Year 10 Commerce Revision: Law, Courts, and Government

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Vocabulary practice flashcards covering Year 10 Commerce revision topics including legal classifications, court hierarchy, legal personnel, law-making, customary law, law reform, levels of government, the separation of powers, and referendums.

36 Terms

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Private Law

The area of law that deals with disputes and legal relationships between private individuals.

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Public Law

The area of law that concerns public safety, the relationship between governments and people, and matters between the state and the public.

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Contact Dispute

A legal disagreement about an agreement.

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Negligence

Failing to take reasonable care, causing harm or loss to an individual.

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Defamation

Making a false statement that damages another person’s reputation.

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Property Dispute

A disagreement over the ownership or usage of land.

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Criminal Law

The branch of public law that deals with offences against the law and prosecution by the state.

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Constitutional Law

The area of public law that concerns the constitution and the powers of the government.

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Administrative Law

The area of public law concerning the decisions and actions of government bodies and officials.

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Beyond Reasonable Doubt

The standard of proof required in a criminal case, where the state prosecutes the accused.

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Balance of Probabilities

The standard of proof required in a civil case, where one party brings an action against another.

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Local Court

The court where most criminal matters are heard initially and cases are heard by a magistrate.

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District Court

The intermediate court that hears more serious criminal matters.

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Supreme Court

The superior court that hears major civil matters and the most serious criminal matters.

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High Court

The highest court in Australia, dealing with matters such as the constitutional validity of Commonwealth legislation.

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Precedent

A court decision that acts as an authority or guide for deciding later cases with similar facts or legal questions that lower courts must follow.

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Royal Assent

The formal approval given to a bill by the Governor-General acting on behalf of the Crown, which allows it to become an Act.

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Judge

A judicial officer who oversees court proceedings and makes decisions on the law.

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Magistrate

A judicial officer who hears cases in the Local Court.

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Jury

A panel of 12 people who decide questions of fact in a court trial.

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Court Officer

A court official who assists with the operation of the courtroom.

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Registrar

A court official who manages court records and administrative matters.

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Sheriff’s Officer

A court official who assists with court security and jury duties.

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Plaintiff

The party who initiates and brings a civil claim to court.

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Accused / Defendant

The person facing a criminal charge or defending against a civil claim.

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Prosecutor

The legal representative who presents the criminal case in court on behalf of the State.

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Customary Law

A system of unwritten, traditional rules, practices, and community norms that a social or indigenous group accepts as binding law.

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Law Reform

The process of examining, updating, changing, or repealing existing laws to ensure they reflect modern community values, technological advancements, and standards of justice.

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Commonwealth Government

The federal level of government in Australia responsible for national matters such as defense and immigration.

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State/Territory Government

The regional level of government in Australia responsible for services such as healthcare and police.

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Local Government

The local level of government responsible for community services such as rubbish collection and local parks.

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Separation of Power

The division of government power into branches to prevent concentration of power in one group, provide checks and balances, and protect democratic rights and the rule of law.

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Legislative Branch

The arm of government consisting of Parliament whose main function is to make laws.

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Executive Branch

The arm of government consisting of the Government including the Prime Minister and ministers, whose main function is to administer and implement laws.

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Judicial Branch

The arm of government consisting of the Courts, whose main function is to interpret and apply the law.

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Referendum

A national vote to change the constitution that requires more than 50%50\% of the national vote and a 'YES' majority in at least 4 out of 6 states.