Studied by 23 peopleLaws
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
Note
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