Definitions

Question 1

To discharge, to find an accused ‘not guilty’ after trial

Answer 1

Acquit

Question 2

To suspend a court hearing to a future specified day

Answer 2

Adjourn

Question 3

The legal system where two parties debate in front of a judge and/or jury and the parties ask the questions

Answer 3

The Adversarial System

Question 4

Said to be the case, but not yet proved

Answer 4

Alleged

Question 5

A state of society where there may be laws, but they are not enforced by either the police or the courts

Answer 5

Anarchy

Question 6

Is made to the higher court to reconsider the case or rehear. On the grounds of a mistake or questions of law or fact

Answer 6

Appeal

Question 7

Represents a client at court

Answer 7

Barrister

Question 8

The standard of proof required in criminal cases

Answer 8

Beyond Reasonable Doubt

Question 9

Formal agreement between 2 states

Answer 9

Bilateral Treaty

Question 10

The obligation to prove what is alleged. Criminal cases, it rests on the prosecution, who must prove beyond reasonable doubt. Civil cases, it rests on the plaintiff, who must prove on the balance of probabilities

Answer 10

Burden of Proof

Question 11

Law based on customary law and precedents

Answer 11

Common Law

Question 12

Meaning both state and federal governments have legislative power

Answer 12

Concurrent Powers

Question 13

A treaty which is agreed to and proclaimed by a large number of nations

Answer 13

Convention

Question 14

A sentence of imprisonment

Answer 14

Custodial Sentence

Question 15

Control of a person

Answer 15

Custody

Question 16

A procedure based on constant uniform practice of states, oldest form of IL

Answer 16

Customary International Law

Question 17

The different methods for behaving that have been created over many years of tradition

Answer 17

Customs

Question 18

Similar to a convention, is usually a resolution of UN

Answer 18

Declaration

Question 19

A person who has been charged with a criminal offence, or whom a civil action has been brought against

Answer 19

Defendant

Question 20

A decision

Answer 20

Determination

Question 21

The system of law that operates within only one country

Answer 21

Domestic Law

Question 22

The type of law that deals with cases outside of common law. Usually civil cases that involve monetary repayment

Answer 22

Equity

Question 23

Standards that govern the conduct of a person or members of a profession

Answer 23

Ethics

Question 24

The legislative powers of state and federal governments that are exclusive to each

Answer 24

Exclusive Powers

Question 25

The basic right to be treated without any bias or injustice

Answer 25

Fairness

Question 26

Law which is written down in treaties and established by international custom. Once established, its existence cannot be disputed

Answer 26

Hard Law

Question 27

Not allowed to be used as evidence in court

Answer 27

Inadmissible

Question 28

Offences that requires a judge and a jury, and are the serious offences

Answer 28

Indictable Offences

Question 29

The document that lists the charges against the defendant

Answer 29

Indictment

Question 30

A legal system where a judge runs the trial, investigates the evidence and calls witnesses

Answer 30

Inquisitorial System

Question 31

They system of law which governs relationships between countries (sovereign states)

Answer 31

International Law

Question 32

The asking of questions

Answer 32

Interrogation

Question 33

An officer of the crown invested with judicial power

Answer 33

Judge

Question 34

The authority of a court to decide matters brought before it; the geographical limit within which a court order can be enforced

Answer 34

Jurisdiction

Question 35

A member of a jury

Answer 35

Juror

Question 36

A panel of people selected from the general public to decide the guilt or innocence of a person

Answer 36

Jury

Question 37

Principle of IL that may not be contradicted by any state. Any treaty that goes against a customary IL that is ‘jus cogens’ is declared invalid

Answer 37

Jus Cogens

Question 38

Encompasses equality, fairness and access, is the goal of the law

Answer 38

Justice

Question 39

A set of rules imposed on all members of a community which are officially recognised, binding and enforceable by persons or organisations such as the police and/or courts

Answer 39

Law

Question 40

A document that states some contractual relationship or grants some right

Answer 40

Legal Instrument

Question 41

The authority to either make or alter laws

Answer 41

Legislative Powers

Question 42

Assessment of income and assets to see if a person qualifies for financial assistance

Answer 42

Means Test

Question 43

A way of resolving civil disputes instead of having a trial, where the two or more parties meet and discuss terms

Answer 43

Mediation

Question 44

Formal agreement between 3 or more states

Answer 44

Multilateral Treaty

Question 45

A sentence for a criminal offence which does not involve imprisonment

Answer 45

Non-Custodial Sentence

Question 46

The minimum term a prisoner must serve before being eligible for parole

Answer 46

Non-Parole Period

Question 47

A pledge that statements made are true which is made with one’s hand on the bible

Answer 47

Oath

Question 48

Comments made by a judge while making precedent, that are not used as basis for precedent but the judge just says

Answer 48

Obiter Dicta

Question 49

The belief that an acts was carried out because it was a legal obligation

Answer 49

Opinio Juris

Question 50

The court that first heard a specific case

Answer 50

Original Jurisdiction

Question 51

An expression signifying that the agreements and stipulations of the parties to a contract must be observed

Answer 51

Pacta Sunt Servanda

Question 52

To free a prisoner of his or her own recognisances after serving a minimum term

Answer 52

Parole

Question 53

The judge’s explanation for his decision

Answer 53

Precedent/Ratio Decendi

Question 54

Body of rules which govern the rights of the individuals who cross international boundaries

Answer 54

Private International Law

Question 55

The idea that there must be fairness in the processes that resolve disputes

Answer 55

Procedural Fairness

Question 56

The party presenting evidence against the person accused of committing a crime

Answer 56

Prosecution

Question 57

To approve and give permission for

Answer 57

Ratify

Question 58

Capable of being proved wrong in court

Answer 58

Rebuttable

Question 59

A vote by all the citizens in a nation deciding whether to change the Constitution on a specific matter

Answer 59

Referendum

Question 60

Order that a person who is charged with an offence be detained or imprisoned until the charge is heard by a court

Answer 60

Remand in Custody

Question 61

The powers kept by the government after delegating powers

Answer 61

Residual Powers

Question 62

Means that government should be ruled by the law and subject to it. All senior officials and rulers must be subject to the law

Answer 62

Rule of Law

Question 63

Unlike laws, rules only apply to certain people at certain times

Answer 63

Rules

Question 64

Official permission for an action

Answer 64

Sanction

Question 65

Can be seen to be a norm of international behaviours which is not yet hard law

Answer 65

Soft Law

Question 66

Generally a qualified legal practitioner who advises clients, drafts legal documents and instructs barrister

Answer 66

Solicitor

Question 67

The required level to which something must be proved in court

Answer 67

Standard of Proof

Question 68

To stand by precedent that has been previously made

Answer 68

Stare decisis

Question 69

An independent body that can enter into relations with other states and is recognised internationally

Answer 69

State

Question 70

The law made by parliament

Answer 70

Statute Law

Question 71

Offences that can be heard by magistrates alone, no jury. These are the minor offences

Answer 71

Summary Offences

Question 72

Land belonging to no one

Answer 72

Terra Nullius

Question 73

An agreement under international law, made by the government of each nation, most commonly used source of international law

Answer 73

Treaty

Question 74

An oppressive government

Answer 74

Tyranny

Question 75

Beyond the power legally held by a party to perform an act

Answer 75

Ultra Vires

Question 76

Standards of a person’s behaviour

Answer 76

Values

Question 77

A mini-hearing held during a trial on the admissibility of contested evidence

Answer 77

Voir dire

Question 78

Guilty act

Answer 78

Actus reus

Question 79

Guilty mind

Answer 79

Mens rea

Question 80

Action that caused the result

Answer 80

Causation

Question 81

Process by which law is modified and shaped over time to better reflect society and it’s changing views

Answer 81

Law reform