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legal studies > YEAR 12 - UNIT 3 AOS 1 > Flashcards

YEAR 12 - UNIT 3 AOS 1 Flashcards

1
Q

committal proceedings

A

the pre-trial hearings and processes held in the Magistrates’ Court for indictable offences

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2
Q

parole

A

conditional release of a prisoner after minimum period of imprisonment has been served

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3
Q

statute

A

law made by and bill passed through parliament, and has received royal assent (Act of Parliament)

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4
Q

standard of proof

A

degree to which a case must be proved in court

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5
Q

sanction

A

penalty imposed by a court on a persons guilt of a criminal offence

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6
Q

jury

A

independent group chosen at random to determine questions of fact in trial + reach decision (verdict)

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7
Q

evidence

A

information, documents, etc. used to prove the facts in a legal case

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8
Q

complainant

A

person who makes formal legal claim that another has committed a criminal offence against them

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9
Q

barrister

A

independent lawyer with specialist skills in dispute resolution and advocacy who is engaged on behalf of a party

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10
Q

jury directions

A

instructions given by a judge to a jury either during/end of a trial

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11
Q

beyond reasonable doubt

A

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

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12
Q

common law

A

law made by judges through decisions made in cases (judge-made law)

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13
Q

Victims register

A

database maintained by state of Victoria to provide victims of violent crimes with information about adult prisoners while they are in prison

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14
Q

social cohesion

A

willingness of members in society to cooperate with each other in order to survive and prosper

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15
Q

denunciation

A

(purpose of sanction), demonstrate community’s disapproval of the offenders actions

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16
Q

prosecutor

A

representative of the prosecution who is responsible for conducting the criminal case and appearing in court

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17
Q

sue

A

take civil action against another person, claiming infringement of some legal right of the plaintiff

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18
Q

aggravating factors

A

facts about an offender or an offence that can lead to a more severe sentence

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19
Q

fairness

A

(principle of justice) all people can participate in the justice system, processes = impartial and open

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20
Q

oath

A

solemn declaration, person swears the truth on a religious or spiritual belief.

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21
Q

Human Rights Charter

A

Charter of Human Rights and Responsibilities Act 2006 (Vic). Its main purpose = protect + promote human rights

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22
Q

Deterrence

A

(purpose of sanction), discourage offender and others in community from committing similar offences

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23
Q

community correction order (CCO)

A

flexible, non-custodial sanction where offender serves in the community, with conditions attached to the order

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24
Q

original jurisdiction

A

power of a court to hear a case for the first time

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25
Q

bias

A

prejudice/lack of objectivity in relation to one person or group

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26
Q

offender

A

person who has been found guilty of a criminal offence by a court

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27
Q

Royal Commission

A

highest form of inquiry into matters of public concern and importance. Established by government and are given wide powers to investigate and report on an important matter of public concern

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28
Q

summary offence

A

minor offence (generally heard in the Magistrates’ Court)

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29
Q

class action

A

legal proceeding in which a group of seven or more people who have a claim against the same person based on similar or related facts bring that claim to court in the name of one person

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30
Q

victim

A

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

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31
Q

remand

A

accused is kept in custody until their criminal trial can take place

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32
Q

sanction

A

a penalty imposed by a court on a person guilty of a criminal offence

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33
Q

bail

A

release of an accused person from custody on condition that they will attend a court hearing to answer the charges

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34
Q

cumulative sentence

A

two sentences imposed, served one after the other

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35
Q

victim impact statement

A

statement filed with the court by a victim that is 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

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36
Q

Australian Constitution

A

set of rules and principles that guide the way Australia is governed.

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37
Q

crossbenchers

A

members of Parliament who are not members of either government or opposition

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38
Q

punishment

A

(purpose of sanction), penalize offender + show society criminal behaviour will not be tolerated

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39
Q

concurrent sentence

A

(sanction) served at the same time as one or more other sentences

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40
Q

indictable offence

A

serious offence (heard before a judge and a jury in the County Court/Supreme Court of Victoria)

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41
Q

High Court

A

ultimate court of appeal in Australia and the court with the authority to hear and determine disputes arising under the Australian Constitution

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42
Q

international treaty

A

legally binding agreement between countries or intergovernmental organizations, in which they undertake to follow the obligations set out in the agreement and include them in their own local laws

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43
Q

unanimous verdict

A

decision where all the jury members are in agreement and decide the same way

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44
Q

guilty plea

A

offender formally admits guilt, considered by court when sentencing

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45
Q

appeal

A

application to have a higher court review a ruling

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46
Q

rule of law

A

principle that everyone in society is bound by and must obey the law + (fair and clear)

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47
Q

community legal center (CLC)

A

independent community organization that provides free legal services to people who are unable to pay for those services.

48
Q

accused

A

person charged with a criminal offence (has not been found guilty/pleaded guilty)

49
Q

jurisdiction

A

lawful authority of a court, tribunal or other dispute resolution body to decide legal cases

50
Q

bill

A

proposed law that has been presented to parliament to become law. Act of Parliament once passed through all the formal stages of law-making

51
Q

recidivism

A

re-offending; returning to crime after already having been convicted

52
Q

balance of probabilites

A

standard of proof in civil disputes. Requires plaintiff to establish that it is more likely than not that their claim is true

53
Q

precedent

A

principle established in a legal case that should be followed by courts in later cases where the material facts are similar.

54
Q

appellate jurisdiction

A

power of a court to hear a case on appeal

55
Q

mitigating factors

A

facts/circumstances about the offender/offence that can lead to a less severe sentence

56
Q

non-parole period

A

minimum term a prisoner must serve before they are can be given parole

57
Q

conviction

A

finding of guilt made by a court, whether or not a conviction is recorded

58
Q

specialist CLC

A

community legal centre that focuses on a particular group of people or area of law (young people, asylum seekers, etc.)

59
Q

opposition

A

political party that holds the second largest number of seats in the lower house. (questions government about policy matters + responsible for holding the government to account)

60
Q

defendant

A

party who is alleged to have breached a civil law and who is being sued by a plaintiff

61
Q

Victorian Law Reform Commission (VLRC)

A

Victoria’s independent law reform organisation. Reviews, researches and makes recommendations to the state parliament about possible changes to Victoria’s laws

62
Q

civil dispute

A

disagreement between two or more individuals in which one of the individuals makes a legal claim against the other

63
Q

Federation

A

union of sovereign states that gave up some of their powers to a central authority to form Australia

64
Q

burden of proof

A

obligation of a party to prove a case.

65
Q

Office of Public Prosecutions (OPP)

A

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

66
Q

intergenerational trauma

A

psychological response to distressing, oppressive historical events, which is passed on to future generations. (First Nations)

67
Q

civil law

A

area of law that defines the rights and responsibilities of individuals, and groups in society

68
Q

specific deterrence

A

(purpose of sanction) to discourage the offender from committing further offences

69
Q

Director of Public Prosecutions (DPP)

A

independent officer responsible for conducting prosecutions of indictable offences on behalf of the State of Victoria

70
Q

examination-in-chief

A

questioning of one’s own witness in court in order to prove one’s own case and disprove the opponent’s case

71
Q

prosecution

A

party that institutes criminal proceedings against an accused on behalf of the state

72
Q

respondent

A

party against whom an appeal is made

73
Q

presumption of innocence

A

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

74
Q

criminal law

A

area of law that defines behaviours and conduct that are prohibited + outlines sanctions

75
Q

equality

A

(principles of justice) treated in the same way, but if the same treatment creates disparity or disadvantage, adequate measures should be implemented to allow all to engage with the justice system without disparity or disadvantage

76
Q

government

A

ruling authority with power to govern, formed by political parties (coalition)

77
Q

generalist CLC

A

community legal centre that provides a broad range of legal services to people in a particular geographical area of Victoria

78
Q

plaintiff

A

the party who makes a legal claim against another party in court

79
Q

pro bono

A

public good, legal services provided for free/reduced rates

80
Q

means test

A

test applied by Victoria Legal Aid to determine whether an applicant qualifies for legal assistance or representation in court

81
Q

laws

A

legal rules made by a legal authority that are enforceable by the police and other agencies

82
Q

majority verdict

A

decision where all but one of the members of the jury agree

83
Q

secondary legislation

A

rules and regulations made by secondary authorities that are given the power by parliament

84
Q

criminal justice system

A

set of processes used to investigate and determine criminal cases

85
Q

committal hearing

A

court hearing that is held as part of the committal proceeding in the Magistrates’ Court. Decide whether there is sufficient evidence to support a conviction for the offence charged

86
Q

Westminster system

A

parliamentary system of government that developed in Britain and upon which Australia’s parliamentary system is modelled

87
Q

parliament

A

formal assembly of representatives of the people that is elected by the people and gathers to make laws

88
Q

statute law

A

law made by parliament (acts of Parliament)

89
Q

income test

A

test applied by Victoria Legal Aid to determine whether a duty lawyer can represent an accused.

90
Q

appellant

A

person who appeals against a decision

91
Q

Act of Parliament

A

law made by parliament; a bill passed through parliament, received royal assent

92
Q

royal assent

A

formal signing and approval of a bill by the Governor-General

93
Q

constitutional monarchy

A

system of government in which a monarch is the head of state and a constitution sets out the powers of the parliament

94
Q

imprisonment

A

(sanction) removing the offender from society for a stated period of time and placing them in prison

95
Q

apprehended bias

A

situation in which a fair-minded lay observer might reasonably believe that the person hearing or deciding a case might not bring an impartial mind to the case

96
Q

fine

A

(sanction) offender to pay an amount of money to the state

97
Q

political party

A

organisation that represents a group of people with shared values and ideas, aims to have its members elected to parliament

98
Q

protection

A

(purpose of sanction), safeguard the community from an offender by preventing them from committing a further offence

99
Q

alternative arrangements

A

measures that can be put in place for witnesses in certain criminal cases to give evidence in a different way

100
Q

Commonwealth offences

A

crimes that break a law passed by the Commonwealth Parliament

101
Q

plea negotiations

A

pre-trial discussions between the prosecution and the accused, aimed at resolving the case by agreeing on an outcome to the criminal charges laid

102
Q

cross-examination

A

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

103
Q

Koori Court

A

division of the Magistrates’ Court, Children’s Court and County Court that operates as a sentencing court for First Nations people

104
Q

victim

A

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

105
Q

hearsay evidence

A

evidence given by person who did not personally witness the thing that is being stated to the court as true

106
Q

Magna Carta

A

‘peace treaty’ made in England in 1215 between the barons and the King

107
Q

indefinite sentence

A

term of imprisonment that has no fixed end date

108
Q

general deterrence

A

amount of money that one party is ordered to pay to another party to compensate for losses that are not easily quantifiable

109
Q

discrimination

A

unfavourable treatment of a person based on a certain attribute

110
Q

responsible governent

A

legal principle which government is to be answerable to elected representatives of the people for its actions + the government is to maintain the confidence of the majority of the lower house

111
Q

self-represented party

A

person before a court/tribunal who has no professional assisting

112
Q

Victoria Legal Aid (VLA)

A

government agency that provides free legal advice to all members of the community and legal representation

113
Q

Victims’ Charter

A

Recognises the impact of crime on victims + provides guidelines for the provision of information to victims

114
Q

indictable offence heard and determined summarily

A

serious offence that is dealt with as a summary offence if the court and the accused agree

115
Q

disparity

A

situation in which two or more things or people are not equal

116
Q

rehabilitation

A

(purpose of sanction), reform offender in order to prevent them from committing offences in the future

117
Q

Law Council of Australia

A

national representative body of the Australian legal profession

legal studies (9 decks)

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