Chapter 22 Australia’s legal system | Oxford Humanities 9 Victorian Curriculum

rules

regulations or guidelines imposed upon the members of a specific group so they can work together in a peaceful manner

laws

formal rules that are designed to govern the way in which people behave so we can all live together in one peaceful and united society

sanction

a penalty (for example, a fine or imprisonment) imposed on a person who has breached a criminal law

parliament

an organisation that makes the laws in a country, often with a lower house to draft laws and an upper house to review the proposed law

judge

an impartial adjudicator whose role is to ensure proper processes are followed in court to ensure justice is upheld; they can also determine the outcome in trials that don't use a jury

statute

law made by parliament (also called legislation or Acts of Parliament)

statutory authority

a body or organisation that is established by parliament to make laws on its behalf

legal principle

a legal rule of law established by a judge

common law

unwritten laws that are based on legal precedents made by the courts

legal system

in Australia, it encompasses a range of organisations, including the courts, tribunals, parliaments, police and prisons

rule of law

the idea that everyone is equal before the law regardless of their power or status in society

discriminated

when a person has been treated in a prejudicial or biased way or placed at a disadvantage based on a personal attribute such as their sex, race or religion

presumption of innocence

the right of a person accused of committing a crime to be presumed and reasonably treated as not guilty unless proven otherwise

trial

the formal examination of evidence by a judge and jury in order to decide on the verdict

bail

an agreement to release an accused person into the community while awaiting trial

refugee

someone who has been assessed as having been forced to flee their country due to war, persecution or natural disaster

asylum seeker

a person who seeks protection as a refugee who is waiting to have their application assessed

judiciary

interprets and applies the laws made by parliament; in Australia this role is fulfilled by the High Court and other courts

magistrate

an official who hears and judges minor cases or preliminary hearings

verdict

decision in a civil or criminal court case: guilty or not guilty

reasonable grounds

legal test that must be satisfied before an action can be taken

legal dispute

an argument or disagreement between two or more parties that is resolved by the legal system

criminal case

a legal dispute in which an individual who is accused of committing an illegal act that inflicts harm on another individual and/or society, is taken to court (prosecuted) by the government

civil case

a legal dispute between individuals (or groups) over an alleged breach of individual rights

accused

a person who has been charged with committing a crime

summary offence

a minor offence heard in the Magistrates' Court

indictable offence

a serious offence heard before a judge and jury

Magistrates' Court

the lowest ranked court in the Australian and Victorian court hierarchy

plaintiff

the party who initiates or commences a civil action against another party

defendant

the person accused of a crime

remedy

an outcome of a civil dispute aimed at restoring the plaintiff, as far as possible, to the position they were in prior to the breach of rights

damages

a civil remedy where the court orders the defendant to pay an amount of money to the plaintiff

negligence

a type of civil action where one party causes harm through failure to uphold a reasonable duty of care to a 'neighbour'

breach of contract

where one individual believes another has failed to carry out the terms of a legally binding contract

defamation

a type of civil action where one party makes false statements that cause another party to lose their reputation

jurisdiction

the legal power to make legal decisions and judgments

court hierarchy

the ranking, from lower to higher jurisdiction, of a court system

Australian Constitution

a document that describes the rules, or laws, that govern Australia

precedent

a legal principle that must be followed by magistrates and judges in cases where the facts are similar

statutory interpretation

when a judge is called to resolve a dispute in which the existing legislation is unclear and needs to be interpreted