Australian Law Basics

Custom

The usual way of doing something

Morals

Standards that are seen as the proper way to behave

Verdict

A judgment or decision made by a jury

Rules

A prescribe guide for conduct or action

Statute Law

Law made by the parliaments

Court

A body of persons presided over a judge, that makes decisions in civil and criminal cases

Case

A proceeding in a court of law

Judge

A highly trained legal professional who presides over courts and passes the sentence

Beyond Reasonable Doubt

The prosecution must prove that there could be no 'reasonable doubt' in the mind of a 'reasonable person' that the efendant is guilty (100%)

Jury

A panel of people who hear evidence in a trial and deliver a verdict based on the evidence

Fine

A sum of money required to be paid as a penalty for an offence

Criminal Law

Laws to protect the general public from harm

Presumption of Innocence

The belief that you are innocent until it is proven that you have committed the crime

Laws

A rule or regulation made and enforced by the government and applies to everyone

Natural Justice

The right to be treated fairly in legal matters

Burden of Proof

The legal principle that the prosecution must prove that the accused is guilty of the crime

Writ

A form of written command in the name of a court, sovereign etc to take action

Witness

A person that gives testimony to events or as an expert

Precedent

A ruling made by a judge that all lower courts must follow

Hung Jury

A jury which cannot reach a verdict

Imprisonment

To put someone in jail as a lawful punishment

Indictable

A person making or responding to a claim in a court

Offence

Serious criminal matters that require a full trial such as murder and armed robbery

Sanctions

Penalities or other means of enforcing the law

Standard of Proof

Level of proof required in a case by assessing the evidence

Civil Law

Laws regulating the behaviour of individuals; a form of private law. Civil law applies when people (or companies) do "civil wrongs" against each other.

Magistrates Court

The ________ is the LOWEST COURT.
Civil Division: Has jurisdiction to hear civil claims under $75,000.
Criminal Division: deals with summary and 'either way' offences which carry maximum term of imprisonment is 3 years or less

High Court of Australia

HIGHEST court in Australia.
Original Jurisdiction: matters regarding the constitution and disputes between States.

Appellate Jurisdiction: Hears appeals from the original jurisdiction of the High Court, the Federal Court and the State Supreme Courts.

Role of the High Court

The functions of this court are to interpret and apply the law of Australia; to decide cases of special federal significance including challenges to the constitutional validity of laws and to hear appeals, by special leave, from Federal, State and Territory courts.

Role of the Supreme Court

This court is the State's highest court, with responsibility for both criminal and civil matters. It is also the State's main appeal court.

Role of the Magistrates Court

Deals with minor (the least serious) criminal offences. The magistrate decides if the accused is not guilty/guilty. If they plead not guilty and the matter goes to trial, there are no juries.

Defendant

An individual, company, or institution sued or accused in a court of law.

Appelant

person who files an appeal in a court of law.

Tort

A civil wrong where one person harms another person and the harm is not covered by criminal law. It is considered a civil misdeed requiring compensation.

Plaintiff

A person or party filing a lawsuit

Trial

a formal examination of evidence by a judge, typically before a jury, in order to decide guilt in a case of criminal or civil proceedings.

Magistrate

a civil officer who administers the law, especially one who conducts a court that deals with minor offences and holds preliminary hearings for more serious ones.

Jurisdiction

The extent of legal authority or power of the court to apply the law.

Murder

Intentionally or knowingly causes the death of an individual

Manslaughter

A crime, less severe than murder, involving the wrongful but unplanned or unintended killing of another person.

Grievous bodily harm

serious physical injury inflicted on a person by the deliberate action of another.

Prosecutor

The legal party or person who is responsible for presenting the case in a criminal trial against an individual accused of breaking the law.

Defence Counsel

A type of lawyer who represent and defend persons facing criminal charges.

Common Law

Law created from court decisions (precedents) as opposed to statutes enacted by legislature (parliament).