Studied by 2 people
absolute majority
half the number of formal votes received in an election plus one
access
equal opportunity for all people to make use of the legal system
adversarial system
system in which two opposing parties present their arguments to a magistrate or judge
anarchy
disorder or confusion due to the absence of government or laws
appeal
an application for a legal decision to be reviewed in a higher court
bail
to release an accused person who is awaiting trial
balance of power
the power an individual or party has by holding the casting vote
balance of probabilities
the standard of proof in civil trials
ballot paper
a piece of paper on which a voter records her or his vote
beyond reasonable doubt
the standard of proof required in a criminal trial
Cabinet
the group of select government ministers that meets regularly to decide major issues of government
coalition
a government that becomes possible because two or more parties agree to work together and hence gain the majority of votes
committal hearing
a hearing in a Local Court to decide whether there is enough evidence to put a person on trial for an indictable (serious) offence
common law
system of law based on the previous decisions of judges, or precedents
constitution
a document that outlines the powers of the parliament
constitutional monarchy
a form of government in which a non-elected monarch acts as the head of state. There are usually constitutional limits on their power
court
a place where people can resolve disputes relating to law
defendant
the party in a criminal or civil trial against whom an action has been brought
democracy
a system of government where political power lies with the people
discriminate
to treat somebody differently or less favourably because of her or his personal characteristics such as gender, ethnicity or religion
Dorothy Dixer
a rehearsed question asked of a government Minister by a backbencher of their own political party
double dissolution
a decision made by the head of state to dissolve both houses of parliament
Federation
the colonies (now states) agreed to join together to form Australia
Federal Parliament
the House of Representatives and the Senate
formal vote
a vote that has been correctly marked on a ballot paper in accordance with the rules
hierarchy
a grading system based on order of importance
House of Representatives
the lower house of Federal Parliament, sometimes called the people's house
hung parliament
a situation where no political party has a majority of elected members in parliament
independent
a candidate or member of parliament who is not a member of a political party
indictable offence
a serious criminal offence
judge
a court official who has the power to make decisions on matters brought before a court of law
judiciary
the system of courts that interprets and applies the law in a country
jury
a group of people (either 12 or six) selected to hear the evidence in a court case
kinship
traditional indigenous rules that outline the correct way of living
laws
a set of legal rules
lobby
to attempt to enlist popular and political support for some particular cause
magistrate
a court official who hears cases in the lowest court of law
minority government
a political party does not have a majority of overall seats in the parliament but they have still formed a government
non-parole
a set period of time a prisoner must serve before they can be released on the promise of good behaviour
parole
to release a prisoner on the promise of good behaviour
plaintiff
the party that commences a civil action
portfolio
an area of government responsibility, such as health or defence
precedent
a previous legal decision that serves as a rule or pattern in future cases
preferences
order in which voters list candidates at an election, after they have made their first choice
preferential system
a counting system that is designed to allow the majority of Australians to have their say in an election by stating the order in which they prefer candidates
private law
deals with disputes between private citizens
private member's bill
a bill that is introduced by backbenchers as opposed to coming from the government
proportional representation
when each senator must win a set proportion of votes, or quota, to win a Senate seat
prosecutor
the party bringing a criminal action against the accused; usually the state
public law
deals with disputes that affect the community
quota
the number of votes that a Senate candidate must get to win a Senate seat
referendum
a vote where the entire electorate is invited to vote on a particular proposal
Senate
the upper house of the Federal Parliament, sometimes called the State's House
separation of powers
the functions of government are spread across the legislative, executive and the judiciary.
statute law
laws made by parliaments
sue
to bring a civil action against another person for causing damage or injury
tort
a civil wrong
trial
a process to determine whether someone committed a criminal act or caused another person
Note
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