Legal Studies - Exam Study Notes

A comprehensive vocabulary review of core Legal Studies terms covering Statute Law and Parliament, Common Law and Court Hierarchies, the Australian Constitution, International Law, and Law Reform.

Law

A set of rules imposed on all members of a community that are officially recognised, binding on members of society, and enforceable by authorities such as the police and courts.

Values

Principles, standards or qualities considered desirable within society, such as equality, respect, freedom, justice, and honesty.

Ethics

Rules or standards that guide a person's behaviour by determining what is considered right or wrong.

Parliament

A body of elected representatives responsible for making laws.

Bicameral

A parliament consisting of two houses: an Upper House and a Lower House.

Unicameral

A parliament consisting of only one house, such as those in Queensland and the territories.

Electorate

A geographical area that divides the population into sections for electoral representation, with each electing one representative to the lower house.

Election

The process of voting to choose political representatives who will form or participate in government.

Government

The political party or coalition that holds power by commanding majority support in the lower house.

Prime Minister

The leader of the federal government.

Opposition

The party or parties that do not form government and challenge its decisions.

Ministers

Members of government responsible for particular departments.

Cabinet

A group of senior ministers who make important government decisions.

Frontbench

Ministers and senior members of the government or opposition.

Backbench

Members of Parliament (MPs) who are not ministers or senior opposition leaders.

Executive Council

A formal body involving the Governor-General or Governor and selected ministers, which enables legislation to be put into operation.

Bill

A proposed law that is being considered by Parliament.

Act of Parliament

A bill that has successfully passed through Parliament and received Royal Assent.

Royal Assent

Formal approval given by the Governor-General at the federal level or Governor at the state level for a bill to become law.

Criminal Law

Law that deals with offences committed against society and involves the prosecution of a person accused of breaking the law.

Summary Hearing

A criminal hearing dealing with less serious offences, heard by a magistrate without a jury.

Trial by Jury

A criminal proceeding that deals with more serious offences and involves a judge and a jury to determine guilt.

Civil Law

Law that deals with disputes between individuals or organisations where one party believes another has caused them a legal wrong.

Prosecutor

The person who represents the prosecution in criminal proceedings, presenting the case against the accused and attempting to prove their guilt.

Defendant

The person alleged to have committed a crime in criminal law, or the person or organisation being sued/taken to court in civil law.

Plaintiff

The person or organisation bringing the legal action in a civil case.

Magistrate

A judicial officer who hears cases in lower courts and makes decisions.

Judge's Associate

A court officer who assists the judge with court administration and legal documents.

Barrister

A legal professional who represents clients in court and presents legal arguments.

Solicitor

A legal practitioner who provides legal advice, prepares legal documents, and communicates with clients.

Court Officer

An official who helps maintain the organisation and operation of the courtroom.

Court Reporter

A person who records what is said during court proceedings.

Jury

A group of citizens who determine the facts and reach a verdict in a jury trial.

Corrective Services Officer

An officer who supervises offenders serving sentences or orders and assists with carrying out sentences.

Court Hierarchy

The organisation of courts into different levels according to their authority, seriousness of cases, and appeal responsibilities.

Original Jurisdiction

The authority of a court to hear a case for the first time.

Appellate Jurisdiction

The authority of a court to hear appeals and review decisions made by lower courts.

Committal Hearing

A hearing in the Local Court where a magistrate listens to an outline of evidence to determine whether the prosecution has a strong enough case to try the defendant in the District or Supreme Court for an indictable offence.

Local Court

Also known as the Magistrates' Court; a lower court that hears minor criminal matters, summary offences, committal hearings, and minor civil disputes up to $100,000.

Coroner's Court

A specialist lower court whose role is to ensure that unexplained or suspicious deaths, fires, and explosions are properly investigated through coronial inquests.

Children's Court

A specialist court dealing with civil matters concerning the protection and care of young people, and criminal cases involving individuals under 18 at the time of the offence, or under 21 when charged with a crime committed while under 18 in NSW.

District Court of NSW

An intermediate court that deals with serious criminal matters (excluding murder, treason, and piracy) and civil disputes with a monetary value below $750,000.

Land and Environment Court

A specialist court with wide jurisdiction that interprets and enforces environmental law in NSW, dealing with planning, environmental offences, and council appeals.

Supreme Court of NSW

The highest court in the state hierarchy that deals with the most serious criminal matters and civil cases involving large sums of money, with no monetary limit on its civil jurisdiction.

Federal Circuit Court of Australia

A federal court established to relieve caseloads from the Federal and Family Courts, dealing with minor federal matters including copyright, migration, bankruptcy, and consumer protection.

Federal Court of Australia

A court that deals with civil disputes governed by federal law (except for family law matters) and some summary criminal offences.

Family Court of Australia

A superior federal court that deals with the most complex family law matters, such as divorce, parenting orders, division of property, and spousal maintenance.

High Court of Australia

The highest court in the Australian judicial system, dealing with appeals from state Supreme Courts and federal courts, as well as constitutional interpretation.

Common Law

Law developed through decisions made by judges in previous court cases.

Precedent

A legal principle established in a previous court case that is followed or considered by courts when deciding later cases involving similar facts or legal issues.

Binding Precedent

A precedent established by a higher court in the same hierarchy that a court is legally required to follow.

Persuasive Precedent

A precedent that a court may consider but is not legally required to follow, such as a decision from an overseas court or a court on the same level.

Australian Constitution

The supreme law that establishes the Australian Commonwealth Government and explains how it operates.

Australia Act 1986 (Cth)

Legislation that formally ended remaining constitutional links between Australia and the UK, ending British law-making power over Australian states and appeals to the UK Privy Council.

Division of Powers

The way the Australian Constitution distributes law-making responsibilities between the federal and state governments.

Exclusive Powers

Law-making powers that belong only to the federal government under the Constitution, such as defence, currency, and customs.

Concurrent Powers

Law-making powers that both the federal and state governments can exercise, such as education, healthcare, and taxation.

Section 109 of the Constitution

The constitutional section providing that if federal and state laws conflict in an area of concurrent power, federal law prevails to the extent of the inconsistency.

Residual Powers

Powers that belong to the states because they have not been specifically granted to the federal government under the Constitution.

Separation of Powers

The division of government responsibilities into three separate branches (Legislature, Executive, and Judiciary) to prevent excessive concentration of power.

Legislature

The arm of government (Parliament) responsible for making and passing legislation.

Executive

The arm of government (Prime Minister, ministers, and government departments) responsible for administering and putting laws into operation.

Judiciary

The arm of government (courts and judges) responsible for interpreting laws and resolving legal disputes.

Referendum

A national vote under Section 128 of the Constitution used to decide whether a proposed change to the Australian Constitution should be accepted.

Double Majority

The voting requirement for a constitutional referendum to pass: a national majority of voters (more than $50\%$) and a majority of voters in a majority of states (at least four out of six states).

Domestic Law

Laws that operate within a particular nation-state.

International Law

A body of rules established through customs or treaties and recognised by nations as binding in their relationships with one another.

Declaration (International Law)

An international instrument that states the position of countries on particular issues but does not impose legally binding obligations in itself.

Treaty

A written international agreement between states that establishes legally binding obligations for countries that agree to be bound by it.

Ratification

The process by which a country officially agrees to be legally bound by a treaty.

Universal Declaration of Human Rights (UDHR)

An international instrument created in 1948 that establishes fundamental human rights and freedoms that should be protected for all people.

Convention on the Rights of the Child (CRC)

An international agreement created in 1989 that establishes specific rights and protections for children.

Law Reform

The process of changing existing laws or introducing new laws to ensure the legal system remains relevant and effective.