Civics and Citizenship Flashcards
Humanities - Key Words (29 cards)
What is an adversarial system?
A system of trial in which the two sides argue their case and the judge or magistrate acts as an independent umpire.
What does prosecution mean?
Taking legal action against someone for committing a crime.
Who is the defendant in a court case?
The person in court who is accused of committing a crime.
What is a plaintiff?
The person who brings a case to court, saying someone else did something wrong.
What is the role of a judge?
The person in charge of the court, ensuring a fair trial and deciding the final ruling of a case.
Define magistrate.
A type of judge who handles smaller cases in court and makes legal decisions.
What does discrimination refer to?
The treatment of an individual in an unfavourable manner based on an actual or perceived personal characteristic protected by the law.
What is jurisdiction?
The power or authority of a court to hear specific types of disputes and cases.
What are summary offences?
Simple or less serious offences that are heard by a magistrate.
Define indictable offences.
Offences that are generally more serious, heard initially by a magistrate but then passed on to a higher court.
What are either way offences?
Offences for which a magistrate can decide whether they hear the case, or send it to a higher court.
What is a jury?
In criminal cases, the 12 people who are randomly selected to decide the guilt or innocence of an accused based on the evidence presented in court.
What is bail?
An agreement to release the accused person into the community while awaiting trial.
What does surety mean in the context of bail?
When bail is granted, a sum of money is deposited with a court as a guarantee that an accused will abide by the conditions of bail.
What does it mean to be remanded in custody?
To be held by the authorities until a case is heard in court.
Define mediation.
A process of settling disputes in which a neutral third party assists the parties to reach an agreement.
What is a consent order?
A written agreement reached by the parties to a dispute and approved by the court.
Who is a complainant?
A person complaining about another person or organisation.
Define respondent.
The individual or organisation responding to a complaint lodged against them.
What is negligence?
Failure to take reasonable care when a person or organisation is legally required to do so.
What does common law refer to?
Judge-made law or law developed by judges through the decisions brought before the courts.
What is a precedent?
A legal principle established by a court in resolving a dispute, expected to be followed in later cases.
What is meant by duty of care?
A responsibility to ensure the safety of any persons whom we can reasonably foresee might be affected by our actions.
What is the judiciary?
The collective name given to the judges who preside over law courts.
