gambling,
Juvenile Crime
Juvenile offenders are usually persons aged between 10 to 18_ years. Common juvenile crimes include fare evasion, assault, property damage (graffiti or vandalism) and theft (shoplifting, theft of a bicycle or theft of a motor vehicle)
White-collar Crime
White collar crime is generally described as a crime committed by a person who works in government,
businesses or the corporate world.
intoxication
the act of getting drunk of your own free will. Intoxication (i.e. drunkenness) is assumed to occur by a person’s own actions unless there was a factor that made it involuntary
automatism
a person has a total loss of control over their bodily movements (i.e. is not conscious or aware of what they are doing), so that they cannot form an intention to commit a crime
duress
strong mental pressure on someone to overcome their independent will and force them to do something
abrogate
to cancel or abolish a court-made law by passing an Act of Parliament
victim impact statement
To assist victims and their families, courts can make victim impact statements into account when
sentencing. These can be heart-rending.
contract law- Civil
An area of civil law governing the validity and
enforceability of agreements made between two or more parties
counterclaim - Civil
A separate claim made by the defendant in response to the plaintiff’s claim (and heard at the same time by the court)
Damages - Civil
The most common remedy in a civil claim; an amount of money that the court (or tribunal) orders one party to pay to another
Defamation - Civil
A type of tort which involves the action of
damaging a person’s personal or professional reputation in the community through the communication of false and untrue
statements or information.
Defendant - Civil
(in a civil case) a party who is alleged to have
breached a civil law and who is being sued by a plaintiff
Group member - Civil
A member of a group of people who are part of a representative proceeding (i.e. class action)
Limitation
Of actions the restriction on bringing a civil claim
after the allowed time.
Loss -Civil
A type of harm or damage suffered by a person, and can
involve both economic and non-economic loss
