all units legal

Australian Constitution

a set of rules and principles that guide the way Australia is governed. Commonwealth of Australia Constitution Act 1900 (UK)

bicameral parliament

a parliament with two houses (also called chambers). In the Australian 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)

bill of rights

a document that sets out the basic rights and/or freedoms of the citizens in a particular country

bona fide agreement

genuine (though noting that it would be difficult to agree that Australia's agreement to sign and give effect to a treaty is disingenuous

concurrent powers

law-making powers that are shared by the Commonwealth and the state parliaments

constitutional monarchy

a system of government in which a monarch is the head of state and a parliament makes the laws under the terms of a constitution

constitution

a set of rules that establishes the nature, functions and limits of the government

exclusive powers

law-making powers that are held by only the Commonwealth Parliament, and only that parliament can create laws in these areas (the states cannot create law in these areas)

double majority

a voting system that requires a national majority of all voters in Australia and a majority of electors in a majority of states (i.e. four states). Required for a change to be made to the Australian Constitution at a referendum

federation of Australia

the union of sovereign states that gave up some of their powers to a central authority to form Australia

Governor General

the chief representative of the Crown at a federal level who grants and withholds royal assent and appoints the executive council

Governor

the chief representative of the Crown at a state level who grants and withholds royal assent and appoints the executive council

House of Representatives

the lower house of the Commonwealth Parliament. That initiates and make laws, determines government, provides responsible government, represent the person, publiscise and scutinise government administrative, control government expenditure and act as a house of review. Determines government 76/115, with a 3 year of term.

international declarations

a non-binding agreement between countries that sets out the aspirations of the parties to the agreement

jurisdiction

the lawful authority or power of a court, tribunal or other dispute resolution body to decide legal cases

law-making powers

Powers or authority given to parliament to make laws in certain areas

law reform

the process of constantly updating and changing the law so it remains relevant and effective

Legislative Council

The upper house of Victorian parliament. That acts as a house of review, initiates and make laws and examines bills through its committees. Represents 8 regions with 5 seats each, with a 4 year term.

Legislative Assembly

The lower house of the Victorian parliament. That provides representative government, initiate and make laws, acts as a house of review and controls government expenditure. Determines government 45/88, with a 4 year term.

parliament

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

preamble

the introductory part of a statute that outlines its purposes and aims

ratification

confirmation by a nation's parliament of its approval of an international treaty signed by its government. The parliament expressly passes legislation that requires it by law to adopt the various rights and responsibilities set out in the treaty

referendum

the method used for changing the wording of the Australian Constitution. Requires a proposal to be approved by the Australian people in a public votes by double majority

representative Democracy

a system of government in which citizens vote to elect people who will represent them in parliament, make laws and govern on their own behalf

residual powers

Law-making powers left with the states at the time of federation. The Commonwealth Parliament has no authority to make laws in these areas

royal assent

the formal signing and approval of a bill by the Governor-General (at the Commonwealth level) or the governor (at the state level) after which the bill becomes an Act of Parliament (i.e. a law)

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

rubber stamp

a term used to describe a situation in which the upper house of parliament automatically approves decisions made in the lower house of parliament because the government holds a majority of seats in both houses and its members vote along party lines

Senate

The upper house of the Commonwealth Parliament. Acts as a house of review, initiate and makes laws, acts as a state's house and scrtuinise bills through the committee process. Represents the states 12 for each state, 76 seats with a 6 year term

standing

the requirement that a litigant must be directly affected by the matter involved in the case for the court to be able to hear and determine the case, can challenge the law.

supreme law-making body

The body (i.e. the parliament) that has the final law-making power, meaning it can make or change any law within its power and pass legislation to abrogate common law

treason

the crime of betraying one's country, especially by attempting to overthrow the government

ultra vires

'beyond the powers'. A law made outside the powers of the parliament

Westminster system

a parliamentary system of government that developed in Brittan and upon which Australia's parliamentary system is modelled

Accessorial liability

a way in which a person can be found to be responsible or liable for the loss or harm suffered to another because they were directly or indirectly involved in causing the loss or harm

balance of probabilities

The standard of proof in civil disputes. This requires that the plaintiff to establish that it is more probable not that their version of the facts is correct

burden of proof

The onus one party has, to prove the facts of the case, lies with the party bringing fourth the claim typically the plaintiff unless a counterclaim is involved.

civil law

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

class action (representative proceedings)

A legal proceeding in which a group of people (7+) who have a claim based in similar or related facts bring that claim to court in the name of 1 person.

complaints body

an organisation established by parliament to resolve formal grievances made by an individual about the conduct of another party

court hierarchy

The ranking of courts from the lowest highest according to the complexity and size of the claims that they deal with

court services Victoria (CSV)

an independent body that provides services and facilities to Victoria's courts and VCAT

damages

An amount of money that the court (or tribunal) orders one party to pay to another party. It is the most common remedy in civil claims.

defendant

The party who is alleged to have infringed the rights of the plaintiff or caused wrongdoing

directions hearing

a pre-trial procedure at which the court gives instructions to the parties about time limits and the way the civil proceeding is to be conducted

disbursements

out-of-pocket expenses or fees (other than legal fees), incurred as part of a legal case. Include court, mediation and expert witness fees

discovery

A pre-trial procedure which requires the parties to list all the documents they have that are relevant to the case. Copies of these documents are typically provided to the other party.

exclusive jurisdiction

the lawful authority or power of a court, tribunal or other dispute resolution body to decide legal cases to the exclusion of all others

expert evidence

evidence (testimony) given by an independent expert about an era within their expertise

lay evidence

evidence (testimony) given by a layperson (an ordinary person) about the facts in dispute

injunction

a remedy in the form of a court order to do something or not to do something. Designed to prevent a person from doing harm or further harm

group member

members of a group who are a part of representative proceeding

lead plaintiff

the person made as the plaintiff in a proceeding who represent the group members

liability

legal responsibility for one's acts or omissions

limitation of actions

the restriction placed on the time within which a civil action can be commenced

negotiation

informal discussions between two or more parties in a dispute, aiming to come to an agreement about how to resolve the dispute

plaintiff

The party who commences a civil action who has had their rights infringed (also known as the aggrieved party)

pleadings

A pre-trial procedure during which documents are filed and exchanged between the plaintiff and defendant which state the claims and defenses in the dispute

pre-trial procedures

Various procedures that are undertaken before a dispute is ready for trial. Are typically mandatory or ordered by a judge.

remedy

any order made by the court designed to address a civil wrong or breach. A remedy should provide a legal solution for the plaintiff for a breach of the civil by the defendant (as much as possible) restore the plaintiff to their original position prior to the breach of their rights

review jurisdiction

the power of a body to consider a decision made by an agency or authority in order to either confirm, change or set aside that decision

standard of proof

The strength of evidence required to prove the case. The party with the burden of proof must prove the claim on the balance of probabilities

statement of claim

a document filed by the plaintiff in a civil case to notify the defendant of the nature, the cause of the claim and the remedy sought

sue

to take civil action against another person, claiming that they infringed some legal right of the plaintiff (or did some legal wrong that negatively affected the plaintiff)

terms of settlement

a document that sets out the terms on which the parties agree to resolve their dispute which reflects their agreement about how they'll resolve their dispute

tribunal

a dispute resolution body that resolves civil disputes and is intended to be less costly, more informal and a faster way to resolve disputes than courts

vicarious liability

access

The ability to approach and use and make use of the criminal justice system

accused

a person charged with a criminal offence

aggravating factors

circumstances or facts about the offender or an offence that lead to a more severe sentence or increase the seriousness of the offender's culbaility

aggregate

when multiple offences are grouped into one sentence

appeal

The application to have a higher court review a ruling made by a lower court

bail

the release of an accused person from custody on the condition that they will attend a court hearing to answer the charges

beyond reasonable doubt

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

burden of proof (criminal)

The onus of bringing forth proof to prove a case On the prosecution to prove there is no reasonable doubt that the accused committed the offence

committal proceedings/preliminary hearing

Decides whether there is sufficient evidence to support a conviction for the indictable offence charged before proceeding to a higher court

community corrections order (CCO)

A non-custodial sanction that the offender serves in the community, with conditions attached to the order

community Legal Centre (CLC)

an independent organisation that provides free legal services to people who are unable to pay for those services. Some are generalist and some are specialist CLCs

concurrent

type of sentence that runs at the same time as another sentence

Court Hierarchy

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

cumulative

a sentence served straight after another

denunciation

one purpose of a sanction, designed to demonstrate the community's disapproval of the offender's actions

deterrence

one purpose o a sanction, designed to discourage the offender and others in the community for committing similar offences

equality

uniform treatment before the court regardless of personal characteristics

fairness

impartial and just treatment requiring fair processes and unbiased hearings

fine

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

guilty plea

when an offender officially admits guilt which is then considered by the court when sentencing

imprisonment

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

indictable offences

Serious criminal offences Heard before a judge and jury in the County or Supreme Court

indictable offences heard summarily

Serious criminal offence heard and determined as summary offences if the court and accused agree

jury

an independent group of people chosen at random to decide on the evidence in a legal case and reach a decision (i.e. verdict)

legal aid

legal advice, education or information about the law and the provision of legal services (including legal assistance and representation)

mitigating factors

facts or circumstances about the offender of the offence that decrease the seriousness of the offender's culpability or a less severe sentence

parole

the supervised and conditional release of a prisoner after the minimum period of imprisonment has been served

plea negotiations

(in criminal cases) pre-trial discussions that take place between the prosecution and the accused, aimed at resolving the case by agreeing on an outcome to the criminal charges laid (also known as charge negotiations)

presumption of innocence

The right of the accused to be presumed not guilty unless proven otherwise. In 'The Charter of Human Rights and Responsibilities' Upheld by bail and the right to silence

prosecution

the crown in its role of brining a criminal case to court

protection

designed to safeguard the community from the offender in order to prevent them from committing further offence

punishment

one purpose of a sanction, a strategy devised to penalise the offender and show society and the victim that criminal behavior will not be tolerated.

Rehabilitation

one purpose of a sanction; a strategy designed to reform an offender in order to prevent them from committing offences in the future