Australian Legal Fundamentals and Principles of Justice

Vocabulary practice cards covering the fundamentals of the Australian legal system, including criminal and civil law distinctions, the jury system, and court hierarchy.

Law

Rules made by a legal authority that are enforceable by the police and other agencies.

Prosecution

The group of people responsible for conducting legal proceedings against a person in respect of a criminal charge; they act on behalf of the king.

Presumption of innocence

The idea that a person is to be considered innocent of a crime unless their guilt can be proven beyond all reasonable doubt.

Burden of proof

The party in a trail responsible for proving the case (prosecution for criminal and plaintiff for civil).

Standard of proof

The degree to which a case must be proven (‘beyond all reasonable doubt’ for criminal and ‘on the balance of probabilities’ for civil).

Society

A group of people living together in a structured and ordered community.

Justice

The principle that people should be afforded what they deserve.

Legal Rules

A body of law drawn from Statute, Regulations, subordinate legislation, and common law.

Social Cohesion

The set of bonds that holds a community together through a shared willingness of members to cooperate for survival, prosperity, and the improve the society as a whole.

Fairness

Impartial and just treatment or behaviour without favouritism or discrimination.

Access

The principle that all people should be able to make use of the legal system.

Equality

The principle that all people should be treated the same before the law regardless of wealth, age, sex, race, etc.

Age of criminal responsibility

The minimum age in which a person can be prosecuted for a crime, which is $10$ years old in Australia.

Sanction

A punishment placed on a person for committing a criminal offence (a sentence).

Summary Offence

A lessor offence which can be heard in the Magistrates Court, such as graffiti.

Indictable Offence

A Serious Offence which must be heard in the County or Supreme Court, such as murder.

Community Corrections Order

A criminal sanction requiring a person to comply with one or more court imposed conditions typically resulting in community service.

Fine

A criminal sanction requiring a person to pay a sum of money to the court as retribution for a criminal offence.

Civil Law

The body of law in Australia dealing with disputes between two or more private parties.

Criminal Law

The body of law in Australia dealing with crimes – acts that harm society and are punishable by the state.

Plaintiff

The wronged party in a civil case who brings the action forth.

Defendant

The party in a civil case who is alleged to have caused a civil wrong.

Remedy

Retribution given to a plaintiff in order to restore them to the position they would have been in had the civil wrong not occurred.

Original Jurisdiction

A court’s ability to hear a case for the first time.

Appellate Jurisdiction

A court’s ability to hear a case from a lower court when a mistake has been made in that court leading to an unjust decision.

Precedent

The concept that a court should apply the same reasoning to cases with similar facts to those that have already been decided.

Jury

A group of citizens ($12$ for criminal and $6$ for civil) who hear evidence in a court case and make a verdict based on their findings.

Breach (Civil)

When a person or company (the defendant) has failed to abide by a civil law, such as in contract law or negligence.

Causation

The element where the defendant’s actions or inactions caused a loss to the plaintiff.

Loss

The financial, harm, or injury suffered by a plaintiff in a civil dispute.

Damages

A sum of money paid to the plaintiff by the defendant to make up for their loss.

Injunction

An order from the court forcing the defendant to stop any action which would constitute a civil wrong.

Specific performance

An order from the court requiring the defendant to take a specific action or behave in a certain way towards the plaintiff.

Administrative efficiency

A reason for court hierarchy that prevents overloading by sending quick, easy cases to one court and long cases to another.

Specialisation

A reason for court hierarchy allowing judges to focus on and become experts in specific areas of law.

Doctrine of Precedent

The requirement that lower courts follow decisions of higher courts to make rulings consistent and certain.

Appeals

A feature of the court hierarchy allowing a trial to be reviewed by a higher court if a judge made a mistake.

High Court of Australia

The court established by Chapter III of the Australian Constitution, consisting of $7$ Judges and maintaining judicial supremacy.