Law, Society, and Political Involvement Glossary

absolute majority

half the number of formal votes received in an election plus one

access

equal opportunity for all people to make use of the legal system

adversarial system

system in which two opposing parties present their arguments to a magistrate or judge

anarchy

disorder or confusion due to the absence of government or laws

appeal

an application for a legal decision to be reviewed in a higher court

bail

to release an accused person who is awaiting trial

balance of probabilities

the standard of proof in civil trials

beyond reasonable doubt

the standard of proof required in a criminal trial

committal hearing

a hearing in a Local Court to decide whether there is enough evidence to put a person on trial for an indictable (serious) offence

common law

system of law based on the previous decisions of judges, or precedents

constitution

a document that outlines the powers of the parliament

constitutional limits

There are usually constitutional limits on their power

court

a place where people can resolve disputes relating to law

defendant

the party in a criminal or civil trial against whom an action has been brought

double dissolution

a decision made by the head of state to dissolve both houses of parliament

Federal Parliament

the House of Representatives and the Senate

hierarchy

a grading system based on order of importance

House of Representatives

the lower house of Federal Parliament, sometimes called the people's house

indictable offence

a serious criminal offence

judge

a court official who has the power to make decisions on matters brought before a court of law

judiciary

the system of courts that interprets and applies the law in a country

jury

a group of people (either 12 or six) selected to hear the evidence in a court case

laws

a set of legal rules

magistrate

a court official who hears cases in the lowest court of law

non-parole

a set period of time a prisoner must serve before they can be released on the promise of good behaviour

parole

to release a prisoner on the promise of good behaviour

plaintiff

the party that commences a civil action

precedent

a previous legal decision that serves as a rule or pattern in future cases

private law

deals with disputes between private citizens

prosecutor

the party bringing a criminal action against the accused; usually the state

public law

deals with disputes that affect the community

Senate

the upper house of the Federal Parliament, sometimes called the State's House

statute law

laws made by parliaments

sue

to bring a civil action against another person for causing damage or injury

tort

a civil wrong

trial

a process to determine whether someone committed a criminal act or caused another person

residual power

Powers not in the Constitution go to the states.

concurrent power

areas where both the federal and state governments have the ability to make laws and regulations

jurisdicition

Jurisdiction is the legal authority of a court or other official body to hear and decide a case.