Chapter 8 - Legal Studies

Accused

a person charged with a criminal offence but who has not been found guilty or pleaded guilty

Burden of proof

the obligation (i.e. responsibility) of a party to prove a case. The burden of proof usually rests with the party who initiates the action (i.e. the plaintiff in a civil dispute and the prosecution in a criminal case)

Civil law

an area of law that defines the rights and responsibilities of individuals, groups and organisations in society and regulates private disputes

Common law

law made by judges through decisions made in cases; also known as case law or judge-made law (as opposed to statute law)

Criminal law

an area of law that defines behaviours and conduct that are prohibited (i.e. crimes) and outlines sanctions (i.e. penalties) for people who commit them

Damages

an amount of money that one party is ordered to pay to another party for loss or harm suffered. It is the most common remedy in a civil claim

Defendant

(in a civil case) a party who is alleged to have breached a civil law and who is being sued by a plaintiff

Indictable offence

a serious offence generally heard before a judge and a jury in the County Court or Supreme Court of Victoria

Jury

an independent group of people chosen at random to determine questions of fact in a trial and reach a decision (i.e. a verdict)

Plaintiff

(in a civil case) a party who makes a legal claim against another party (i.e. the defendant) in court

Precedent

a principle established in a legal case that should be followed by courts in later cases where the material facts are similar. Precedents can either be binding or persuasive

Presumption of innocence

the right of a person accused of a crime to be presumed not guilty unless proven otherwise

Remedy

any order made by a court (or a tribunal) designed to address a civil wrong or a breach. A remedy should provide a legal solution for the plaintiff for a breach of the civil law by the defendant

Rule of law

the principle that everyone in society is bound by law and must obey the law, and that laws should be fair and clear, so people are willing and able to obey them

Sanction

a penalty (e.g. a fine or prison sentence) imposed by a court on a person guilty of a criminal offence

Standard of proof

the degree or extent to which a case must be proved in court

Statute law

law made by parliament; also known as Acts of Parliament or legislation (as opposed to common law)

Statutory interpretation

the process by which judges give meaning to the words or phrases in an Act of Parliament (i.e. a statute) so it can be applied to resolve the case before them

Summary offence

a minor offence generally heard in the Magistrates' Court

Laws

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

Parliament

a formal assembly of representatives of the people that is elected by the people and gathers to make laws

Social cohesion

a term used to describe the willingness of members of a society to cooperate with each other in order to survive and prosper

Sanction

a penalty [e.g. a fine or prison sentence] imposed by a court on a person guilty of a criminal offence

Fine

a sanction that requires the offender to pay an amount of money to the state

Imprisonment

a sanction that involves removing the offender from society for a stated period of time and placing them in prison

Statute law

law made by parliament; also known as Acts of Parliament or legislation [as opposed to common law]

Bicameral parliament

a parliament with two houses (also called chambers). In the Commonwealth Parliament, the two houses are the Senate (upper house) and the House of Representatives (lower house). In the Victorian Parliament, the two houses are the Legislative Council (upper house) and the Legislative Assembly (lower house)

Royal assent

the formal signing and approval of a bill by the Governor-General [at the Commonwealth level] or a governor [at the state level] after which the bill becomes an Act of Parliament [also known as a statute]

Common law

law made by judges through decisions made in cases; also known as case law or judge-made law [as opposed to statute law]

Court hierarchy

the ranking of courts from lowest to highest according to the seriousness and complexity of the matters they deal with

Statutory interpretation

the process by which judges give meaning to the words or phrases in an Act of Parliament (i.e. a statute) so it can be applied to resolve the case before them

Precedent

a principle established in a legal case that should be followed by courts in later cases where the material facts are similar. Precedents can either be binding or persuasive

Rule of law

the principle that everyone in society is bound by law and must obey the law, and that laws should be fair and clear, so people are willing and able to obey them

Breach

the breaking of or failure to fulfil or comply with a duty or obligation

Criminal law

an area of law that defines behaviours and conduct that are prohibited (i.e. crimes) and outlines sanctions (i.e. penalties) for people who commit them

Crime

an act (i.e. undertaking an action) or omission (i.e. failing to undertake an action) that is against an existing law, harmful both to an individual and to society, and punishable by law (by the state)

Accused

a person charged with a criminal offence but who has not been found guilty or pleaded guilty

Prosecution

the party that institutes criminal proceedings against an accused on behalf of the state. The prosecution team includes the prosecutor

Presumption of innocence

the right of a person accused of a crime to be presumed not guilty unless proven otherwise

Burden of proof

the obligation (i.e. responsibility) of a party to prove a case. The burden of proof usually rests with the party who initiates the action (i.e. the plaintiff in a civil dispute and the prosecution in a criminal case)

Standard of proof

the degree or extent to which a case must be proved in court

Beyond reasonable doubt

the standard of proof in criminal cases. This requires the prosecution to prove there is no reasonable doubt that the accused committed the offence

Balance of probabilities

the standard of proof in civil disputes. This requires the plaintiff to establish that it is more probable (i.e. likely) than not that their claim is true

Summary offence

a minor offence generally heard in the Magistrates' Court

Indictable offence

a serious offence generally heard before a judge and a jury in the County Court or Supreme Court of Victoria

Jury

an independent group of people chosen at random to determine questions of fact in a trial and reach a decision [i.e. a verdict]

Indictable offence heard and determined summarily

a serious offence that is dealt with as a summary offence if the court and the accused agree

Community correction order (CCO)

a flexible, non-custodial sanction (one that does not involve a prison sentence) that the offender serves in the community, with conditions attached to the order

Civil law

an area of law that defines the rights and responsibilities of individuals, groups and organisations in society and regulates private disputes

Remedy

any order made by a court (or a tribunal) designed to address a civil wrong or a breach. A remedy should provide a legal solution for the plaintiff for a breach of the civil law by the defendant

Plaintiff

(in a civil case) the party who makes a legal claim against another party (i.e. the defendant) in court

Damages

an amount of money that one party is ordered to pay to another party for loss or harm suffered. It is the most common remedy in a civil claim

Assault

the intentional or reckless use of force against another person without a lawful excuse (also extends to other types of assault-related offences)

Defendant

(in a civil case) a party who is alleged to have breached a civil law and who is being sued by a plaintiff