Legal 3&4 Unit 3 Only (Criminal and Civil law)

accused

a person charged with a criminal offence

alternative arrangements

measures that can be put in place for witnesses in certain criminal case (eg. s3xual offence cases) to give evidence in a different way (eg. via video link)

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.

burden of proof

The obligation (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 of the prosecution in a criminal case)

Committal hearings

a court hearing that is held as apart of the committal process in the Magistrates court. At a committal hearing, the Magistrate will decide whether there is sufficient evidence to support a conviction for the offence charged

Committal proceedings

the pre-trail hearings and processes held un the Magistrates court for indictable offences

Human Rights Charter

The Charter of Human Rights and Responsibilities act 2006 (Vic). It’s main purpose is to protect and promote the human rights

Imprisonment

A sanction that involves removing the offender from society for a states period of time and placing them in prison

Indictable offence

A serious offence generally held in the Supreme or the County Court heard in front of a judge and jury

Jury

An independent group of people chosen at random to determine questions of fact in a trial and reach a verdict (or a decision)

Offender

A person who has been found guilty of a criminal offence by a court.

Presumption of innocence

The right of a person accused of a crime to be presumed not guilty unless proven otherwise

Prosecution

The party that institutes criminal proceedings against an accused on behalf of the state. The prosecution team includes the prosecutor.

Sanction

A pentalty (e.g a fine or prison sentence) imposed by a court on a person guilty of a criminal offence

standard of proof

the degree or extent to which a case must be proved in court

summary offences

A minor offence generally heard in the Magistrates court

Victim

A person who has suffered directly or indirectly as a result of a crime

Victim’s Charter

The ‘Victims Charter Act 2006 (Vic)’ which recognises the impact of crime on victims and provides guidelines for the provision of information to the victims

access

one of the principles of justice, access means that all people should be able to engage with the legal system and its processes on an informed basis

Community legal centre (CLC)

an independent community organisation that provides free legal services to people who are unable to pay for those services There are general CLC’s and specific CLC’s

General CLC’s

they work with the specific community

Specialist CLC’s

they work with a certain individual in the community that may be struggling to recieve advice or legal representation

Equality

a principle of justice that says that everybody should be treated the same unless the same treatment causes disparity. If this occurs than the adequate measures shall be put in place to ensure this equality is met.

Fairness

A principle of justice that says that all people shall be able to participate in the legal system (whether a criminal or civil justice system) and its open and impartial processes.

Jurisdiction

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

Legal aid

legal advice, education or information about the law and the provision of legal services (including legal assistance/support and legal representation)

Plea negotiations

Pre-trial discussions between the prosecution and the accused aimed at resolving, the case by agreeing on an outcome to the criminal case.

the appropriateness of plea negotiations (some of them)

-Whether the accused is willing to cooperate in the investigation

-Whether the witness is reluctant to give evidence, as it may jeopardise a case

-The strength of evidence in both the prosecution and the defence.

-Whether the accused is willing and ready to plead guilty

Victorian Legal Aid

a government agency that provides free legal advice to all members of the community and low-cost or no-cost legal representation to those who cannot afford a lawyer.

aggravating factors

facts or circumstances about ab offender or an offence that can lead to a more severe sentence

examples of aggravating factors

-The use of explosives, violence or a weapon when committing an offence

-Where the offending was planned or premeditated

-The nature and gravity of the offence

-Any vulnerabilities of the victim

-The offender being motivated by hatred or prejudice

-The offence taking place in front of children

-a breach of trust by the offender towards the offender

-prior convictions

-whether the offender was on a CCO, Parole or Bail.

Community corrections order (CCO)

A flexible, non-custodial sanction (one that does not involve a prison sentence) that the offender serves in the community with conditions attached to that order (mandatory and at least one other condition.

Denunciation

One purpose of a sanction, designed to demonstrate the communities disapproval of the offenders actions

deterrence

One purpose of a sanction, designed to discourage the offender (general) and others in the community (specific) from committing similar offences

fine

a sanction that requires the offender to pay an amount of money to the state (measured in penalty units)

guilty plea

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

Imprisonment

a sanction that involved removing an offender from society for a stated period of time and placing them in prison

mitigating factors

Factors or circumstances about the offence that can lead to a less severe sentence.

mitigating factors examples

-The offender has no prior offences

-The offender was acting under duress

-The offender has shown attempts to rehabilitate

-The offender was under personal strain at the time

-effect that prison may have on the offender

-The injury or harm was not substantial

-The offender was young or a disability that made them not fully aware of the consequences

-The offender pleaded guilty early.

Protection

One purpose of a sanction, designed to safeguard the community from sn offender by preventing them from committing a further offence

Punishment

One purpose of a sanction designed to penalise the offender and show society and the voctim that criminal behaviour will not be tolerated

Rehabilitation

One purpose of a sanction, aimed to reform an offender in order to prevent them from committing offences in the future

sanction

a penalty (eg. a fine or prison sentence) imposed by a court on a person guilty of a criminal offence

Victim impact statement

A statement filed with the court by a victim that is considered by the court when sentencing. It contains particulars of any injury, loss or damage suffered by the victim as a result of the offence

indefinite sentence

a term of imprisonment that has no fixed end date, usually given to the most serious offenders

Concurrent sentences

A sanction that is to be served at the same time as one or more other sentences; usually given in realtion to terms of imprisonment

Cumulative sentence

where two sentences are impose and are to be served one after the other; for example a term of imprisonment is to be commenced after the first term is served

Parole

The supervised and conditional release of a prisoner after the minimum period of imprisionment has been served. Parol can only be given those who are serving 2+ years of imprisonment after they have served their minimum term or non-parol period

Koori Court

A division of the Magistrates Court, Childern’s court and County court that (in certain circumstances) operates as a sentencing court for first nations people they may only sentence and not hear cases!

Intergenerational trauma (for indigenous people)

A psychological response to highly distressing, stressful or oppressive historical events, such as war or significant injustices, which is passed on to future generations. First nations people experience intergenerational trauma for many reasons including being subjected to brutal and harmful government policies, racism and discrimination since the British colonisation of Australia

Bail

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

hearsay evidence

Evidence given by a person who did not personally witness the thing that is being stated to the court as true

Apprehended bias

A situation in which a fair-minded lay observer might believe that the person hearing or deciding a case might not bring an impartial mind to the case

Director of public prosecutions (DPP)

The independent officer responsible for commencing, preparing and conducting prosecutions of indictable offences on behalf of the state of Victoria

Office of Public Prosecutions (OPP)

The Victorian public prosecutions office that prepares and conducts criminal proceedings on behalf of the director of public prosecutions.

Discover of documents (civil only)

A pre-trial procedure which requires the parties to list their documents relevant to the issues in dispute. Copies of the documents are normally provided to the other party.

Disbursements

Out-of-pocket expenses or fees (other than legal fees) incurred as part of a legal case. They include fees paid to expert witnesses, court fees and other third-party costs such as photocopying costs.

Balance of probabilities

The standard of proof in civil disputes. This requires the plaintiff to establish that it is more probable that their claim is true.

Burden or proof

The obligation of a party to prove a case. The burden of proof usually rests with the party who initiates the action

Civil dispute

A disagreement between two or more individuals in which one of the individuals or groups makes a legal claim against the other

Civil Justice system

a set of processes, bodies and insitutions used to resolve civil disputes

Civil law

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

Class action

A legal proceeding in which a group of seven ir more people who have a claim against the same person based on similar or related facts bring that claim to court in the name of one person; also called a representative proceeding or group proceeding

Damages

An amount of money that one party is ordered to pay to another party for loss or harm suffered It is the most common remedy for a civil claim.

Defendant

A party who is alleged to have breached civil law and who is being sued by a plaintiff

liability

legal responsibility for ones acts or omissions

limitation of actions

The restriction on bringing a civil law claim after the allowed time

Plaintiff

The party who males and initiates a legal claim against another party in court

Remedy

any order made by a court or tribunal designed to address a civil wrong or breach. A remedy should provide a legal solution for the plaintiff for a breach od the civil law by the defendant

standard of proof

The degree or extent to which a case must be proved in court

Statement of claim

A document filed by the plaintiff in a civil case to notify the defendant of the nature of the claim, the cause of the claim and the remedy sought

Sue

To take civil action against another person, claiming that they infringed some legal right of the plaintiff (or did some legal wrong that negatively affected the plaintiff)

tribunal

A dispute resolution body that resolves civil disputes and is intended to be less costly, more informal and a faster way to resolve disputes than courts

Vicarious Liability

The legal responsibility of a third party for the wrongful acts of another (and employer’s liability for what their employees do)