[Key Terms] Legal Studies Yr 11 - Part 3 - Australia

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public law

Back 1

law governing relations between individuals and the state/government (eg. criminal, administrative and constitutional law)

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private law

Back 2

law governing relations between individuals (contract law, torts, family law and property law)

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criminal law

Back 3

rules under which certain acts or omissions are punished by the state

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administrative law

Back 4

law that deals with government powers and decisions made by government bodies

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internal, external and judicial review

Back 5

internal - decision made by a member or officer is reviewed by another in the same agency
external - decision made by a member or officer is reviewed by another outside of the agency
judicial - can only be reviewed by courts

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constitutional law

Back 6

public law that focuses on the rules governing the executive, legislative and judicial functions of government - that is, the Constitution

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civil jurisdiction

Back 7

power of a court to hear private law matters (between private individuals) and to award civil remedies

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contract law

Back 8

agreement, promise between 2 or more parties that is recognised by law

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damages

Back 9

monetary compensation for harm or loss suffered

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plaintiff

Back 10

person who initiates a civil action (like a prosecutor, note they are NOT terms that can be used interchangeably )

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injunction

Back 11

a court order requiring an individual or organisation to perform or (more commonly) not to perform a particular action

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specific performance

Back 12

an order requiring the defendant to perform the acts that the contract obliged him or her to perform

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tort law

Back 13

'civil wrongs', comes from French meaning 'wrong', tort occurs when someone breaches or fails to fulfil a duty that he or she owes to someone
eg.
-negligence, nuisance (public and private), trespass, false imprisonment, defamation

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property law

Back 14

law that governs relations involving things and interests that can be owned and have a commercial value
eg. shares in a company, creative efforts (text, images, designs, inventions, computer programs and other intangible things)

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intellectual property

Back 15

intangible property that has commercial value and can be protect by law

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prosecutor

Back 16

a person formally conducting legal proceedings against someone accused of criminal offence, prosecutor acts on behalf of the state or the Crown

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defendant

Back 17

the person who is accused of a crime or civil wrong; also referred to as 'the accused'

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the state

Back 18

term that is used to refer to the government and the people it governs

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onus

Back 19

burden of duty of proving the case

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standard of proof

Back 20

degree or level of proof required in order for the plaintiff or prosecution to prove their case

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beyond reasonable doubt

Back 21

standard of proof required in a criminal case in order for the prosecution to obtain a conviction against the accused

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balance of probabilities

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standard of proof required in a civil case in order for a plaintiff to succeed

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jury

Back 23

a group of people who listen to all of the evidence in a court case and decide on the verdict

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examination in chief

Back 24

questioning a witness, by the barrister who called that witness

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cross-examination

Back 25

questioning a witness called by the other side, to produce information relevant to one's case or to call the witness's credibility to question

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credibility

Back 26

trustworthiness, reliability, believability

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burden of proof

Back 27

onus, responsibility of a party to prove a case in court

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pleadings

Back 28

written statements of the parties to a civil dispute that set out the issues to be decided by the court

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judges and magistrates

Back 29

seen as the umpires of court cases,

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judge's associate

Back 30

confidential secretary to the judge and is a clerk of the court in which the judge is presiding, he or she generally has a law degree

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Tipstaff

Back 31

supports the judge in procedural and organisational matters when a court is in session, when not in session tipstaff may provide research and administrative support

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solicitors

Back 32

people seeking legal advice usually contact a solicitor first, they do not traditionally represent parties in court, but instead do research and provide legal advice and approach barristers on behalf of their client

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barristers

Back 33

they often specialise in 1 area of law, which allows them to develop a depth of knowledge and expertise in the area
2 main roles of barristers-
- to provide legal advice on the likely outcome of a court case, based on facts provided to them by their client, this allows the client to decide which course of action is best
-represent their client's case in court

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court officer

Back 34

organises the court lists and calls witnesses into the courtroom, he or she administers an oath or affirmation, ensures public are seated in the right ares, and announces the arrival and departure of the judge(s)

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court reporter

Back 35

records the proceedings either in audio, visual, shorthand form

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origin of civil/common law

Back 36

in roman law (of whom used a codified system that uses a set of rules that are applied and interpreted by judges)
common law, was developed by custom
main difference:(civil) judges apply the rules to the cases, (common law) rules are derived in part from specific court rulings

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social values

Back 37

ethical standards that guide people in their thinking about aspects of society

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public morality

Back 38

standards of behaviour generally agreed upon by the whole community

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de facto relationship

Back 39

latin: 'existing in fact', relationship between 2 adults who are not married but living together as a couple

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estate

Back 40

all of the property that a person leaves upon death

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capital punishment

Back 41

death penalty

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Youth Justice Conferences

Back 42

meetings of all the people who may be affected a crime committed by a youth offender, used to help them to accept responsibility for their actions while avoiding the court system

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Apprehended Domestic Violence Order (ADVO)

Back 43

a court order used for the protection of a person involved in an intimate, spousal or de facto relationship

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Domestic Violence Intervention Court Model (DVISCM)

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involves a coordinated response to domestic violence by the police and gov. agencies in an attempt to support victims and break the cycle for violence

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forensic

Back 45

relating to the detection and investigation of a crime

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identity theft

Back 46

obtaining or using the identity of another person in order to commit a range of fraudulent activities, usually to obtain financial gain

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fraud

Back 47

a dishonest act, done intentionally in order to deceive

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terms of reference

Back 48

a set of guidelines used to define the purpose and scope of an inquiry

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harmonisation

Back 49

agreement among the laws of different jurisdictions

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sedition

Back 50

words or acts said or done with the intention of urging others to use force against the government

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hung jury

Back 51

a jury that is unable to reach agreement