T3 Exam definitions

Question 1

accused

Answer 1

a person charged with a crime or on trial for a crime (also known as defendant)

Question 2

admissible evidence

Answer 2

evidence that complies with rules of evidence and can be presented to court to be considered

Question 3

appellate jurisdiction

Answer 3

authority to hear cases brought on appeal from a lower court

Question 4

bail

Answer 4

the temporary release of the accused from jail before their first hearing, with conditions

Question 5

committal hearing

Answer 5

a preliminary hearing where prosecutor presents evidence to prove a prima facie case exists. this is based on presumption of innocence

Question 6

court of appeal

Answer 6

a division of the supreme court which hears appeals from lower courts

Question 7

direct evidence

Answer 7

the making of a statement that a particular fact is true because it was seen felt or heard by statement maker

Question 8

district court

Answer 8

deals with indictable offences such as rape, armed robbery and fraud. hears civil cases between 150-750k

Question 9

documentary evidence

Answer 9

facts presented in the form of a document e.g. doctors report

Question 10

double jeopardy

Answer 10

a person cannot be charged with an offence for which they have already been convicted

Question 11

equitable outcome

Answer 11

whether an outcome is even and impartial; whether it considers the rights and freedoms of individuals and society; whether law applies equally to citizens and government

Question 12

evidence

Answer 12

all material or information relevant to proving either party’s case (is either oral, documentary or real)

Question 13

fair trial

Answer 13

anyone accused of a crime should have guilt or innocence determined by a fair and effective legal process

Question 14

inadmissible evidence

Answer 14

evidence which can’t be used in court

Question 15

what are types of inadmissible evidence

Answer 15

irrelevant, character, illegally or unfairly obtained, hearsay, opinion, privileged communications

Question 16

indictable offence

Answer 16

a serious offence that must be heard by a judge and jury

Question 17

available punishments for indictable offences

Answer 17

penalty 14+ years in supreme court. penalty up to 20 years in district court.

Question 18

indirect evidence

Answer 18

evidence of facts which make it probable that other material facts are true (also known as circumstantial evidence)

Question 19

judge

Answer 19

a public officer appointed to decide cases in a law court

Question 20

jurisdiction

Answer 20

extent of authority of a court to decide matters brought before it

Question 21

juror

Answer 21

anyone who is a member of a jury in a court of law

Question 22

jury

Answer 22

a sworn body of people convened to decide the facts of a case including guilt or innocence

Question 23

magistrates court jurisdiction

Answer 23

civil cases below $150000. most summary and some indictable offences. maximum penalty 3 years.

Question 24

mention

Answer 24

an initial court hearing which a defendant must attend. an occasion when the case comes before the court but isn’t fully decided

Question 25

non-indictable offence

Answer 25

a less serious offence that is heard by a magistrate only. examples: shoplifting, failure to pay bill, drunk driving

Question 26

oral evidence

Answer 26

fact presented in a spoken form by a witness

Question 27

onus of proof

Answer 27

the prosecution must prove the person is guilty beyond reasonable doubt (presumption of innocence)

Question 28

parole

Answer 28

granting a prisoner early release after serving time in prison

Question 29

prosecutor

Answer 29

the party who seeks to prove the guilt of a person accused of a crime

Question 30

real evidence

Answer 30

physical objects relevant to a case

Question 31

remanded

Answer 31

if not granted bail you will be remanded (detained) in custody until a court appearance

Question 32

standard of proof

Answer 32

beyond reasonable doubt

Question 33

summary hearing

Answer 33

a magistrate hears all evidence for a case and makes a decision whether the accused is guilty or not guilty

Question 34

supreme court

Answer 34

civil jurisdiction over $750000. hears most serious indictable cases