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Legal Terms

QuestionAnswer
Bicameral Two houses of parliament (usually upper and lower house)
Unicameral One house of parliament (eg legislative assembly - ACT/NT
Liberal democracy People have the right and freedom to choose representatives in parliament.
Representative government Government elected by the people for the people.
Constitutional monarchy Shared power between crown and constitutionally organised government.
Hung parliament Where the party fails to win 76 seats in the house of representatives. Failure to secure a majority of seats in the lower house.
Parliamentary majority A party or coalition of parties must have the support of the majority of members in the House of Representatives to form government.
Minority government The minor parties join with the independents and form the majority.
Cabinet The group of senior ministers in a government.
Crown Head of state (monarch) - represented by Governor General/Governor.
Constitution The set of basic rules by which a country or state is governed; Australia's constitution is set out in the Commonwealth of Australia Constitution Act.
Structural protections Structural protection is one means by which the Constitution attempts to protect democratic human rights.
Government The group of people with the authority to govern a country or state; a particular ministry in office.
Parliament An assembly of elected representatives, usually having an upper and a lower house which, with the head of state (the Queen, represented by the Governor-General or Governor), makes the laws for the country or state.
Separation of powers Separation of powers refers to the division of a state's government into branches - legislative, executive, and judiciary powers.
Concurrent powers Power which, under the Constitution, may be exercised by both the Commonwealth and the states
Residual powers Power held to remain at the disposal of a governmental authority after an enumeration or delegation of specified powers to other authorities.
Tribunal A body established to settle certain types of dispute.
Jurisdiction The official power to make legal decisions and judgements.
Prosecute Institute or conduct legal proceedings against (a person or organisation).
Indict formally accuse of or charge with a crime.
In camera In private, in particular taking place in the private chambers of a judge, with the press and public excluded.
Culpability How much a person is to blame.
Mens rea Guilty mind = intent to commit the guilty act. Eg. Scott makes sure no one is looking, takes the $50 and puts it in his wallet.
Actus reus Guilty Act (illegal, harmful and punishable). Eg. Scott steals $50 from till at work.
Accessory Assists in crime being committed or interferes with investigation. Eg. Jenny keeps other staff busy so Scott can take money.
Principal Offender Person who commits the crime. Eg. Scott intentionally takes $50.
Burden of proof Who has to rebut presumption of innocence (prove guilt). Criminal case = prosecution.
Standard of proof Measure of guilt on abscess of evidence. Criminal case = beyond reasonable doubt.
Prosecution (Party in criminal trial) Proves guilt of the accused on the basis of evidence.
Defence (Party in criminal trial) Accused defending innocence during trial. Or Argued by accused to escape/reduce guilt. Eg. Scott claims he took $50 because Jenny forced him.
Sanction Penalty imposed if a person is found guilty. Eg. Jail, fine, community corrections order.
Strict liability Only need to show actus reus. Guilt established irrespective of intent. Eg. Speeding.
Summary offence Lower level offences. Usually punishable by fine/CCO. Eg. Shoplifting, vandalism.
Indictable offence Serious offences. Usually punishable by jail. Eg. Sex offemces, homicide, assualt.
Indictable offence summarily Semi serious offences that can be dealt with in lower courts and usually don’t attract jail sentences.
Presumption of innocence A legal principle that every person accused of any crime is considered innocent until proven guilty.
Created by: summer.norton
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