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Legal
Legal terms
| Question | Answer |
|---|---|
| Anarchy | A form of society without rulers. A state of disorder due to an absence of authority or other controlling systems. |
| Customary law | The established pattern of behaviour within a social setting. The set of customs, beliefs and practices that are accepted as obligatory rules in a community. |
| Customs | A traditional and widely accepted way of doing things that is specific to a place or time. Common practice. |
| Equality | Being equal in status, rights and opportunities. People receiving the same treatment. |
| Ethics | Moral principles relating to or affirming a group, field or form of conduct. |
| Fairness | Impartial and just treatment without favouritism or discrimination. |
| Justice | Individuals are to be treated in a way that is equal and fair. |
| Law | The system of rules a country/state recognises which are enforceable to regulate behaviour. |
| Legal system | Organised set of laws and regulations. |
| Natural justice | The principles and procedures that govern disputes between people or organisations. The rule against bias and the right to a fair hearing. |
| Procedural fairness | A decision that is made in accordance with statute and the requirements of natural justice. |
| Rule of law | The ideal that all citizens and institutions within a country are to the same laws. It means no one is above the law. |
| Rules | A set of understood instructions that govern an activity/place. A prescribed guide for conduct or action. |
| Tyranny | Cruel or oppressive government or rule. An absolute ruler who is unrestrained by the law. An abuse of power. |
| Values | Principles or standards of behaviour. One’s judgement of what is important in life. |
| Adversarial system | A legal system used in common law countries. Two advocates represent their parties’ case before an impartial judge or jury, who determine the truth and pass judgement accordingly. |
| Appeal | Apply to a higher court for a reversal of a decision made by a lower court. |
| Appellate jurisdiction | The authority of a court to hear appeals of cases decided by lower courts. Have the power to reverse or modify the decision. |
| Bicameral | Two separate chambers of houses in government or legislation. |
| Bill | A draft of a proposed law or regulation. |
| Committal hearing | Preliminary hearing held in the Magistrates Court to determine if there is sufficient evidence for an accused person to stand trial in a higher court. |
| Common law | Customer law based on judicial decisions and reports of decided cases. |
| Concurrent powers | Political or legislative powers exercised by federal and state governments. |
| Defamation | Damaging the good reputation of someone. |
| Delegated legislation | Legislation not made directly by the Act of the Parliament but under their authority. |
| Domestic law | The legal system established within a state to govern events, transitions and people within the state. |
| Equity | Being fair and impartial. |
| Exclusive powers | Legal controls that can only be exercised by one form of government. |
| Ex parte | Done with respect to only one side by an interested outside party. from/out of party/faction of. On behalf of. |
| external affairs power | The Commonwealth’s authority to make laws related to international relations and matters. |
| Federation | A group of states with a central government but independent in internal affairs. |
| indictable offences | An offence which can only be tried on an indictment after a preliminary hearing. An offence where the accused has the right to have the case heard by a higher court. |
| inquisitorial system | A legal system in which the court actively investigates the facts of the case. |
| Jurisdiction | The official power to make legal decisions. |
| legislative powers | Deliberative assembly with the authority to make laws for a political entity like a country or state. |
| mediation | Intervention in a dispute to solve it. |
| obiter dicta | Other things said. A judge’s expression of opinion said in court that is not essential to the decision. |
| opinio juris | An opinion of law or necessity. The belief that an action was carried out as a legal obligation. |
| original jurisdiction | A court’s authority to hear and decide a case for the first time. |
| precedent | An earlier event that is considered as an example or guide to be considered in later events. |
| Ratify | Sign or give formal consent, making it officially valid. |
| ratio decidendi | The rule of law on which a judicial decision is based. |
| referendum | A general vote by the electorate on a single political question that has been referred to them for a direct decision. |
| Residual powers | Power held to remain at the disposal of a government authority. |
| Sanction | A threatened penalty for disobeying a rule or law. or Official permission or approval for an action. |
| stare decisis | A precedent. “To stand by decided matters” |
| summary offences | Minor criminal offences. Penalties aren’t severe. For example, drunk driving. |
| Statute law | A system of laws decided on and approved by a parliament. |
| Terra Nullius | Nobody's land. |
| Treaty | A formally concluded and ratified agreement between states. |
| ultra vires | Beyond one’s legal power or authority. |
| balance of probabilities | Legal standard of proof used in civil trials to determine the liability of a defendant. Used to make legal decisions that do not involve a crime. |
| beyond reasonable doubt | Legal standard of proof to validate a criminal conviction. There is no other logical explanation except that the defendant committed the crime. |
| burden of proof | The obligation to prove an allegation. |
| civil jurisdiction | The authority of a court to hear and decide cases that are not criminal in nature. |
| credibility | Convincing or believable. |
| cross-examination | The formal interrogation of a witness to challenge or extend a testimony. |
| Damages | A sum of money claimed or awarded in compensation for a loss or injury. |
| Defendant | An individual or institution sued or accused in a court of law. |
| examination in chief | The questioning of a witness by the party that has called the witness to give evidence. |
| injunction | A judicial order restraining someone from beginning or continuing an action that threatens or invades the legal rights of another. |
| intellectual property | Intangible property/creations made by people such as patents and copyright. |
| Jury | A body of people sworn to give a verdict on a legal case based on evidence submitted in court. |
| plaintiff | A person who brings a case against another person in court. |
| Pleadings | A formal statement of a claim or defence in response to a complaint. |
| prima facie | Based on the first impression. Accepted until proven otherwise. |
| Private law | A branch of law that deals with the relations between people or institutions. |
| Prosecutor | A person who conducts the case against a defendant in court. |
| Public law | The law of relations between people and the state. |
| specific performance | Equitable remedy in contract law. The court issues an order requiring a party to perform a specific act. |
| standard of proof | The level of certainty and the degree of evidence necessary to establish proof. |
| the state | A nation or territory considered an organised political community under one government. |
| criminal law | The punishment of offenders/criminals. |
| Civil law | Private relations between people or institutions. |
Created by:
Saige Fitzgibbon
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