Unit 3 AOS1 Legal terminology Flashcards
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)
Director of Public Prosecutions (DPP)
the independent officer responsible for commencing, preparing and conducting prosecutions of indictable offences on behalf of the Crown
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)
Human Rights Charter
the Charter of Human Rights and Responsibilities Act 2006 (Vic). Its main purpose is to protect and promote human rightsbeyond reasonable doubt
indictable offence
a serious offence generally heard before a judge and a jury in the County Court or Supreme Court of Victoria
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)
Office of Public Prosecutions (OPP)
the Victorian public prosecutions office which prepares and conducts criminal proceedings on behalf of the DPP
presumption of innocence
the right of a person accused of a crime to be presumed not guilty unless proven otherwise
prosecutor
the Crown in its role of bringing a criminal case to court (also called ‘the prosecution’)
sanction
a penalty (e.g. a fine or prison sentence) imposed by a court on a person guilty of a criminal offence
standard of proof
the degree or extent to which a case must be proved in court
summary offence
a minor offence generally heard in the Magistrates’ Court
victim
a person who has suffered directly or indirectly as a result of a crime
access
one of the principles of justice; access means that all people should be able to understand their legal rights and pursue their case
accused
a person charged with a criminal offence
balance of probabilities
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
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
criminal justice system
a set of processes and institutions used to investigate and determine criminal cases
Australian Constitution, the
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)
treason
the crime of betraying one’s country, especially by attempting to overthrow the government
rule of law
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)
appeal
an application to have a higher court review a ruling (i.e. decision) made by a lower court
victim impact statement
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
parole
the supervised and conditional release of
a prisoner after the minimum period of imprison
Victims Register
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)
examination-in-chief
the questioning of one’s own witness in court
in order to prove one’s own case and disprove the opponent’s case
cognitive impairment
an issue with brain functioning that
can affect thinking, memory, understanding or communication
(for example, an acquired brain injury or dementia)
Victoria Legal Aid (VLA)
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
cross-examination
the questioning of a witness called by the other side in a legal case
complainant
a person against whom an offence is alleged to have been committed (a person who has complained to the police)
protected witness
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
Victims’ Charter
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
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)
examination-in-chief
the questioning of one’s own witness in court
in order to prove one’s own case and disprove the opponent’s case
committal hearing
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
committal proceeding
the processes and hearings that take place in the Magistrates’ Court for indictable offences
community correction order (CCO)
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
community legal centre (CLC)
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
denunciation
one purpose of a sanction; a process by which a court can demonstrate the community’s disapproval of the offender’s actions
deterrence
one purpose of a sanction; a process by which the court can discourage the offender and others in the community from committing similar offences
fine
a sanction that requires the offender to pay an amount of money to the state
imprisonment
a sanction that involves the removal of the offender from society for a stated period of time and placing them in prison
legal aid
legal advice, education or information about the law and the provision of leg
plea negotiations
(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)
punishment
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
sanction
a penalty (e.g. a fine or prison sentence) imposed by a court on a person guilty of a criminal offence
Victoria Legal Aid (VLA)
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
