LEGAL STUDIES GCC TERM 4

Rule of law

Is the principle that everyone, despite socio-economic factors, is subject equally to the law.

Rules

the decisions that an authority figure makes about your safety and needs.

Law

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

Constitutional Monarchy

A system in which the king or queen's power is severely limited because they act only on the advice of the politicians who form the government.

Governor General

The chief representative of the Crown in a Commonwealth country.

Democracy

A government created by the people, directly or indirectly, through a system of representation, usually involving periodically held free elections.

Damages

Monetary compensation awarded by a court to a party as a remedy for harm or loss suffered due to the wrongful actions of another party.

Plaintiff

The party who initiates a lawsuit and seeks a legal remedy in a civil court, typically by claiming damages or other relief against the defendant. Their name appears first in the title.

Civil Defendant

The party against whom a lawsuit is filed, accused of wrongdoing or facing legal action in a civil case.

Their name appears second in the title.

Criminal Defendant

An individual or group formally charged by the state or police with committing a crime. The prosecution must prove guilt beyond a reasonable doubt.

Balance of Probabilities

The standard of proof in civil cases requires that a party's claims are more likely true than not, or 'probably true,' for the court to rule in their favour.

Burden of Proof

The obligation in a criminal legal proceeding for one party to provide sufficient evidence to support their claims or allegations.

Civil Law

A branch of law that deals with disputes between private individuals, businesses, or organisations rather than crimes prosecuted by the state

Criminal Law

The body of public law that defines criminal offences, regulates how suspects are apprehended, charged, and tried, and sets the punishments or treatments for convicted offenders

Common law (judge-made law)

Interpretations of the law by judges in court, based on precedents.

Statute Law

A written law passed by a legislative body, parliament. Also known as an Act of Parliament.

Negligence

The failure to use the level of care that a reasonable person would exercise under the same circumstances, leading to unintended harm, injury, or damage to another person

Contract law

A body of law that governs the creation, interpretation, and enforcement of agreements between parties, ensuring that mutual promises are legally binding

A Contract

A legally binding agreement or promise between two or more parties that is enforceable by courts. If one party breaks (breaches) the terms of the contract, the other party can seek legal remedies, such as damages or termination

Tort Law

The body of law that holds the wrongdoer accountable and provides legal remedies (such as monetary compensation or injunctions) to restore the injured person to their pre-harm position

Tort

A legal wrong that is not a criminal offence, or stemming from a contract, that may result in payment of damages for the loss or injury suffered.

Alternative dispute resolution (ADR)

Settling a dispute without having to go through a more formal process, such as a court hearing, includes methods such as mediation, conciliation, arbitration, case appraisal and settlement.

ADR: Assisted Negotiation.

You and your solicitor meet with the other parties and their solicitors to discuss the issues.

ADR: Mediation

A voluntary, confidential, and non-binding alternative dispute resolution (ADR) process where an impartial third party—called a mediator—helps disputing parties communicate, negotiate, and reach their own mutually acceptable settlement

ADR: Conciliation

An informal, out-of-court dispute resolution process in Australia where an independent third party (the conciliator) helps people talk through a disagreement and try to reach an agreement. Note, it is very similar to mediation, except this mediator can actively offer advice and influence discussions, so should be an expert is some way.

ADR: Case appraisal

An advisory form of Alternative Dispute Resolution (ADR) in Australia where an independent expert (usually a lawyer or subject-matter specialist) evaluates the facts and law of a dispute and issues a written opinion on its likely outcome if it went to court

Class Action

A lawsuit initiated by a single person on behalf of the members of a group who are seeking financial compensation for wrongdoing.

ADR: Arbitration

A formal, determinative form of ADR where an independent arbitrator reviews evidence and arguments to issue a final, legally binding decision known as an "award"

Obudsman

An independent, free, and impartial public official who investigates complaints about government agencies, public services, and specific industries without needing to go to court

Tribunal

A statutory decision-making body created by Commonwealth or State legislation to resolve specific disputes and review government administrative decisions faster, cheaper, and less formally than traditional courts.

Restorative Justice

A process where everyone affected by a crime comes together to fix the harm caused and plan for the future, instead of just punishing the offender