civics n shi

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16 Terms

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Appeal

A request for review of a decision by a higher court, made by a litigant who is unsuccessful with a court judgment and has reason for a case to be reheard

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Committal hearing

A hearing held in the Magistrates Court where the prosecution must present the evidence brief against the accused to ensure there is a case to answer for and so that a plea can be entered

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Jurisdiction

The power or authority of a court to hear a particular type of legal dispute, such as the Supreme Court hearing cases where life imprisonment can be a punishment

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Precedent

A previous case used as a guide for making a decision when similar circumstances arise

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Criminal law

Laws to protect the general public from harm and relates to a crime

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The accused

A person facing charges in a criminal court

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The defendant

A person facing civil action in a civil proceeding

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Summary offence

A minor offence heard and determined in the lower courts, such as common assault

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Indictable offence

A serious offence heard before a judge and jury, such as murder

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Laws

Formal legal rules that are designed to govern the way in which people behave and act so we can all live together in a peaceful and united society

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Jury

A group of people who are required to decide on a guilty or not guilty verdict for a case

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Balance of Probabilities

A principle used when judging civil law cases; the judge decides which side is more likely

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Beyond Reasonable Doubt

The standard of proof required in a criminal case; if there is any chance that the accused is innocent, they cannot be found guilty

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Burden of proof

The party that must prove their case in a legal dispute. In a criminal case the burden of proof lies with the prosecution whereas in a civil case it is with the plaintiff

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Standard of proof

The level of proof required in a legal dispute. In a criminal case the standard of proof is beyond reasonable doubt whereas in a civil case it is on the balance of probabilities

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