3/4 legal rev

balance of Power

a situation where no single party has a majority of seats in one or both houses of parliament meaning members of the crossbench may be able to vote in a bloc to reject government bills so they don't pass

binding precedent

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

common law

law made by judges through decisions made in cases

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

demonstration

gathering of ppl to protest/express common concern w existing law as means of influ law reform

disapproving

court expresses disagreement of existing precedent but still bound to follow it
may be used during an appeal or to encourage par to change law

distinguishing

lower court decides material facts of case are v diff to a case precedent was established by superior court so they aren’t bound to follow it

doctrine of precedent

The common-law principle by which the decisions of higher courts in a hierarchy are binding on lower courts in the same hierarchy where the material facts are similar.

ex post facto

'out of the aftermath'. A law that is established in relation to an event that has already taken place.

extrinsic material

material (i.e. information) that is not part of an Act of Parliament, but that may assist a judge to interpret the meaning of the Act

final statement

hostile upper house

situ where gov doesn’t hold majority seats in upper house
relies on support of oppo/crossbench to have their bills passed

hung parliament

a situation in which neither major political party wins a majority of seats in the lower house of parliament after an election

international treaties

a legally binding agreement between countries or intergovernmental organisations in which they undertake to follow the obligations set out in the agreement and include them in their own local laws

inquiry

investigation

judicial activism

when judges consider range of social/political factors when interpreting acts of par and deciding cases

judicial conservatism

When judges adopt a narrow interpretation of the law when interpreting Acts of Parliament and deciding cases

law reform

the process of constantly updating and changing the law so it remains relevant and effective

litigant

a person who takes a matter before the court to be resolved

material facts

the key facts or details in a legal case that were critical to the court's decision

micro party

A small political party, typically one focusing on a single issue.

minority government

a government that does not hold a majority of seats in the lower house and relies on the support of minor parties and independents to form government

minor party

a political party, that despite not having enough members or electoral support to win government, are still bale to place pressure on the government to address specific issues and introduce law reform

monitoring

native title

legal recognition of the right of Aboriginal and Torres Strait Islander people to be the owners of land and waters based on their traditional ownership of the land

obiter dictum

'by the way'. comments made by the judge in a particular case that may be persuasive in future cases

overruling

superior court changes prev precedent, established by lower court,
in diff and later case
thereby creating a new precedent which overrules the earlier precedent

parliamentary committees

A small group of members of Parliament, who consider and report on a single subject in one or both houses. Committee members can come from any party.

parliamentary sovereignty

persuasive precedent

legal reasoning behind decision of a lower or = court within same jurisdiction

or court in diff jurisdiction
used as source of influ even if it’s not binding

police informant

a person who secretly gives information to the police about a criminal offending. Including the information about the people involved in the criminal activity, which may be used during the investigation and prosecution of a crime

precedent

a principle established in a legal case that is followed by courts in cases where the material facts are similar. Can be binding or persuasive

petition

formal, written req to take action or implement law reform

pressure group

a group of people who have a common interest in trying to influence changes in the law

private member's bill

bill intro into par by member of par who isn’t a gov minister
not part of the govs legislative program and don't have their support

ratio decidendi

The reason for the decision. Forms the binding part of a precedent.

royal commission

reversing

when a superior court changes a previous precedent set by a lower court in the same case on appeal, thereby creating a new precedent which overrides the earlier precedent

social media

range of digi tools, applications and webs used to share info in real time w large groups of ppl

specific prohibitions

Sections of the Constitution which ban the Commonwealth and or state parliament from making laws in certain areas.

statute law

law made by parliament

stare decisis

let the decision stand. The basic principle underlying the doctrine of precedent

statutory interpretation

process judges giving meaning to words or phrases in Act of par so it can be applied to resolve case before them

separation of powers

a doctrine established by the Australian Constitution that ensures the three powers of our parliamentary (executive, legislative and judicial) remain separate

terra nuilius

'empty land'. A false common law principle used by the British to declare that Australia belonged to no-one when they first arrived in Australia to establish a colony in 1978

traditional media

conventional ways of communicating information to the public, being newspapers and magazines, television and radio, that were relied on before the internet

tied grant

funding (i.e. money) given to a state government by the Commonwealth on the condition that it spends the money in the manner specified by the Commonwealth

ultra vires

"beyond the powers" of parliament

VLRC (Victorian Law Reform Commission)

independent law reform org
reviews, researches + makes recos to state par abt possible changes to Vics law

Australian Constitution

a set of rules and principles that guide the way Australia is governed. Commonwealth of Australia Constitution Act 1900 (UK)

bicameral parliament

a parliament with two houses (also called chambers). In the Australian Parliament, the two houses are the Senate (upper house) and the House of Representatives (lower house). In the Victorian Parliament the two houses are the Legislative Council (upper house) and the Legislative Assembly (lower house)

bill of rights

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

bona fide agreement

genuine (though noting that it would be difficult to agree that Australia's agreement to sign and give effect to a treaty is disingenuous

concurrent powers

law-making powers that are shared by the Commonwealth and the state parliaments

constitutional monarchy

a system of government in which a monarch is the head of state and a parliament makes the laws under the terms of a constitution

constitution

set of rules that establishes the nature, functions and limits of the government

exclusive powers

law-making powers that are held by only the Commonwealth Parliament, and only that parliament can create laws in these areas (the states cannot create law in these areas)

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). Required for a change to be made to the Australian Constitution at a referendum

federation of Australia

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

Governor General

the chief representative of the Crown at a federal level who grants and withholds royal assent and appoints the executive council

Governor

the chief representative of the Crown at a state level who grants and withholds royal assent and appoints the executive council

House of Representatives

the lower house of the Commonwealth Parliament. That initiates and make laws, determines government, provides responsible government, represent the person, publiscise and scutinise government administrative, control government expenditure and act as a house of review. Determines government 76/115, with a 3 year of term.

international declarations

a non-binding agreement between countries that sets out the aspirations of the parties to the agreement

jurisdiction

the lawful authority or power of a court, tribunal or other dispute resolution body to decide legal cases

law-making powers

Powers/authority given to par to make laws in certain areas

law reform

the process of constantly updating and changing the law so it remains relevant and effective

Legislative Council

The upper house of Victorian parliament. That acts as a house of review, initiates and make laws and examines bills through its committees. Represents 8 regions with 5 seats each, with a 4 year term.

Legislative Assembly

The lower house of the Victorian parliament. That provides representative government, initiate and make laws, acts as a house of review and controls government expenditure. Determines government 45/88, with a 4 year term.

parliament

a formal assembly of representatives of the people that is elected by the people and gathers together to make laws

preamble

the introductory part of a statute that outlines its purposes and aims

ratification

confirmation by a nation's parliament of its approval of an international treaty signed by its government. The parliament expressly passes legislation that requires it by law to adopt the various rights and responsibilities set out in the treaty

referendum

the method used for changing the wording of the Australian Constitution. Requires a proposal to be approved by the Australian people in a public votes by double majority

representative Democracy

a system of government in which citizens vote to elect people who will represent them in parliament, make laws and govern on their own behalf

residual powers

Law-making powers left with the states at the time of federation. The Commonwealth Parliament has no authority to make laws in these areas

royal assent

the formal signing and approval of a bill by the Governor-General (at the Commonwealth level) or the governor (at the state level) after which the bill becomes an Act of Parliament (i.e. a law)

rule of law

the principle that everyone in society is bound by law and must obey the law, and that laws should be fair and clear, so people are willing and able to obey them

rubber stamp

a term used to describe a situation in which the upper house of parliament automatically approves decisions made in the lower house of parliament because the government holds a majority of seats in both houses and its members vote along party lines

Senate

The upper house of the Commonwealth Parliament. Acts as a house of review, initiate and makes laws, acts as a state's house and scrtuinise bills through the committee process. Represents the states 12 for each state, 76 seats with a 6 year term

standing

the requirement that a litigant must be directly affected by the matter involved in the case for the court to be able to hear and determine the case, can challenge the law.

supreme law-making body

The body (i.e. the parliament) that has the final law-making power, meaning it can make or change any law within its power and pass legislation to abrogate common law

treason

the crime of betraying one's country, especially by attempting to overthrow the government

ultra vires

'beyond the powers'. A law made outside the powers of the parliament

Westminster system

a parliamentary system of government that developed in Brittan and upon which Australia's parliamentary system is modelled

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

balance of probabilities

The standard of proof in civil disputes. This requires that the plaintiff to establish that it is more probable not that their version of the facts is correct

burden of proof

The onus one party has, to prove the facts of the case, lies with the party bringing fourth the claim typically the plaintiff unless a counterclaim is involved.

civil law

An area of law that defines the rights and responsibilities of individuals, groups and organsitations in society and regulates private disputes

class action (representative proceedings)

A legal proceeding in which a group of people (7+) who have a claim based in similar or related facts bring that claim to court in the name of 1 person.

complaints body

an organisation established by parliament to resolve formal grievances made by an individual about the conduct of another party

court hierarchy

The ranking of courts from the lowest highest according to the complexity and size of the claims that they deal with

court services Victoria (CSV)

an independent body that provides services and facilities to Victoria's courts and VCAT

damages

An amount of money that the court (or tribunal) orders one party to pay to another party. It is the most common remedy in civil claims.

defendant

The party who is alleged to have infringed the rights of the plaintiff or caused wrongdoing

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

disbursements

out-of-pocket expenses or fees (other than legal fees), incurred as part of case

incl court, mediation and expert witness fees

discovery

pre-trial procedure requires parties to list all docs they have that are relevant to the case

exclusive jurisdiction

the lawful authority or power of a court, tribunal or other dispute resolution body to decide legal cases to the exclusion of all others

expert evidence

evi (testimony) given by independent expert abt an area within their expertise

lay evidence

evidence (testimony) given by a layperson (an ordinary person) about the facts in dispute