Legal Studies Key Concepts and Vocabulary

Comprehensive vocabulary flashcards covering key concepts from statutory law, common law, criminal law, civil law, customary law, and landmark court cases.

Statute Law

Laws made and passed by State and Federal parliament through the parliamentary process, applying to everyone in the area governed by parliament.

First Reading

The stage in the parliamentary process where a bill is introduced to Parliament.

Second Reading

The stage of a bill where its purpose and reasons are explained to Parliament.

Consideration in Detail

The parliamentary stage where a bill is discussed and amended.

Third Reading

The stage where a bill is voted on in Parliament.

Upper House Review

The stage in the legislative process where a bill is reviewed and approved by the upper house before receiving Royal Assent.

Royal Assent

Official approval given to a bill by the Governor-General or Governor, officially turning the bill into a law.

Common Law

Law created in courts by judges making rulings on cases not covered by statutory law, developed over time.

Precedent

A previous court decision that guides future similar cases.

Criminal Law

Law regarding an act or omission against society, prosecuted by the state or government on behalf of society.

Burden of Proof (Criminal Law)

The requirement that the prosecution must prove the accused committed the offence.

Standard of Proof (Criminal Law)

Beyond reasonable doubt.

Criminal Responsibility of Youth

The principle that young people can be held accountable for offences, subject to special laws and courts that account for their age.

Civil Law

Law dealing with disputes between two parties (such as individuals, companies, or governments), usually to fix the situation or provide compensation.

Burden of Proof (Civil Law)

The requirement that the plaintiff must prove the defendant is responsible for the harm or loss.

Standard of Proof (Civil Law)

Balance of probabilities, meaning the plaintiff's version of events is more likely than not to be true.

Family Law

A branch of civil law dealing with disputes involving family relationships.

Contract Law

A branch of civil law governing legally binding agreements between parties.

Tort Law

A branch of civil law dealing with a breach of duty, occurring when an individual breaches the civil right of another.

Negligence

Careless action or failure to take care of responsibilities, resulting in damage, loss, or injury to another person.

Defamation

A civil law action concerning conduct or publication that damages someone's reputation.

Nuisance

A civil law issue involving unreasonable land interference.

Trespass

A civil law breach involving unauthorised property interference.

Customary Law

Laws based on the customs and traditions of a particular community.

Avoidance

A dispute resolution method in customary law that involves moving your camp.

Mediation by Kin

A customary law dispute resolution method using the whole community to help guide people back to the right path.

Physical Violence (Customary Law)

A structured customary law dispute resolution method used to settle a serious issue once and for all.

Rights

Things people are entitled to.

Responsibilities

Things people are expected to do.

Donoghue v Stevenson (1932)

A key civil law case where Mrs Donoghue found a snail in her ginger beer and sued the manufacturer, establishing that manufacturers owe a duty of care to consumers.

Defence in Donoghue v Stevenson

The argument by the manufacturer that he owed no duty of care because the consumer had not purchased the drink directly from him.

Neighbour Principle

A legal principle established in Donoghue v Stevenson stating that people must take reasonable care to avoid harming people who could be closely and directly affected by their actions.

Wilson v Bauer Media

A defamation case where Rebel Wilson sued Bauer Media for false claims; she initially won $4.5 million, but an appeal reduced the payout to $600,000 on economic-loss grounds.

Crimes Against a Person

Offences involving physical harm or threat of harm to individuals, such as homicide, assault, and sexual assault.

Crimes Against the Justice System

Offences that interfere with legal proceedings or administration, such as perjury and contempt of court.

Crimes Against the State

Offences directed against the government or nation's security, such as treason.

Crimes Against Property

Offences involving interference with or damage to another person's possessions or real estate, such as robbery, vandalism, and arson.

Crimes Against Public Standards

Offences that violate accepted community standards of public behavior, such as indecent exposure and illegal drug use.

Damages

Financial compensation awarded by a civil court to remedy loss or harm caused to a plaintiff.

Defence in Wilson v Bauer Media

The publisher's argument that their information came from a reliable source who attended school with the actress and that the statements were true.

Summary Offences

Minor criminal offences that are typically heard and decided by a magistrate in a lower court without a jury.

Indictable Offences

Serious criminal offences that are tried before a judge and jury in a higher court.

Prosecution

The party representing the state or government in a criminal proceeding, responsible for proving the guilt of the accused.

Plaintiff

The party who initiates a civil lawsuit seeking legal remedy or compensation for harm or loss.

Defendant

The party accused of a crime in a criminal case, or sued for damages or relief in a civil case.

Duty of Care

A legal obligation requiring individuals and organisations to take reasonable care to avoid causing foreseeable harm to others.