Learn: Commerce Law

Law

Rules made and enforced by a government that people must follow.

Rules

Guidelines that tell people what they can and cannot do.

Justice

Fair and equal treatment according to the law.

Court Hierarchy

The ranking of courts from lower courts to higher courts, with higher courts generally hearing more serious cases and appeals.

Jurisdiction

The legal authority of a court to hear and decide a particular case.

Magistrate

A judicial officer who usually presides over cases in the Local Court and makes decisions according to the law.

Local Court

A lower-level NSW court that deals with less serious criminal offences, civil cases, and other matters.

District Court

A NSW court that deals with serious criminal offences, major civil cases and appeals from the Local Court.

Supreme Court

The highest court in a state or territory. It deals with the most serious cases and some appeals.

High Court of Australia

Australia's highest court. It hears important constitutional matters and appeals from other Australian courts.

Court Appeal

A process where a higher court reviews a decision made by a lower court.

Federal Court of Australia

A federal court that deals with matters involving federal laws, including corporations, taxation, industrial relations and administrative law.

Federal Circuit and Family Court of Australia

A federal court that deals mainly with family law, migration, and other federal legal matters.

Coroner's Court

A court that investigates unexpected, unexplained or suspicious deaths, as well as some fires and disasters.

Common Law

Law developed by judges through decisions made in courts rather than being created directly by Parliament.

Precedent

A previous court decision that can be used as a guide when deciding a similar case.

Statute Law

Law made by Parliament through legislation.

Bill

A proposed law that is being considered by Parliament.

Act of Parliament

A Bill that has been passed by Parliament and received Royal Assent, making it a law.

Royal Assent

The formal approval given to a Bill by the Governor-General or Governor, allowing it to become an Act.

Customary Law

Rules and practices that develop from long-established customs and traditions of a community.

Australian Consitution

The highest legal document in Australia that establishes the structure and powers of the Australian government.

Division of Powers

The way law-making powers are divided between the Commonwealth and state/territory governments.

Seperation of Powers

The division of government powers between the Parliament, Executive and Judiciary to prevent too much power being held by one group.

Parliament

The law-making body that debates, creates and changes laws.

Prison Officer

A person responsible for supervising and managing prisoners in a correctional facility.

Members of the Public

Ordinary people who may attend court proceedings, provided the court allows public access.

Judge

An independent judicial officer who hears cases, interprets the law and makes decisions in court.

Judge's Associate

A person who assists a judge with administrative and legal tasks associated with court proceedings.

Sheriff's Officer

A court officer who helps enforce court orders and performs duties such as assisting with the security and operation of courts.

Tipstaff

A court officer who assists the judge with courtroom procedures and security.

Witness

A person who gives evidence to a court about something they saw, heard or otherwise know about.

Evidence

Information, documents, objects or testimony presented to a court to help prove or disprove facts.

Accused

A person who has been formally charged with committing a criminal offence.

Prosecutor

A lawyer who represents the government and presents the case against an accused person in a criminal trial.

Counsel for the Defence

A lawyer who represents and defends the accused person in a criminal case.

Solicitor

A lawyer who provides legal advice, prepares legal documents and may represent clients in some court matters.

Barrister

A lawyer who specialises in representing clients and presenting arguments in court.

Media

Newspapers, television, radio, websites and other organisations that report information to the public.

Jury

A group of members of the public selected to listen to evidence and decide the facts of a case, particularly in serious criminal trials.

Verdict

The formal decision of a court or jury about whether an accused person is guilty or not guilty.

Criminal Law

Law dealing with offences against society or the state, where a person may be prosecuted and punished if found guilty.

Actus Reus

The physical act or conduct that makes up a criminal offence.

Mens Rea

The guilty state of mind or intention required for certain criminal offences.

Beyond Reasonable Doubt

The high standard of proof required in criminal cases. The prosecution must prove the accused is guilty to this standard.

Summary Offence

Indictable Offence

A less serious criminal offence that is generally dealt with in a lower court without a jury trial.

Civil Law

A more serious criminal offence that can be dealt with in a higher court and may involve a jury trial.

Plaintiff

The person or organisation that brings a civil case against another party.

Defendant

The person or organisation responding to a civil claim, or a person accused of a criminal offence.

Balance of Probabilities

The standard of proof used in civil cases. It means something is more likely than not to have happened.

Damages

Money ordered by a court to be paid to compensate someone who has suffered loss or harm.

Injunction

A court order requiring someone to do something or stop doing something.

Tort

A civil wrong that causes harm or loss to another person and may result in legal liability.

Negligence

Failing to take reasonable care when you have a duty to do so, causing harm to another person.

Defamation

Publishing or communicating something that damages another person's reputation and meets the legal requirements for defamation.

Nuisance

An unreasonable interference with another person's use or enjoyment of their property.

Trespass

Unlawfully interfering with another person's property, land or person.

Contract Law

The area of law dealing with legally enforceable agreements between people or organisations.

Family Law

The area of law dealing with family relationships and disputes, including divorce, parenting arrangements and property matters.

Access to Law

The ability of people to understand, use and obtain legal services and remedies regardless of their circumstances.

Legal Aid

Government-funded legal assistance provided to people who cannot afford a lawyer and meet the relevant eligibility requirements.