Yr 11 Legal Studies Key Terms / Vocab (Part 2)

Front 1

public law

Back 1

the body of law governing relationships between individuals and the state, and the structure and operation of government itself (eg. criminal, administrative, and constitutional law)

Front 2

private law

Back 2

the body of law governing relationships between individual (eg. contract law, torts, family law and property law)

Front 3

civil jurisdiction

Back 3

the power of a court to hear matters involving disputes between private individuals, and to award civil remedies

Front 4

damages

Back 4

monetary compensation for harm or loss suffered

Front 5

plaintiff

Back 5

the person who initiates a civil action

Front 6

injunction

Back 6

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

Front 7

specific performance

Back 7

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

Front 8

intellectual property

Back 8

intangible property that has commercial value and can be protected by law, eg. text, images, designs, inventions and computer programs

Front 9

prosecutor

Back 9

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

Front 10

defendant

Back 10

the person who is accused of a crime or a civil wrong; in a criminal case; the defendant is also referred to as the accused

Front 11

the state

Back 11

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

Front 12

onus

Back 12

the burden or duty of proving the case to the court

Front 13

standard of proof

Back 13

the degree or level of proof required in order for the plaintiff (in a civil case) or the prosecution (in a criminal case) to prove their case

Front 14

beyond reasonable doubt

Back 14

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

Front 15

balance of probabilities

Back 15

the standard of proof required in a civil case in order for a plaintiff to succeed in proving the case against the defendant

Front 16

jury

Back 16

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

Front 17

examination in chief

Back 17

questioning a witness, by the barrister who called that witness

Front 18

cross-examination

Back 18

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

Front 19

credibility

Back 19

trustworthiness, reliability, believability

Front 20

burden of proof

Back 20

the responsibility of a party to prove a case in court

Front 21

standard of proof

Back 21

the level of proof required in order for the party that has the burden of proof to succeed

Front 22

pleadings

Back 22

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

Front 23

prima facie

Back 23

(latin) 'on the face': at first sight: having sufficient evidence established against a defendant to warrant a trial in a higher court of law

Front 24

social values

Back 24

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

Front 25

public morality

Back 25

standards of behavior generally agreed upon by the community

Front 26

de facto relationship

Back 26

(from the Latin term meaning 'existing in fact'): a relationship between 2 adults who are not married but are living together as a couple

Front 27

estate

Back 27

all of the property that a person leaves upon death

Front 28

capital punishment

Back 28

the practice of sentencing a person to death by judicial process; also referred to as the 'death penalty'

Front 29

Youth Justice Conferences

Back 29

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

Front 30

Apprehended Domestic Violence Order (ADVO)

Back 30

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

Front 31

forensic

Back 31

relating to the detection and investigation of crime

Front 32

identity theft

Back 32

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

Front 33

fraud

Back 33

a dishonest act, done intentionally in order to deceive

Front 34

terms of reference

Back 34

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

Front 35

harmonisation

Back 35

agreement among the laws of different jurisdictions

Front 36

sedition

Back 36

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

Front 37

hung jury

Back 37

a jury that is unable to reach agreement

Front 38

terms of reference

Back 38

into law enquiry aswell

Front 39

Hansard

Back 39

a full account of what is said in parliament or in parliamentary inquiries; named English printer T.C. Hansard (1776-1833), who first printed a parliamentary transcript

Front 40

table

Back 40

a place on the table for discussion

Front 41

precedent

Back 41

a judgement that is authority for a legal principle, and that serves to provide guidance for deciding cases that have similar facts

Front 42

balance of power

Back 42

the power held by the political party whose vote is needed to pass legislation; usually determined in the upper house of Parliament under the Westminster system of government