all of legal

abrogate

to cancel or abolish a court-made law by passing an Act of Parliament

access

one of the principles of justice; access means that all people should be able to understand their legal rights and pursue their case

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 (for example

accused

a person charged with a criminal offence

Act of Parliament

a law made by parliament; a bill which has passed through parliament and has received royal assent (also known as a statute)

adverse costs order

a court order (i.e. legal requirement) that a party pay the other party's costs

aggravating factors

circumstances considered in sentencing that can increase the seriousness of the offence or the offender's culpability (i.e. responsibility) resulting in a more severe sentence

alternative dispute resolution methods

ways of resolving or settling civil disputes that do not involve a court or tribunal hearing (e.g. mediation

appeal

an application to have a higher court review a ruling (i.e. decision) made by a lower court

appellant

a person who appeals a ruling or decision (i.e. a person who applies to have the ruling of a lower court reviewed or reversed by a higher court)

appellate jurisdiction

the power of a court to hear a case on appeal

arbitral award

a legally binding decision made in arbitration by an arbitrator

arbitration

a method of dispute resolution in which an independent person (known as an arbitrator) is appointed to listen to both sides of a dispute and make a decision that is legally binding on the parties. The decision is known as an arbitral award

arbitrator

the independent third party (i.e. person) appointed to settle a dispute during arbitration; arbitrators have specialised expertise in particular kinds of disputes between the parties and make decisions that are legally binding on them. The decision is known as an arbitral award

associate judge

a judicial officer of the Supreme Court of Victoria who has power to make orders and give directions during the pre-trial stage of a proceeding. Associate judges also have some powers to make final orders in particular types of proceedings

Australian Bar Association

the

Australian Constitution

the

bail

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

balance of power

(between political parties) if no single party has a majority of seats in the lower house of parliament

balance of probabilities

the standard of proof in civil disputes. This requires the plaintiff to establish that it is more probable (i.e. likely) than not that his or her side of the story is right

barrister

a legal professional who is engaged by a party's solicitor. One of ther oles of the barrister is to advocate (argue) the party's position at formal hearings

beyond reasonable doubt

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

bicameral parliament

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

bill of rights

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

bill

a proposed law that has not yet been passed by parliament

binding precedent

the legal reasoning for a decision of a higher court that must be followed by a lower court in the same jurisdiction (i.e. court hierarchy) in cases where the material facts are similar

burden of proof

the obligation (i.e. responsibility) of a party to prove a case. The burden of proof usually rests with the party who initiates the action (i.e. the plaintiff in a civil dispute and the prosecution in a criminal case)

Cabinet

the policy-making body made up of the prime minister (or premier at a state level) and a range of senior government ministers in charge of a range of government departments. Cabinet decides which laws should be introduced into parliament

case management

a method used by courts and tribunals to control the progress of legal cases more effectively and efficiently. Case management generally involves the person presiding over the case (e.g. the judge) making orders and directions in the proceeding (such as an order that the parties attend mediation)

civil dispute

a dispute (i.e. disagreement) between two or more individuals (or groups) in which one of the individuals (or groups) makes a legal claim against the other

civil law

an area of law that defines the rights and responsibilities of individuals

class action

see representative proceeding

coalition

an alliance of two or more political parties that join to form government

codify (codification)

to collect all law on one topic together into a single statute

coercive power

the authority to compel an individual to do something (e.g. participate in an inquiry and give evidence under oath or affirmation)

cognitive impairment

an issue with brain functioning that can affect thinking

committal hearing

a hearing that is held as part of the committal proceeding. At the committal

hearing

the magistrate will decide whether there is sufficient evidence to support a conviction for the offence charged

committal proceeding

the processes and hearings that take place in the Magistrates' Court for indictable offences

committee system

a system used by federal and state parliaments in Australia that involves the use of separate working parties (i.e. committees) to investigate a wide range of legal

common law

law made by judges through decisions made in cases; also known as case law or judge-made law (as opposed to statute law)

community correction order (CCO)

a non-custodial sanction (i.e. one that doesn't involve a prison sentence)that the offender serves in the community

community law reform project

a minor investigation of an area or issue of law reform undertaken by the Victorian Law Reform Commission (VLRC) without a reference from the Attorney-General

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 CLCs and some are specialist CLCs

complainant

a person against whom an offence is alleged to have been committed (a person who has complained to the police)

complaints body

an organisation established by parliament to resolve formal grievances (i.e. complaints) made by an individual about the conduct of another party

compulsory conference

a confidential meeting between the parties involved in a dispute (in the presence of an independent third party) to discuss ways to resolve their differences

conciliation

a method of dispute resolution which uses an independent third party(i.e. the conciliator) to help the disputing parties reach a resolution

conciliator

the independent third party in a conciliation who helps the parties reach an agreement that will end the dispute between them. The conciliator can make suggestions and offer advice to assist in finding a mutually acceptable resolution but the parties reach the decision

concurrent powers

powers in the Australian Constitution that may be exercised by both the Commonwealth and one or more state parliaments (as opposed to residual powers and exclusive powers)

conscience vote

a vote in parliament by its members in accordance with their moral views and values (or those held by the majority of their electorate) rather than in accordance with party policy

constitution

a set of rules that establishes the nature

constitutional monarchy

a system of government in which a monarch (i.e. a king or queen) is the head of state and a parliament makes the laws under the terms of a constitution

conviction

a criminal offence that has been proved. Prior convictions are previous criminal offences for which the person has been found guilty

counterclaim

a separate claim made by the defendant in response to the plaintiff's claim (and heard at the same time by the court)

Court Services Victoria

an independent body that provides services and facilities to Victoria's courts and the Victorian Civil and Administrative Tribunal

criminal justice system

a set of processes and institutions used to investigate and determine criminal cases

criminal law

an area of law that defines a range of behaviours and conduct that are prohibited (i.e. crimes) and outlines sanctions (i.e. penalties) for people who commit them (as opposed to civil law)

crossbenchers

independent members of parliament or members of minor parties (i.e. not members of the government or opposition). They are named after the seating area provided for them

cross-examination

the questioning of a witness called by the other side in a legal case

damages

the most common remedy in a civil claim;an amount of money that the court (or tribunal) orders one party to pay to another

defence

a document filed by the defendant which sets out a response to each of the claims contained in the plaintiff's statement of claim; part of the pleadings stage of a civil dispute

defendant

(in a civil case) a party who is alleged to have breached a civil law and who is being sued by a plaintiff

democracy

a system of government in which members of parliament are voted into office by the people

demonstration

a group of people who gather to protest (i.e. express their common concern or dissatisfaction with) an existing law as a means of influencing law reform

denunciation

one purpose of a sanction; a process by which a court can demonstrate the community's disapproval of the offender's actions

deterrence

one purpose of a sanction; a process by which the court can discourage the offender and others in the community from committing similar offences

directions

instructions given by the court to the parties about time limits and the way a civil proceeding is to be conducted

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

Director of Public Prosecutions (DPP)

the independent officer responsible for commencing

disability

a total or partial loss of bodily or mental functions

disapproving a precedent

when a court expresses dissatisfaction of an existing precedent but is still bound to follow it

disbursements

out of pocket expenses or fees (other than legal 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 the documents are normally provided to the other party

distinguishing a precedent

the process by which a lower court decides that the material facts of a case are sufficiently different to that of a casein which a precedent was established by a superior court so that they are not bound to follow it

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

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); a double majority is required for a change to be made to the Australian Constitution at a referendum

equality

one of the principles of justice; equality means people should be equal before the law and have the same opportunity to present their case as anyone else

evidence

information used to support the facts in a legal case

ex post facto

(pronounced ex post FAK·toh)

a Latin term meaning 'out of the aftermath'; a legal term used to describe a law that is established in relation to an event that has already taken place

examination-in-chief

the questioning of one's own witness in court in order prove one's own case and disprove the opponent's case

exclusive jurisdiction

the lawful authority or power of a court

exclusive powers

powers in the Australian Constitution that only the Commonwealth Parliament can exercise (as opposed to residual powers and concurrent powers)

Executive Council

a group consisting of the prime minister and senior ministers (at the Commonwealth level) or premier and senior ministers (at the state level) that is responsible for administering and implementing the law by giving advice about the government and government departments

executive power

the power to administer the laws and manage the business of government

expert evidence

statements of fact given by an independent expert about an area within his or her expertise

express rights

rights that are stated in the Australian Constitution. Express rights are entrenched

extrinsic material

material (i.e. information) that is not part of an Act of Parliament

fairness

one of the principles of justice; fairness means having fair processes and a fair hearing (e.g. the parties in a legal case should have an opportunity to know the facts of the case and have the opportunity to present their side of events; and the pre-hearing and hearing (or trial) processes should be fair and impartial)

Federation of Australia

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

fine

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

full bench

all seven justices of the High Court sitting to determine a case

generalist CLC

a community legal centre that provides a broad range of legal services to people in a particular geographical area of Victoria

government

the ruling authority with power to govern

governor

the Queen's representative at the state level

Governor-General

the Queen's representative at the Commonwealth level

group member

a member of a group of people who are part of a representative proceeding (i.e. class action)

guilty plea

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

Hansard

the official transcript (i.e. written record) of what is said in parliament. Hansard is named after T.C. Hansard (1176-1833)who printed the first parliamentary transcript