Unit 1: Beyond Reasonable Doubt, Topic 1: Legal Foundations, Topic 2: Criminal Investigation Process

Actus Reus

The physical performance of a crime (guilty act)

Separation of Powers Doctrine

The principle that power is distributed among three branches of government-the legislative, the executive, and the judicial-for the purpose of ensuring that no one person or group will make the law, interpret the law, and apply the law

Exclusive powers

powers that can be exercised by the national government alone, sch as defence, immigration, customs and excise duties.

Statute Law

the most common form of law within our society. It is a law passed by parliament that can cover any topic and it takes precedence over common law.

Common Law

the body of laws made through decisions of the courts. Also referred to as judge-made law.

Doctrine of Precedent

the common law principle by which the reasons for the decisions of higher courts are binding on courts ranked lower in the same hierarchy in cases where the material facts are similar

Referendum

a vote on a direct question or proposal presented to all members of a country or electorate for their approval or rejection. Any change to the Constitution requires a referendum and the approval of a majority of voters nationwide.

Bill

a draft of a proposed law presented to parliament for discussion.

Just

legally right, conforming to that which is lawful or unfair and proper in the (or all) circumstances.

Equitable

even and impartial; balance between the rule of law and the rights and freedoms of individuals and society; impartial and fair outcome or result where the statute law is silent.

Mens Rea

the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused.

Rules

the decisions your parents, guardians and school make about your safety and needs.

Laws

rules that are made by government to ensure that our society functions properly.

Nature of a legal issue

the essence and elements of the legal issue being considered.

Scope of a legal issue

the extent of the components of the legal issue.

Crime

An act against the law

Rule of Law

principle that the law applies to everyone, even those who govern and that all people are equal before the law.

Key aspects of the rule of law

laws must be clear, accepted by all citizens, known and be seen to be applied fairly.

Residual Powers

Law-making powers left with the states at the time of federation

Concurrent powers

Powers held jointly by the national and state governments.

Statutory interpretation

the process by which courts interpret and apply legislation

Inquisitorial system

a method of legal practice in which the judge endeavours to discover facts while simultaneously representing the interests of the state in a trial.

Adversarial system

a system of law in which each side presents evidence in order to prove their case.

Onus or Burden of Proof

the responsibility of proving a disputed charge or allegation; lies with the person making the allegation.

Standard of proof

the level of certainty and the degree of evidence necessary to establish proof in a criminal or civil proceeding. In a criminal proceeding, the court is not to find the case of the prosecution unless it has been proved beyond a reasonable doubt. In a civil proceeding, the court is to find the case of a defendant proved if it is satisfied that the case has been proved on the balance of probabilities.

beyond reasonable doubt

The standard that must be met by the prosecution's evidence in a criminal case: that there is no other logical explanation, based on the facts, except that the defendant committed the crime.

Jury

a body of citizens sworn to give a true verdict according to the evidence presented in a court of law

Balance of probabilities

The standard of proof in civil cases that the more likely or probable version of the truth should succeed.

Jurisdiction

The authority of a court to hear a case, including the geographic area in which the power or the types of cases it has the power to hear.

Evidence

facts or information that can be used to test whether a belief or proposition is true or valid

Police discretionary powers

the power afforded to police to make decisions based upon what seems to be the most appropriate action in the circumstances.

Regulatory offence

act that is prohibited by legislation and carries a fine as its maximum penalty.

Summary offence

A minor (less serious) criminal offence that can be heard in a Magistrates' Court without a jury.

Indictable offence

Serious criminal offence for which the defendant is entitled to have a trial by judge and jury.

Prosecution

the party who presents and argues the case on behalf of the Crown against the accused.

Strict Liability

offences where only the criminal action needs to be proved.

Defence

the claims of the defendant in opposition to complaints against them; the party who presents and argues the case on behalf of the accused or the defendant.

Punishment

financial loss, confinement or another penalty imposed for wrongdoing.

Assault

threat or attempt to injure

Stalking

the act of following or harassing another person, causing the fear of death or injury

Carnal knowledge

the act of engaging in sexual intercourse

Possession of drugs

The presence of drugs on the accused for recreational use or for the purpose to sell.

Summons

an official document that requires a person to give evidence in the Magistrates Court

Subpoena

an official document that requires a person to give evidence in the District or Supreme Court.