10 Business - Legal Studies

Laws

rules that all society are expected to abide by and are made and enforced by an authority

Rules

Regulate people’s behaviour and differ from groups of people (not enforced by an authority)

Legal precedent

The legal decision which sets a pattern for future similar cases. This leads to consistent outcomes for parties as they know how the law will be interpreted in the future

Statutory interpretation

when judges interpret words in a law made by Parliament

Common law

system of law based on the previous decisions of judges, or precedents

Statute law

Laws made and passed by parliament

Defendant

the party in a criminal or civil trial against whom an action has been brought

Prosecutor

the party bringing a criminal action against the accused; usually the state

Defence counsel

Aims to reduce the punishment for the defendant or prove they are not guilty

plaintiff

the party that commences a civil action

Adversarial system

System in which two opposing parties present their arguments to a magistrate or judge

Balance of probabilities

The standard of proof in civil trials

court

a place where people can resolve disputes relating to law

Criminal law

law involving cases where the parliament has declared some action to be illegal

magistrate

a court official who hears cases in the lowest court of law

appeal

an application for a legal decision to be reviewed in a higher court

arbitration

a method of resolving disputes whereby an impartial third party decides on a settlement arrangement that is then binding on the parties to the dispute

bail

to release an accused person who is awaiting trial

Beyond reasonable doubt

the standard of proof required in a criminal trial

Capital punishment

the practice of putting an offender to death as punishment for a crime

charge

a formal allegation that a person has committed an offence

Civil law

deals with non-criminal matters involving disputes between individuals and organisations

Codified

laws that have been collected and organised, usually in written form

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

conciliation

similar to mediation except the conciliator can suggest possible solutions

constitution

a document that outlines the powers of the parliament

Constitutional monarchy

form of government in which a non-elected monarch acts as the head of state. There are usually constitutional limits on their power

contract

a legally binding agreement

Customary law

comprehensive systems of governance in Aboriginal and Torres Strait Islander cultures, including ownership and custodianship, caring for Country/Place responsibilities, kinship, ceremonial duties, marriage and childcare, as well as sanctions and dispute resolution processes

democracy

a system of government where political power lies with the people

democratic

supporting democracy, or the system of government where supreme power is vested in the people and exercised directly by them or by their elected representatives under a free electoral system

Double dissolution

a decision made by the head of state to dissolve both houses of parliament

evidence

information presented that helps a court reach a decision in a case

Federal parliament

the House of Representatives and the Senate

Grievance procedures

A number of predetermined steps that are followed to resolve a dispute

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

mediation

when a third party helps those involved in a dispute to negotiate a solution acceptable to both sides

Minority government

a political party does not have a majority of overall seats in the parliament but they have still formed a government

Negotiation

a method of resolving disputes where the parties involved discuss the issues in an attempt to reach a compromise

Non-parole

a set period of time a prisoner must serve before they can be released on the promise of good behaviour

oath

a promise (in the legal system, a promise to tell the truth as a witness)

parole

to release a prisoner on the promise of good behaviour

negligence

where a person fails to take reasonable care and, as a result, injures another person

defamation

where a person injures another person’s reputation

nuisance

where a person causes unreasonable interference with another person’s right to quiet enjoyment of their property

trespass

where a person interferes with another person, or that person’s property rights.

torts

Relates to wrongs against a person

Contract law

Failure of a party in a contract to keep agreed obligation

offer

A proposal

Acceptance

when the offeree agrees to the proposal

consideration

the giving up of something of value