Glossary - M

Question 1

Magistrates Court

Answer 1

The lowest court in Australian court hierarchies that hears the less serious criminal and civil disputes. The Western Australian Magistrates Court deals with all simple offences and some indictable offences under criminal law and also with civil disputes up to a value of $75000.

Question 2

Magna Carta

Answer 2

A document signed by King John in 1215, conceding that the king is subject to the law and acknowledging fundamental legal rights such as trial by jury. It is considered to be a foundation of modern legal and political freedoms.

Question 3

Main committee

Answer 3

An alternative pathway for the Consideration-in-Detail of bills by the House of Representatives, often used for bills on which agreement can be readily be reached. The main committee sits concurrently with a sitting of the House. It’s decisions are reported back to the House and if these are accepted the bill proceeds to its Third Reading. This parallel process enables the House of Representatives to devote more time to other business. The main committee also hears reports.

Question 4

Major Party

Answer 4

Political parties that can achieve a majority or near-majority of seats in the House of Representatives. Characteristics of major parties include a broad support base, the organisational capacity to contest all or most seats, a wide-ranging philosophy and a comprehensive set of policies. Examples are the Liberal Party of Australia and the Australian Labour Party.

Question 5

Majoritarian electoral systems

Answer 5

Electoral systems based on single member electorates that generally lead to election outcomes in which one party or coalition achieves a clear majority of parliamentary seats. Majoritarian systems may require a successful candidate to achieve a simple majority (first past the post voting systems) or an absolute majority (preferential voting system) of the votes cast in an electorate.

Question 6

Majority verdict

Answer 6

A jury decision that is not unanimous but is still accepted as a clear verdict. Majority verdicts are not accepted in all jurisdictions. States that allow some use of majority verdicts variously require the verdict to be 11-1, 10-2 or 9-3.

Question 7

Malapportionment

Answer 7

The drawing of electoral boundaries to allow a large variation in the number of constitutes in different electorates. Malapportionment was a deliberate feature of early democratic systems and was intended to give greater political power to land owners in non-urban electorates. Up to the 2008 election, the boundaries used for the Legislative Assembly in WA still featured significant malapportionment.

Question 8

Mandate

Answer 8

The authority provided by voters to a successful political party to pursue its policies in parliament. The winning party or coalition have a government mandate to enact legislation and carry out administration based on the policies put to the people in the election that brought it to power. In recent years minor parties who hold the balance of power in the Senate have argued that they have a mandate to act as a check on government actions and to seek amendments of government bills.

Question 9

Magistrate

Answer 9

A person who administers justice in a Magistrates Court. Magistrates are referred to as Sir, Ma’am or Your Worship.

Question 10

Mandatory Sentencing

Answer 10

Laws that remove judicial discretion in the setting of criminal sanctions. Under mandatory sentencing laws passed in the NT and WA in the 1990s courts delivering sentences for property crimes were required to apply fixed terms of detention to repeat offenders.

Question 11

Marginal seat

Answer 11

A classification used by the Australian Electoral Commission to refer to seats in which the winning party holds between 50% and 56% of the two party preferred vote. (See fairly safe seat and blue ribbon or safe seat.)

Question 12

Mass media

Answer 12

The general term for organisations that provide information, opinion and entertainment to large numbers of people. The mass media includes newspapers, radio, television, film and the Internet.

Question 13

Matters of public importance

Answer 13

A parliamentary procedure that allows MPs to speak in parliament about current events if the matter is not covered by other debates in the chamber. It is one of the procedures that enable MPs to raise issues concerning their constituents or add to public debate on an important issue.

Question 14

Maxim

Answer 14

A legal tradition, principle or rule, often expressed as a ‘saying’ in Latin. Examples are ejusdem generis and noscitur a sociis.

Question 15

Mens rea

Answer 15

A guilty state of mind or an intention to commit an offence.

Question 16

Mention Court

Answer 16

An operation of the Magistrates Court. The Mention Court hears an indictment for a criminal offence and transfers the case to a higher court.

Question 17

Micro party

Answer 17

An organisation that contests elections for the purpose of raising its profile and putting pressure on larger parties. Micro parties are single-issue pressure groups that nominate candidates in elections.

Question 18

Minister

Answer 18

A member of Parliament who is a member of the government and has responsibility for a portfolio covering an area of government policy and administration (e.g.;Minister for Foreign Affairs).

Question 19

Ministry

Answer 19

The collective term for all of government ministers. In some Australian parliaments the ministry is divided into the cabinet (inner ministry) and the outer ministry.

Question 20

Minority government

Answer 20

A government that does not hold a majority of seats in the lower house of Parliament and can only remain in power with the support of independents and/or minor parties.

Question 21

Minor party

Answer 21

Parties that do not have the broad support base required to win sufficient lower house seats in a general election to form the government or the opposition. Minor parties often are primarily associated with specific policy areas (the Greens) for represent the interests of a minority in the population (the National Party). Minor parties can wield power in parliament by holding the balance of power or by forming a coalition with other parties.

Question 22

Mirror Representation

Answer 22

The principle that the background of elected representative, especially the racial origins, ethnicity, sex, social class, and occupational background should be a good reflection of the background of the general population. This is also called microcosmic representation.

Question 23

Mischief rule

Answer 23

One of the three standard approaches of a court to the interpretation of statutes. If the meaning of an act is unclear the mischief rule requires judges to assess the purpose of the legislation or the mischief the act seeks to prevent.

Question 24

Misdemeanour

Answer 24

A minor breach of law (such as a traffic offence). If it proceeds to court it is dealt with in the Magistrates Court through a summons.

Question 25

Misery index

Answer 25

A measure of the economic well-being (or lack of well-being) of a community. The misery index is calculated by adding together the unemployment rate and the inflation rate.

Question 26

Mistrial

Answer 26

When, because of some fundamental error in that legal proceedings or the inability of the jury to reach a decision, the original trial result is set aside and another trial must be held.

Question 27

Mixed member electoral system

Answer 27

And electoral system that provided each voter with two votes each to elect members of a single house of parliament. Using these two votes, the electoral system can combine majoritarian voting and proportional voting systems in an election for a single house of Parliament. Used in elections for the New Zealand house of representatives and for the Scottish parliament.

Question 28

Monarchy (also absolute monarchy and constitutional monarchy)

Answer 28

A system of government where a single person rules and where political authority is based on inherited position. In an absolute monarchy the monarch is above the law and governs in and authoritarian manner. In a constitutional monarchy the monarchs powers are mainly ceremonial and the authority to make law belongs to elected representatives of the people.

Question 29

Money Bill

Answer 29

A bill that provides authority to the government to raise taxes or spend money for a particular purpose.

Question 30

Multi-member electorate

Answer 30

Multi-member electorates elect more than one member to Parliament. The proportional representation voting system requires multimember electorates.