Law, Society and Political Involvement

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