Terms and Definitions Flashcards
Right
The privilege or power to be able to do something.
Acquittal
A judgement or verdict that a person is not guilty of the crime with which they have been charged
Actus Reus
As an element of criminal responsibility, the wrongful act or omission that comprises the physical components of a crime
Jury
Body of persons empanelled and sworn to judge and give a verdict on a given court matter. For a criminal trial, the jury will consist of 12 people
Adversarial system
A system of law in which each side presents evidence in order to prove their case
Beyond reasonable doubt
The standard of proof required in a criminal matter in order for the prosecution to prove a case against the accused
Bill
A drafted law which has not yet passed through parliament or received royal assent
Bill of rights
A document setting out the rights of citizens
Abatement
The removal of a problem which is against public or private policy
Claimant
The party who formally insists that a specific action occurred
Breach
Broken rule or promise
Alternate Dispute Resolution
Settling a dispute without having to go through a more formal process such as a court. Methods include mediation, conciliation, and arbitration.
Accused
A person or group of people who are charged with or on trial for a crime
Compensation
Money paid to a person who has suffered injury or loss by the person the law regards as being responsible
Volenti non fit injuria
Latin for ‘voluntary assumption of risk’. It is used as a legal defence to a civil action for damages suffered by a party, usually in negligence or assault actions
Trespass
An unlawful intrusion that interferes with one’s own person or property
Duty of care
A legal obligation imposed in circumstance where harm could be reasonably foreseen to occur to others
Contributory negligence
A partial legal defence to a negligence case claiming that the plaintiff contributed in some way to the damage caused and therefore the damages payable should be reduced
Diminished responsibility
Defence that is used where an accused does not fully understand what they have done
Conviction
Judgement of a jury or a magistrate that a person is guilty of a crime as charged
Double jeopardy
The act of putting a person through a second trial for an offence he or she has already been prosecuted
Prosecution
A Government official who conducts criminal prosecutions on behalf of the state
Drug court
The Drug Court offers offenders, who are over the age of 17 and are drug dependant, intensive rehabilitation instead of prison. In particular, the Drug Court is a second chance for the first time offenders. This court is both important and necessary as it provides more space in the other courts and produces a much higher chance of not reoffending
Detinue
An action whereby a person claims the specific return of goods or the value of goods wrongfully detained
Empanelled
The process of being chosen for jury service for a particular trial
Mens Rea
A person’s mental state when they commit a crime
Conciliation
Where the parties involved meet with a third person, a conciliator, to try and settle their dispute
Cognitive capacity
Capable of understanding the nature and effect of decisions about the matter and can freely and voluntarily make decisions about the matter and communicate decisions in the same way
Indictable offences
A crime for which a grand jury rules that there is enough evidence to charge defendant with felony
Verdict
The finding of a magistrate or jury in a trial
Inquisitorial system
A method of legal practice in which the judge endeavours to discover facts while simultaneously representing the interests of the state in a trial
Foreperson
The chair and spokesperson for a jury
Common law
Common law, also known as judge-made law are decisions made by the courts created by judges who issue a verdict when there is no statute that applies to a case
Intoxication
The state of impairment caused by the consumption of alcohol or drugs
Standard of proof
In a criminal proceeding, the court is not to find the case of the prosecution proved unless it is satisfied that it has been proved beyond reasonable doubt.
In a civil proceeding, the court is to find the case of a defendant proved if it is satisfied that the case has been proved on the balance of probabilities
Arbitration
The hearing and determination of a dispute by an impartial referee agreed to by both parties often used to settle disputes between labour and management
Balance of probabilities
The standard of proof required in civil matter in order for a plaintiff to succeed in proving their case against a defendant
Rule of law
The principle that all people are subject to the law and are equal before the law. For the rule of law to operate effectively within our society;
- laws must be clear
- laws must be accepted by all citizens
- laws must be known
- laws must be seen to be applied fairly
Appellate jurisdiction
The power of a court to hear and modify appeals and decisions made by the lower courts
Voidable
Cancelled or returnable
Statute law
Statute law, also known as statutory law is the most common form of law within our society. It is a law passed by parliament and it takes precedence over common law
Legal representation
The legal work that a lawyer performs on behalf of a client
Tort
A legal wrong that is not a criminal offence
Magistrate
A magistrate presides in the Magistrates Court, where they are referred to as ‘Your Honour’. In the absence of a jury in the Magistrates Court, the role of the magistrate is to decide on matters of law as well as matters of fact. The magistrate has the responsibility of deciding whether or not sufficient evidence exists to meet the required standard of proof in either a civil or criminal case
Judge
The senior judicial officer presiding in District or higher courts who is responsible for ensuring that the rules of the court are adhered to. The judge also has the responsibility of passing a sentence in a criminal trial of the accused is found or pleads guilty to the offence they have been charged with
Plaintiff
The person who initiates a civil action
Liability
A responsibility a person has to another person or for an action
Duress
An act carried out because of a threat to you or a loved one
Negligence
An important legal principle that enables a party who has suffered loss or damage resulting from the wrongful actions or inactions of another to claim compensation from the party responsible for their loss. No contractual relationship between the parties is necessary
Reasonably foreseeable
Use in connection to a negligence action to establish whether damage or injury could have been seen by a reasonable person as being likely to have occurred
Injunction
Where a court orders a person to do or refrain from doing a particular thing
Negotiations
Discussion aimed at reaching an agreement
Proximity
The degree of ‘closeness’ required between an action or inaction and damage suffered in order for a negligence action to succeed
Nuisance
Something which interferes with the right of an occupier of property to use heir property
Ultra vires
Means ‘beyond power’, acing outside scope of their power
E-commerce
Electronic commerce is the bullying or selling of goods and services on the Internet
False imprisonment
Imprisonment of a person when there is no legal authorisation for the imprisonment
Obiter dicta
Literally means ‘something said by the way’, words used by a judge in a case that are not critical to the decision and therefore do not form part of a binding precedent
Offender
The person who has broken the law
Onus of proof
The responsibility of proving a disputed charge or allegation
Ratio decidendi
Literally means ‘reason for decision’. It is confined to the reasoning of the judge that is essential to the decision in the case and becomes the binding precedent
Prima facie
Latin for ‘at first sight’, Prima facie is a fact presumed to be true unless it is disproved
Possession
For a person to be in possession of a drug, they generally have to be aware of its existence and be exercising control over it. The person must also know that the substance is a drug, or have reason to suspect that it is a drug
Remedy
Relief for loss/damage that may be given or ordered by a court to compensate for a wrong
Separation of powers
A doctrine of the system of government in Australia whereby the Australian Constitution divides or separates the power of governing Australia into three parts.
Precedent
A rule or principle which has been established in a previous legal case that is either persuasive to or binding on a court when it is deciding subsequent cases with similar facts or issues
Offence
An act which breaks the law
Standard of care
The degree of caution required, usually with reference to the ‘reasonable person’, of an individual who owes a duty of care
Strict liability
Offences that do not allow a person to use an excuse to escape conviction
Insanity
State of mental disease or natural mental infirmity
Damages
Compensation, in the form of money, awarded by s court to the successful claimant in a legal action
Defamation
An act of communication that injures another person’s reputation without good reason or justification causing them to be shamed, ridiculed, held in contempt and to lose their standing in the community or their place of work
Defence
The action of the defendant in opposition to complaints against him or her
Vicarious liability
When a superior person is held responsible for the tort of their subordinate, even though the person being held responsible may not have done anything wrong
Unicameral system of government
A unicameral system of government consists of a single legislative chamber with the belief that second chamber is unnecessary
Backbencher
A backbencher is a parliament member who is in either house and has not obtained a portfolio
Defendant
The person who is accused of a civil wrong or a crime
Mediation
Mediation is the most common form of alternative dispute resolution. Mediation is when the disputing parties come together to work towards an agreement with the involvement of a neutral third person, also known as a mediator. Mediation is seen as a flexible and cheaper alternative where the issue can be dealt with earlier, resulting in a win-win outcome
Referendum
A change to the Constitution requires the approval of a majority of voters nationwide, and also a wide majority of voters in at least four states. This vote is referred to as a ‘referendum’.
Committal hearing
A committal hearing takes place in a Magistrates Court and is where the case against the accused is presented to the magistrate, who then decides whether sufficient evidence exists to commit the matter to a higher court for trial
Democracy
A system of Government in which power is vested in the people, who rule either directly or through freely elected representatives. Democracy ensures that people have a direct say in the country’s affairs
Rules
Rules are a formal set of regulations for people of a particular group eg. A family rule is to be home before curfew and the rule applies only to the family
Laws
Laws regulate activities that each society determines are important and they apply to everyone eg. A law is don’t drink and drive
