10 Business - Legal Studies

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Laws

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57 Terms

1

Laws

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

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2

Rules

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

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3

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

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4

Statutory interpretation

when judges interpret words in a law made by Parliament

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5

Common law

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

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6

Statute law

Laws made and passed by parliament

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7

Defendant

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

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8

Prosecutor

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

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9

Defence counsel

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

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10

plaintiff

the party that commences a civil action

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11

Adversarial system

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

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12

Balance of probabilities

The standard of proof in civil trials

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13

court

a place where people can resolve disputes relating to law

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14

Criminal law

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

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15

magistrate

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

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16

appeal

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

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17

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

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18

bail

to release an accused person who is awaiting trial

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19

Beyond reasonable doubt

the standard of proof required in a criminal trial

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20

Capital punishment

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

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21

charge

a formal allegation that a person has committed an offence

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22

Civil law

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

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23

Codified

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

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24

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

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25

conciliation

similar to mediation except the conciliator can suggest possible solutions

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26

constitution

a document that outlines the powers of the parliament

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27

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

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28

contract

a legally binding agreement

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29

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

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30

democracy

a system of government where political power lies with the people

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31

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

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32

Double dissolution

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

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33

evidence

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

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34

Federal parliament

the House of Representatives and the Senate

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35

Grievance procedures

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

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36

House of representatives

the lower house of Federal Parliament, sometimes called the people’s house

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37

Hung parliament

a situation where no political party has a majority of elected members in parliament

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38

Independent

A candidate or member of parliament who is not a member of a political party

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39

Indictable offence

a serious criminal offence

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40

Judge

a court official who has the power to make decisions on matters brought before a court of law

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41

Judiciary

the system of courts that interprets and applies the law in a country

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42

jury

a group of people (either 12 or six) selected to hear the evidence in a court case

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43

mediation

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

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44

Minority government

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

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45

Negotiation

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

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46

Non-parole

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

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47

oath

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

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48

parole

to release a prisoner on the promise of good behaviour

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49

negligence

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

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50

defamation

where a person injures another person’s reputation

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51

nuisance

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

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52

trespass

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

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53

torts

Relates to wrongs against a person

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54

Contract law

Failure of a party in a contract to keep agreed obligation

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55

offer

A proposal

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56

Acceptance

when the offeree agrees to the proposal

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57

consideration

the giving up of something of value

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