Unit 2 Legal

Abrogate (U1/AOS 1+2) (U2/AOS 3)

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

Access (U1/AOS 1) (U2/AOS 1+2)

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

Act of Parliament (U1/AOS 1+2+3) (U2/AOS 1)

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

Appeal (U1/AOS 1+2+3) (U2/AOS 1+2)

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

Civil Law (U1/AOS 1+3) (U2/AOS 1+2)

an area of law that defines the rights and responsibilities of individuals, groups and organisations in society and regulates private disputes (as opposed to criminal law)

Codify (codification) (U1/AOS 1) (U2/AOS 3)

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

Common Law (U1/AOS 1+2) (U2/AOS 1+3)

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

Court Hierarchy (U1/AOS 1) (U2/AOS 2)

the ranking of courts from lowest to highest according to the seriousness and complexity of the matters they deal with

Crime (U1/AOS 1+2) (U2/AOS 1)

an act or omission that is [1] against an existing law, [2] harmful to an individual or society as a whole, and [3] punishable by law

Criminal Law (U1/AOS 1+2+3) (U2/AOS 1)

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)

Damages (U1/AOS 1+3) (U2/AOS 1+2)

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

Defendant (U1/AOS 1+3) (U2/AOS 1+2)

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

Doctrine of precedent (U1/AOS 1) (U2/AOS 1)

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

Equality (U1/AOS 1) (U2/AOS 1+2)

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, without advantage and disadvantage

Fairness (U1/AOS 1) (U2/AOS 1+2)

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)

House of Representatives (U1/AOS 1) (U2/AOS 3)

the lower house of the Commonwealth Parliament

Jurisdiction (U1/AOS 1) (U2/AOS 1+2)

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

Jury (U1/AOS 1+2) (U2/AOS 1+2)

an independent group of people chosen at random to decide on the evidence of a crime (i.e. verdict)

Plaintiff (U1/AOS 1+3) (U2/AOS 1+2)

(in civil disputes) the party who makes a legal claim against another person (i.e. the defendant) in court

Precedent (U1/AOS 1+3) (U2/AOS 1)

a principle established in a legal case that is followed by courts in cases where the material facts are similar. Precedents can be either binging or persuasion

Remedy (U1/AOS 1+3) (U2/AOS 1+2)

a term used to describe any order made by a court designed to address a civil wrong or breach. A remedy should provide a legal solution for the plaintiff for a breach of the civil law by the defendant and (as much as possible) restore the plaintiff to their original prior to the breach of their rights

Sanction (U1/AOS 1+2) (U2/AOS 1)

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

Senate (U1/AOS 1) (U2/AOS 3)

the upper house of the Commonwealth Parliament

Social Cohesion (U1/AOS 1) (U2/AOS 1+2)

a term used to describe the willingness of members of a society to cooperate with each other in order to survive and prosper

Statute Law (U1/AOS 1+2) (U2/AOS 1+3)

law made by parliament; also known as legislation or Acts of Parliament (as opposed to common law)

Statutory interpretation (U1/AOS 1) (U2/AOS 1)

the process by which judges give meaning to the words or phrases in an Act of Parliament (i.e. statute) so it can be applied to resolve the case before them

The Australian Constitution (U1/AOS 1+3) (U2/AOS 3)

a set of riles and principles that guide the way Australia is governed. The Australian Constitution was passed by the British Parliament and its formal title is the Commonwealth of Australia Constitution Act 1900 (UK)

Accused (U1/AOS 2) (U2/AOS 1)

a person charged with a criminal offence

Bail (U1/AOS 2) (U2/AOS 1)

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

Bail justice (U1/AOS 2) (U2/AOS 1)

a volunteer who works within the justice system, generally outside normal court operating hours, to hear applications for bail, remand and interim or temporary accommodation orders relating to children

Balance of probabilities (U1/AOS 2+3) (U2/AOS 1+2)

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

Beyond reasonable doubt (U1/AOS 2) (U2/AOS 1)

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 (U1/AOS 2+3) (U2/AOS 1+2)

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

Community correction order (U1/AOS 2) (U2/AOS 1)

a non-custodial sanction (i.e. one that doesn't involve a prison sentence) that the offender serves in the community, with conditions attached to the order

Indictable offence (U1/AOS 2) (U2/AOS 1)

a serious offence generally heard before a judge and a jury in the County Court or Supreme Court of Victoria

Indictable offence heard and determined summarily (U1/AOS 2) (U2/AOS 1)

a serious offence which can be heard and determined as a summary offence if the court and the accused agree

Laws (U1/AOS 2) (U2/AOS 1)

Legal rules made by a legal authority that are enforceable by the police and other agencies

Presumption of innocence (U1/AOS 2) (U2/AOS 1)

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

Standard of proof (U1/AOS 2+3) (U2/AOS 1+2)

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

Summary offence (U1/AOS 2) (U2/AOS 1)

a minor offence generally heard by the Magistrates' Court

Victim impact statement (U1/AOS 2) (U2/AOS 1)

a statement filed with the court by a victim, and 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

Counterclaim (U1/AOS 3) (U2/AOS 1+2)

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

Defamation (U1/AOS 3) (U2/AOS 2)

a type of tort which involves the action of damaging a person's personal or professional reputation in the community through the communication of false and untrue statements or information

Discrimination (U1/AOS 3) (U2/AOS 3)

the unfavourable treatment of a person based on a certain attribute (e.g. age, gender, disability, ethnicity, religion or sexuality). Discrimination can either be direct discrimination or indirect discrimination

Duty of Care (U1/AOS 3) (U2/AOS 2)

in relation to negligence, the legal obligation to be cautious and careful, keeping other people in mind when doing anything that could harm them

Freedom of political communication (U1/AOS 3) (U2/AOS 3)

the right of the Australian people to freely discuss and debate political issues, subject to certain restrictions

Injunction (U1/AOS 3) (U2/AOS 2)

a remedy in the form of a court order to do something or not to do something. An injunction is designed to prevent a person doing harm (or further harm), or to rectify some wrong

Mediation (U1/AOS 3) (U2/AOS 2)

a method of dispute resolution, using an independent third party (the mediator) to help the disputing parties reach a resolution

Negligence (U1/AOS 3) (U2/AOS 2)

a type of tort which involves a breach of duty of care, causing loss or harm

Nuisance (U1/AOS 3) (U2/AOS 2)

a type of tort which involves interference with a person's right to use and

Representative proceeding (U1/AOS 3) (U2/AOS 2)

a legal proceeding in which a group of people who have a claim based on similar or related facts, bring that claim to court in the name of one person; also called a class action or a group proceeding

Standard of Care (U1/AOS 3) (U2/AOS 2)

the degree of caution required by a person who owes a duty of care to another

Aggravating factors (U2/AOS 1)

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

Appellate jurisdiction (U2/AOS 1+2)

the power of a court to hear a case on appeal

Committal hearing (U2/AOS 1)

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 (U2/AOS 1)

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

Conviction (U2/AOS 1+3)

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

Cumulative sentence (U2/AOS 1)

when a defendant is found guilty of more than one offence, the judge may sentence them to consecutive (i.e. cumulative) terms for each crime. This means each sentence must be served one after the other rather than at the same time

Delegated body (U2/AOS 1)

an authority or agency given power by the Victorian Parliament to make and/or enforce laws

Denunciation (U2/AOS 1)

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

Diversion program (U2/AOS 1)

a method used in the Magistrate's Court and Children's Court to divert offenders away from the court and avoid a criminal record by placing them on a plan

Domestic violence (U2/AOS 1)

violent or aggressive behaviour and abuse of a spouse or partner

Drug Treatment Order (U2/AOS 1)

a type of sanction imposed by the Drug Court which aims to treat the underlying causes of offending, and which includes both the treatment and custody of the offender

Fine (U2/AOS 1)

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

General deterrence (U2/AOS 1)

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

Human Rights Charter (U2/AOS 1+3)

the Charter of Human Rights and Responsibilities Act 2006 (Vic). Its main purpose is to protect and promote human rights

Imprisonment (U2/AOS 1+3)

a sanction that involves the removal of the offender from society for a stated period of time and placing them in prison

Institutional powers (U2/AOS 1)

the authority (i.e. power) given to bodies (i.e. institutions) such as Victoria Police to undertake certain actions

Jury directions (U2/AOS 1)

instructions given by a judge to a jury either during or at the end of trial

Legal aid (U2/AOS 1+3)

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

Majority verdict (U2/AOS 1+2)

all but one of the members of the jury agree with the decision

Mitigating factors (U2/AOS 1)

circumstances (i.e. factors) considered in sentencing that reduce the seriousness of the offence or the offender's culpability and lead to a less severe sentence

Orders (U2/AOS 1+2)

a way in which a court or tribunal controls the progress of a case by making formal, written requirements and giving directions so that cases are resolved efficiently

Original jurisdiction (U2/AOS 1+2)

the power of a court to hear a case for the first time (i.e. not on appeal from a lower court)

Parliament (U2/AOS 1)

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

Parole (U2/AOS 1)

the supervised and conditional release of a prisoner after the minimum period of imprisonment has been served

Protection (U2/AOS 1)

one purpose of a sanction, a strategy designed to safeguard the community from an offender in order to prevent them from committing further offence (e.g. by imprisoning them)

Punishment (U2/AOS 1)

one purpose of a sanction; a strategy designed to penalise (i.e. punish) the offender and show society and the victim that criminal behaviour will not be tolerated

Recidivism (U2/AOS 1)

re-offending; returning to crime after already having been convicted and sentenced

Rehabilitation (U2/AOS 1)

one purpose of a sanction; a strategy designed to reform an offender in order to prevent them from committing offences in the future

Specific deterrence (U2/AOS 1)

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

Therapeutic justice (U2/AOS 1)

a method used in the criminal justice system to deal with offenders in a way that addresses the underlying causes of crime and seeks to provide offenders with support to avoid further reoffending

Trial by jury (U2/AOS 1)

a type of trial by peers in which an impartial group of randomly selected people hear evidence and hand down a verdict (i.e. decision)

Unanimous verdict (U2/AOS 1+2)

a verdict or decision where all the jury members are in agreement and decide the same way (e.g. they all agree the accused is guilty)

Alternative dispute resolution methods (U2/AOS 2)

ways of resolving or settling civil disputes that do not involve a court or tribunal hearing (e.g. mediation, conciliation and arbitration); also known as appropriate dispute resolution

Arbitration (U2/AOS 2)

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 knows and as arbitral award

Conciliation (U2/AOS 2)

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

Loss of amenity (U2/AOS 2)

reduction in the use or pleasure a person is entitled to have from using public or private property (e.g. through the actions of others)

Mediator (U2/AOS 2)

an independent third party who does not interfere or persuade but helps the parties in a mediation as they try reach a settlement of the matter

Offshore processing (U2/AOS 2)

the use of overseas locations to determine the refugee claims of asylum seekers

Terms of settlement (U2/AOS 2)

a document that sets out the terms on which the parties agree to resolve their dispute

Tribunal (U2/AOS 2)

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

Victorian Civil and Administrative Tribunal (VCAT) (U2/AOS 2)

a tribunal that deals with disputes relating to a range of civil issues heard by various lists (sections), such as the Human Rights List, the Civil Claims List and Residential Tenancies List

Victorian Legal Aid (VLA) (U2/AOS 2)

a government agency that provide free legal advice to the community and low-cost or no-cost legal representation to people who cant afford a lawyer

Bill of Rights amendments (U2/AOS 3)

sections of the US Bill of Rights that state the specific rights of the American people

Charter or bill of rights (U2/AOS 3)

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

Congress (U2/AOS 3)

the federal or national legislature or law-making body in the US

Express rights (U2/AOS 3)

rights that are stated in the Australian Constitution. Express rights are entrenched, meaning they can only be change by referendum

Federal legislature (U2/AOS 3)

a national law-making body, for example, the Commonwealth Parliament in Australia and the Congress in the US

Implied rights (U2/AOS 3)

rights not expressly stated in the Australian Constitution but are considered to exits through interpretation by the High Court