Save
Busy. Please wait.
Log in with Clever
or
show password
Forgot Password?
Don't have an account?  Sign up 
Sign up using Clever
or
Username is available taken
show password


Make sure to remember your password. If you forget it there is no way for StudyStack to send you a reset link. You would need to create a new account. Your email address is only used to allow you to reset your password. See our Privacy Policy and Terms of Service.

Already a StudyStack user? Log In

Reset Password
Enter the associated with your account, and we'll email you a link to reset your password.
focusNode
Didn't know it?
click below
 
Knew it?
click below
Don't Know
Remaining cards (0)
Know
0:00
edit
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.

  Normal Size     Small Size show me how

Australian courts

TermDefinition
Constitutional monarchy A system of government where a monarch shares power with a constitutional government.
Parliament The highest form of law consists of the house of representatives, the senate and the governor general on behalf of the king.
Legislative process The procedures in which a law goes through in order to become a law.
Preferential system Used in the absolute majority system where a candidate must receive at least 50% of the votes in the count.
Proportional representation system This system ensures the elected members represent approximately the % of votes they received. If they received 30% of the votes they occupy 30% of the seats in parliament.
Bill A draft of a proposed law presented for discussion.
Act A written law passed by the parliament.
Civil law Defines the rights and responsibilities of individuals, government entities and private non-government organisations in their interactions together.
Appeal A request to a higher court for a reversal of the decision of a lower court.
Magistrate A civil officer who administers the law, especially one who conducts a court that deals with minor offences.
Democracy A system of government where the whole population chooses who is in power by selecting a representative.
Constitution The fundamental principles according to which a state or country is acknowledged to be governed.
Separation of powers A system to separate the people in power so no one branch has too much power.
Executive A person with the power to put plans into action or effect.
Common law The part of English law that is derived from custom or judicial precedent rather than the house or reps or the senate.
Criminal law A system of law concerned with the punishment of offenders.
Examples of Criminal law Murder, assaults, fraud, white-collar crime, corporate crime, sexual assault, larceny, drink driving, negligent and dangerous driving, drug supply and importation, firearms, domestic violence, break and enter.
Examples of Civil law Unpaid debts, fines, discrimination, damages, negligence, divorce, property and child custody disputes between parents.
Summary offence A crime considered to be less serious.
Indictable offence A crime considered to be very serious.
Possible verdicts Guilty or Not Guilty
Mens Rea The intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused.
Actus Reus Action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused.
The prosecution The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant. eg DPP vs Smith.
The defendant The person who is charged with a criminal offence in a criminal case.
Jury A group of the general public assembled during a court case to help determine a guilty or not guilty verdict.
Standard of proof Must be proven guilty beyond reasonable doubt.
Judge Decides the sentence in an indictable offence after the jury declares a verdict.
Presumption of innocence Innocent until proven guilty.
Manslaughter The unlawful killing of a person that lacks malice aforethought
Malice aforethought The intention to kill or cause serious bodily harm to another person.
Murder The unlawful killing of another person, includes malice aforethought.
Examples of homicide Child homicide, infanticide, culpable driving causing death, murder, manslaughter.
Residual powers Any laws mentioned in the constitution.
Exclusive powers Only the commonwealth parliament can make laws.
Concurrent powers Shared by both the commonwealth and state parliaments, both can make laws.
Diminished responsibility Available for murder cases where someone lacks mens rea.
Doli Incapax Lacking the capacity to be guilty of an offence; for example, children under 10.
Civil liability A term used to describe the legal responsibility of a party for loss or harm caused to another party because of a breach of civil law.
Tort A term that literally means "wrong".
Verdict in a civil case Liable or Not Liable
Created by: GuyPerson_
Popular Law sets

 

 



Voices

Use these flashcards to help memorize information. Look at the large card and try to recall what is on the other side. Then click the card to flip it. If you knew the answer, click the green Know box. Otherwise, click the red Don't know box.

When you've placed seven or more cards in the Don't know box, click "retry" to try those cards again.

If you've accidentally put the card in the wrong box, just click on the card to take it out of the box.

You can also use your keyboard to move the cards as follows:

If you are logged in to your account, this website will remember which cards you know and don't know so that they are in the same box the next time you log in.

When you need a break, try one of the other activities listed below the flashcards like Matching, Snowman, or Hungry Bug. Although it may feel like you're playing a game, your brain is still making more connections with the information to help you out.

To see how well you know the information, try the Quiz or Test activity.

Pass complete!
"Know" box contains:
Time elapsed:
Retries:
restart all cards