Legal Stage 1 Term 2 Exam Terms Revison

Civil Law (Young People, Torts (i.e. Negligence, Defamation)) Law and Communitues (Voting, Executive (Government), Legislate (Parliament), Judiciary (Courts), Referendum, Constitution)

Damages

Money awarded to compensate for loss or injury.

Equitable Remedey

To provide justice when monetary damages are insufficient, based on fairness.

Plaintiff

The person bringing a case to court.

Defendant

The person being sued in a case.

Liabiltiy

Legal responsibility for one’s actions or omissions.

Class Action Lawsuit

A lawsuit where multiple people with the same issue join together against one defendant.

Mediation

A neutral third party that helps parties reach an agreement outside court.

Alternative Dispute Resolution (ADR)

Methods of resolving disputes without court action (e.g. mediation, arbitration).

Litigation

The process of taking a dispute to court.

Affidavit

A written statement of evidence sworn to be true.

Legal Remedey

To compensate for a loss, often through monetary damages.

Economic Loss

Financial loss (e.g. wages, medical costs).

Non-economic Loss

Non-financial harm (e.g. pain, suffering, emotional distress).

Defamation

Publishing false statements that damage someone’s reputation.

Doli Incapax

A child under 14 is presumed incapable of understanding that their act was wrong.

Youth Justice System

The legal system that deals with young offenders from 10 to 17 years old.

Rehabilitation

Restoring an offender to a law-abiding life.

Recidivism

When a person reoffends after being punished.

Legal Aid

Legal assistance to those who cannot afford private legal representation.

Royal Commission

An independent, high-level public investigation into a matter of great importance. They provide a report with recommendations to the government.

Law Reform

The process of reviewing and changing laws to make them fairer or more effective.

Rule of Law

The principle that everyone, including the government, is subject to and accountable under the law.

Seperation of Powers

Division of government power into three arms: Legislature, Executive, and Judiciary.

Legislature

Parliament; makes and changes laws.

Executive

The government; enforces and administers laws.

Judiciary

Courts and judges; interpret and apply laws.

Checks and Balances

Mechanisms that prevent any one branch of government from misusing power.

Representative Government

Citizens elect representatives to make laws on their behalf.

Responsible Government

The executive must maintain the confidence of the lower house and act responsibly to parliament.

Democracy

A system of government where citizens vote and participate in decision-making.

Bicameral Parliament

A parliament with two houses (e.g. House of Assembly and Legislative Council).

Unicameral Parliament

A parliament with only one house (e.g. Queensland, ACT).

Bill

A proposed law presented to parliament.

Act

A law that has been passed by parliament.

Legislation / Statute

Laws made by parliament.

Common Law

Law made by judges through court decisions (precedent).

Precendent

A previous court decision used as a guide in future similar cases.

Judicial Independence

The judiciary must be free from influence by the other branches of government.

Constitution

A set of fundamental rules outlining how a country or state is governed.

Referendum

A national vote on a proposed change to the Constitution.

Double Majority

Requirement for a referendum: majority of national voters and majority of states must vote ‘Yes’.

Universal Franchise

The right of all adult citizens to vote.

Preferential Voting

Voting system where voters rank candidates in order of preference.

Parliamentary Committee

A group of Members from Parliament who investigate issues or review proposed laws.

Judicial Review

The court’s power to review actions of government to ensure they comply with the law.

Doctrine

A legal principle or belief (e.g. Separation of Powers Doctrine).

Executive Council

A formal body advising the Governor and approving government decisions.

Checks On Government Power

Accountability Methods

Civil Law

Law that deals with disputes between individuals or organisations (not crimes).

Tort

A civil wrong causing harm or loss to another person.

Negligence

Failure to take reasonable care, resulting in harm to another.

Duty of Care

The legal obligation to avoid acts or omissions likely to cause harm.

Breach of Duty

When someone fails to meet their duty of care.

Causation

The direct link between the defendant’s act and the harm suffered by the plaintiff.

Foreseeability

Whether a reasonable person could predict that the act could cause harm.