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legal studies Unit 3 > Unit 3 AOS1 Legal terminology > Flashcards

Unit 3 AOS1 Legal terminology Flashcards

1
Q

burden of proof

A

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)

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2
Q

Director of Public Prosecutions (DPP)

A

the independent officer responsible for commencing, preparing and conducting prosecutions of indictable offences on behalf of the Crown

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3
Q

equality

A

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

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4
Q

fairness

A

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)

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5
Q

Human Rights Charter

A

the Charter of Human Rights and Responsibilities Act 2006 (Vic). Its main purpose is to protect and promote human rightsbeyond reasonable doubt

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6
Q

indictable offence

A

a serious offence generally heard before a judge and a jury in the County Court or Supreme Court of Victoria

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7
Q

jury

A

an independent group of people chosen at random to decide on the evidence in a legal case and reach a decision (i.e. verdict)

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8
Q

Office of Public Prosecutions (OPP)

A

the Victorian public prosecutions office which prepares and conducts criminal proceedings on behalf of the DPP

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9
Q

presumption of innocence

A

the right of a person accused of a crime to be presumed not guilty unless proven otherwise

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10
Q

prosecutor

A

the Crown in its role of bringing a criminal case to court (also called ‘the prosecution’)

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11
Q

sanction

A

a penalty (e.g. a fine or prison sentence) imposed by a court on a person guilty of a criminal offence

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12
Q

standard of proof

A

the degree or extent to which a case must be proved in court

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13
Q

summary offence

A

a minor offence generally heard in the Magistrates’ Court

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14
Q

victim

A

a person who has suffered directly or indirectly as a result of a crime

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15
Q

access

A

one of the principles of justice; access means that all people should be able to understand their legal rights and pursue their case

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16
Q

accused

A

a person charged with a criminal offence

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17
Q

balance of probabilities

A

the standard of proof in civil disputes. This requires the plaintiff to establish that it is more probable (i.e. likely) than not that his or her side of the story is right

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18
Q

beyond reasonable doubt

A

the standard of proof in criminal cases. This requires the prosecution to prove there is no reasonable doubt that the accused committed the offence

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19
Q

criminal justice system

A

a set of processes and institutions used to investigate and determine criminal cases

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20
Q

Australian Constitution, the

A

a set of rules and principles that guide the way Australia
is governed. The Australian Constitution was passed by the British Parliament
and its formal title
is Commonwealth of Australia Constitution Act 1900 (UK)

21
Q

treason

A

the crime of betraying one’s country, especially by attempting to overthrow the government

22
Q

rule of law

A

the principle that everyone in society is bound by law and must obey the law and that laws should be fair and clear (so people are willing and able to obey them)

23
Q

appeal

A

an application to have a higher court review a ruling (i.e. decision) made by a lower court

24
Q

victim impact statement

A

a statement filed with the court by a victim, and considered by the court when sentencing. It contains particulars of any injury, loss or damage suffered by the victim as a result of the offence

25
Q

parole

A

the supervised and conditional release of

a prisoner after the minimum period of imprison

26
Q

Victims Register

A

a register (i.e. database) maintained by the
state of Victoria set up to provide the victims
of violent crimes with relevant information about adult prisoners while they are in prison (e.g. the prisoner’s earliest possible release date)

27
Q

examination-in-chief

A

the questioning of one’s own witness in court

in order to prove one’s own case and disprove the opponent’s case

28
Q

cognitive impairment

A

an issue with brain functioning that
can affect thinking, memory, understanding or communication
(for example, an acquired brain injury or dementia)

29
Q

Victoria Legal Aid (VLA)

A

a government agency that provides free legal advice to the community and low-cost or no-cost legal representation to people who can’t afford a lawyer

30
Q

cross-examination

A

the questioning of a witness called by the other side in a legal case

31
Q

complainant

A

a person against whom an offence is alleged to have been committed (a person who has complained to the police)

32
Q

protected witness

A

a person who is to give evidence in a sexual offense or family violence offense case and is either
the complainant, a family member of
the complainant or the accused, or any other witness the court declares to be a protected witness

33
Q

Victims’ Charter

A 
a charter (i.e. the
Victims’ Charter Act 2006
(Vic)) that recognises the impact of crime on victims and provides guidelines for the provision of information to victims
34
Q

common law

A

law made by judges through decisions made in cases; also known as case law or judge-made law (as opposed to statute law)

35
Q

examination-in-chief

A

the questioning of one’s own witness in court

in order to prove one’s own case and disprove the opponent’s case

36
Q

committal hearing

A

a hearing that is held as part of
the committal proceeding. At the committal hearing, the magistrate will decide whether there is sufficient evidence to support a conviction for the offence charged

37
Q

committal proceeding

A

the processes and hearings that take place in the Magistrates’ Court for indictable offences

38
Q

community correction order (CCO)

A

a non-custodial sanction (i.e. one that doesn’t involve a prison sentence) that the offender serves in the community, with conditions attached to the order

39
Q

community legal centre (CLC)

A

an independent organisation that provides free legal services to people who are unable to pay for those services. Some are generalist CLCs and some are specialist CLCs

40
Q

denunciation

A

one purpose of a sanction; a process by which a court can demonstrate the community’s disapproval of the offender’s actions

41
Q

deterrence

A

one purpose of a sanction; a process by which the court can discourage the offender and others in the community from committing similar offences

42
Q

fine

A

a sanction that requires the offender to pay an amount of money to the state

43
Q

imprisonment

A

a sanction that involves the removal of the offender from society for a stated period of time and placing them in prison

44
Q

legal aid

A

legal advice, education or information about the law and the provision of leg

45
Q

plea negotiations

A

(in criminal cases) pre-trial discussions that take place between the prosecution and the accused, aimed at resolving the case by agreeing on an outcome to the criminal charges laid (also known as charge negotiations)

46
Q

punishment

A

one purpose of a sanction; a strategy designed to penalise (i.e. punish) the offender and show society and the victim that criminal behaviour will not be tolerated

47
Q

sanction

A

a penalty (e.g. a fine or prison sentence) imposed by a court on a person guilty of a criminal offence

48
Q

Victoria Legal Aid (VLA)

A

a government agency that provides free legal advice to the community and low-cost or no-cost legal representation to people who can’t afford a lawyer

legal studies Unit 3 (2 decks)

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