legal year 10

Hierarchy

A system of authority involving ascending ranks.

Jurisdiction

The range and extent of the power and authority of a legal body, such as a court, limited by geography or subject matter.

Committal hearing

A preliminary hearing held in the Magistrates' Court to determine if there is sufficient evidence for a case to go to trial.

Bail

Legal permission for a person charged with a crime to be released from custody, usually under strict conditions.

Precedent

A legal principle established in a previous case that must be followed by lower courts in future cases.

Appellate function

The authority of a court to hear appeals from lower courts.

Indictable offenses

Serious criminal offenses that typically require a trial by jury.

Summary offenses

Less serious criminal offenses, often handled in the Magistrates' Court without a jury.

Civil cases

Legal disputes between individuals or entities, typically involving monetary compensation.

Criminal cases

Legal proceedings against individuals accused of committing crimes.

Sentencing

The judicial process in which a judge determines the punishment for a convicted offender.

Sentencing Advisory Council

A body responsible for overseeing and advising on sentencing practices in a legal jurisdiction.

Purposes of Sentencing

The reasons for which a sentence can be imposed, including just punishment, deterrence, denunciation, rehabilitation, and community protection.

Principles of Sentencing

Guidelines judges must follow, including parsimony, proportionality, parity, and totality.

Cumulative Sentence

A sentencing approach where multiple sentences for different crimes are served one after the other.

Concurrent Sentence

A sentencing approach where multiple sentences for different crimes are served at the same time.

Victim Impact Statement

A statement made by the victim detailing the impact of the crime on their life, which can be presented in court.

Non-parole Period

The portion of a prison sentence that must be served in custody before a prisoner is eligible for parole.

Burglary

An offense involving unauthorized entry into a building with the intent to commit theft, assault, or damage.

Maximum Penalty for Burglary

The most severe punishment prescribed for burglary, which can be up to 10 years of imprisonment.

Aggravating Factors

Circumstances that increase the severity or culpability of a criminal act.

Mitigating Factors

Circumstances that decrease the severity or culpability of a criminal act.

Community Correction Order

A non-custodial sentence that allows offenders to serve their sentence in the community under supervision and with conditions.

Compensation Order

An order requiring an offender to pay restitution to the victim for damages caused by their crime.

Remorse

A feeling of regret or guilt for having committed a wrong or crime.

Culpability

The degree of blameworthiness or guilt assigned to an offender.

Effective Sentencing

A sentencing approach that balances the interests of the community, the victim, and the offender.

Standard Sentence

The typical or baseline sentence established for a particular offense, which guides judicial decision-making.

Sentencing Act 1991 (Vic)

Legislation outlining the framework for sentencing practices and principles in Victoria, Australia.

Total Effective Sentence (TES)

The total length of imprisonment for all offenses in a case, accounting for multiple sentences.

Correctional Authorities

The organizations responsible for overseeing offenders after sentencing, including prisons and parole boards.

Parliaments

Government bodies responsible for making laws, either State or Federal.

Court-made law

Also known as 'Common Law' or 'Judge-made law', refers to laws developed through court decisions.

Royal Assent

The formal approval given by the Governor General, making a law official and active.

Statutory Interpretation

The process by which judges interpret the wording of Parliament's statutes to apply them to specific cases.

Precedent

A legal principle established in a previous case that is binding on subsequent cases in lower courts.

Stare Decisis

A Latin term meaning 'to stand by things decided'; it refers to the doctrine that courts should follow precedents.

Summary Offences Act 1966

A piece of legislation in Victoria concerning minor offenses, including provisions related to public drunkenness.

Abrogate

To repeal or nullify a law or decision.

Codify

To organize and write down laws into a systematic code, making them easier to reference.

Interpretation of a statute

The judicial process of explaining the meaning of the language and provisions in a statute.

Statutory Interpretation

The process by which judges interpret the wording of a statute (law made by Parliament) to apply it to real-life scenarios.

Common Law

Law developed by judges through decisions in individual cases, as opposed to statutes enacted by legislatures.

Precedent

A legal decision or form of case law established by an earlier case that must be followed by lower courts in similar future cases.

Royal Assent

The formal approval given by the Governor General to a Bill passed by Parliament, making it an official law.

Abrogate

To repeal or annul a law or regulation.

Stare Decisis

The legal principle of adhering to precedent, meaning that courts must follow established case law in future cases.

Civil Law

The body of law dealing with the rights of private citizens, resolving disputes, and addressing grievances.

Criminal Law

The body of law that deals with crimes and their prosecution.

Magistrate

A civil officer who administers the law, especially by conducting court proceedings.

Hierarchy of Courts

The system that ranks courts from highest to lowest, affecting how legal precedent is applied.

High Court

The highest court in Australia, which decides on constitutional interpretation, hears appeals from state and territory supreme courts, and resolves disputes between states.

Federal Courts

Courts in Australia that include the High Court, the Federal Circuit and Family Court, and the Federal Court.

Native Title

A legal recognition that Indigenous Australians have rights to their land based on the continuous relationship with it, established by the Mabo decision.

Terra Nullius

The legal notion that Australia was unoccupied before European colonisation, which was abolished by the Mabo v Queensland (No. 2) case.

Convention on the Rights of the Child

An international treaty ratified by Australia, which the High Court considered in the case of Minister of State for Immigration and Ethnic Affairs v Ah Hin Teoh.

Eddie Mabo

A key figure in the landmark High Court case that led to the recognition of Indigenous land rights in Australia.

Native Title Act 1993

Legislation passed to create a national system for establishing and protecting Native Title in Australia.

Wik Peoples vs Queensland

A case that expanded the Native Title precedent, ruling that Native Title could coexist with statutory pastoral leases.

Legitimate Expectation

The principle that government decision-makers may have a duty to consider treaty obligations when making decisions, as established in the Teoh case.

Controversial Decision

A decision that provokes disagreement or criticism, such as the recognition of treaty provisions in Australian law in the Teoh case.

Universal Declaration of Human Rights (UDHR)

A declaration adopted by the UN General Assembly on December 10, 1948, recognizing the inherent dignity and equal rights of all members of the human family.

Treaty

An agreement between countries that can be legally binding if the countries intend for it to be binding.

Bilateral Treaty

A treaty between two countries.

Multilateral Treaty

A treaty involving three or more countries.

Declaration

An international agreement that is not necessarily legally binding, used for various international purposes.

Convention

A binding formal agreement between states or between states and non-state entities, such as the UN.

Preamble

The introductory statement in a legal document, outlining its purposes and principles.

Article 1 of the UDHR

States that all human beings are born free and equal in dignity and rights.

Article 2 of the UDHR

Guarantees that everyone is entitled to rights and freedoms without distinction of any kind.

Human Rights Abuses

Violations of the basic rights and freedoms to which all humans are entitled.

International Covenant on Civil and Political Rights

A key international human rights treaty that commits its parties to respect the civil and political rights of individuals.

International Covenant on Economic, Social and Cultural Rights

A covenant that ensures the protection and promotion of economic, social, and cultural rights.