LEGAL SYSTEM

TERM 1

Law

A set if rules imposed on all members of a community which are officially recognised, binding and enforceable by persons or organisations such as the police and/or courts

Values

Principles, standards, or qualities considered worthwhile or desirable within a society

Rules

Regulations or principles governing procedure or controlling conduct

Customs

Collective habits or traditions that have developed in a society over a long period of time

Customary law

Principles and procedures that have developed according to the customs of a people or nation, or groups of nations, and are treated as obligatory

Nation-state

A politically independent country

Ethics

Rules or standards governing the conduct of a person or the members of a profession

Justice

The legal principle of upholding generally accepted rights and enforcing responsibilities, ensuring that equal outcomes are achieved for those involved

Legal System

The system of courts, prosecutors and police in a country

Equality

The state or quality of being equal, that is, of having the same rights or status

Fairness

Free from bias, dishonesty, or injustice; a concept commonly related to everyday activities

Doli incapax

A Latin term meaning "incapable of wrong"; the presumption that a child under 10 years of age cannot be held legally responsible for his or her actions and cannot be guilty of a criminal or civil offence

Access

The right or opportunity to make use of something

Procedural fairness/ natural justice

The body of principles used to ensure the fairness and justice of the decision-making procedures of courts; in Australia it generally refers to the right to present your case, the right to freedom from bias by decision-makers, and the right to a decision based on logically relevant evidence

Rule of law

The principle that no one is above the law; the most important application of the rule of law is that governmental authority is exercised in accordance with written, publicly disclosed laws that are adopted and enforced in accordance with established procedural steps (due process)

Sanction

A penalty or punishment imposed for breaking the law

Anarchy

The absence of laws and government

Tyranny

Rule by a single leader holding absolute power in a nation-state

Common law

Law made by courts; historically, law common to England

Statue law

Law made by parliament

Adversarial system

A system of resolving legal conflicts, used in common law countries such as England and Australia, that relies on the skill of representatives for each side (e.g. Defence and prosecution lawyers) who present their cases to an impartial decision-maker

Inquisitorial system

A legal system where the court or a part of court (e.g. The judge) is actively involved in conducting the trial and determining what questions to ask; used in some countries with civil legal systems as opposed to common law systems

Courts of equity

Historically, courts whose decisions were more discretionary and based on moral principles, and which served as an antidote to the inflexibility of the common law

Equity

The body of law that supplements the common law and corrects injustice by judging each case on its merits and applying principles of fairness

Precedent

A judgement that is authority for a legal principle, and that serves to provide guidance for deciding cases that have similar facts

Stare decisis

A Latin term meaning "the decision stands"; a doctrine that a decision must be followed by all lower courts

Ratio decidendi

(Latin) the legal reason for a judge's decision

Obiter dicta

(Latin) comments from a judge in a case that are not directly relevant to the case, and therefore not legally binding (singular: obiter dictum)

Jurisdiction

The powers of a court, depending on its geographic area, the type of matters that can be decided, and the type of remedies that can be sought

Defamation

The act of making statements or suggestions that harm someone's reputation in the community

Appeal

An application to have a higher court reconsider a lower court's decision, on the basis of an error of law

Summary offences

Criminal offences that can be dealt with by a single judge without a jury and do not require a preliminary hearing

Indictable offences

Serious criminal offences that require an indictment (a formal, written charge) and a preliminary hearing; they are typically tried before a judge and jury and are subject to a greater penalty

Committal hearings

Inquiries held in the Local or Magistrates' Court to determine whether there is enough evidence against the defendant to warrant a trial in a higher court (this is called establishing a Prima facie case)

Coronial inquests

Investigations into deaths that have occurred in unusual circumstances, held in the Coroner's Court and overseen by a magistrate called the Coroner

Larceny

Taking another person's property with intent to permanently deprive the owner of the property; also known as stealing

Appellate jurisdiction

The ability or power of a court to hear appeals of the decision of lower courts and to reject, affirm or modify those decisions

Corporations law

Legislation that regulates corporations and the securities and futures industry in Australia; it is administered by the Australian Securities and Investments Commission (ASIC)

Bicameral

Containing two chambers or houses of parliament

Bill

A drafted law that has not yet been passed by parliament

Delegated legislation

Laws made by authorities other than parliament, who are delegated the power to do this by an act of parliament

Act of parliament

Statue law, resulting from a bill successfully passing through parliament and gaining Royal assent

Federation

The process of uniting several states to form a single national government

Referendum

The referral of a particular issue to the electorate for a vote

S

Abbreviation for 'section' of any legislation; 'ss' is abbreviation for 'sections'

Legislative powers

The legals power or capacity to make laws

Concurrent powers

Existing at the same power; powers held by both state and federal parliaments

Exclusive powers

Powers that can be exercised only by the federal parliament

Residual powers

Those remaining matters on which the states can legislate, which are no referred to in the Constitution

Civil liberties

Basic individual rights, such as freedom of speech and religion, which are protected by law

Origins jurisdiction

The ability or power of a court to hear a case in the first instance

Prohibition

A court order that forbids a lower level court from hearing or taking further action in a case or matter

R

'R' at the beginning of a case name refers to Regina (Latin for 'Queen'). Since Australia is a constitutional monarchy this refers to our head of state on whose behalf the prosecution case is run. When the head of state is a male, as was the case in 1935, the 'R' stands for Rex, which is Latin for 'King'.

Special leave

Where the High Court grants approval for the case to go before it on appellate jurisdiction

Jurisdiction

The power of a court to rule on a question

Public Law

The body of law governing relationships between individuals and the state, and the structure and operation of government itself (e.g. Criminal, administrative, and constitutional law)

Private law

The body of law governing relationships between individuals (e.g. Contract laws, torts, family laws and property law)

Civil jurisdiction

The power of a court to hear matters involving disputes between private individuals, and to award civil remedies

Injunction

A court order requiring an individual or organisation to perform, or (more commonly) not to perform a particular action

Prosecutor

The person formally conducting legal proceedings against com one accused of a criminal offence; the prosecutor acts on behalf of the state or the Crown

Defendant

The person who is accused of a crime or a civil wrong; in a criminal case, the defendant is also referred to as the accused

The state

A term that is used to refer to the government and the people that it governs

Standard of proof

The degree or level of proof required in order for the plaintiff (in a civil case) or the prosecution (in a criminal case) to prove their case

Beyond reasonable doubt

The standard of proof required in a criminal case in order for the prosecution (the state) to obtain a conviction against the accused

Jury

A group of people who listen to all of the evidence in a court case and decide on the verdict

Cross-examination

Questioning a witness called by the other side, to produce information relevant to one's case or to call the witness's credibility into question

Credibility

Trustworthiness, reliability, believability

Social values

Ethical standards that guide people in their thinking about aspects of their society

Public morality

Standards of behaviour generally agreed upon by the community

De facto relationship

(From Latin term meaning "existing in fact"): a relationship between two adults who are not married but are living together as a couple

Capital punishment

The practice of sentencing a person to death by judicial process; also referred to as the 'death penalty'

Apprehended Domestic Violence Order (ADVO)

A court order used for the protection of a person involved in an intimate, spousal or de facto relationship

Forensic

Related to the detection and investigation of crime

Identity theft

Obtaining or using the identity of another person in order to commit a range of fraudulent activities, usually to obtain financial gain

Fraud

A dishonest act, done intentionally in order to deceive

Hung jury

A jury that is unable to reach agreement

Precedent

A Judgment that is authority for a legal principle, and that serves to provide guidance for deciding cases that have similar facts

Sexual assault

A general term for criminal offences involving unwanted sexual contact; acts include unwanted touching or groping, indecent acts of other kinds, and rape

Complainant

A person alleging that a sexual assault has been committed again him or her