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Legal Studies > Definitions > Flashcards

Definitions Flashcards

1
Q

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

A

Acquit

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2
Q

To suspend a court hearing to a future specified day

A

Adjourn

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3
Q

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

A

The Adversarial System

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4
Q

Said to be the case, but not yet proved

A

Alleged

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5
Q

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

A

Anarchy

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6
Q

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

A

Appeal

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7
Q

Represents a client at court

A

Barrister

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8
Q

The standard of proof required in criminal cases

A

Beyond Reasonable Doubt

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9
Q

Formal agreement between 2 states

A

Bilateral Treaty

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10
Q

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

A

Burden of Proof

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11
Q

Law based on customary law and precedents

A

Common Law

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12
Q

Meaning both state and federal governments have legislative power

A

Concurrent Powers

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13
Q

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

A

Convention

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14
Q

A sentence of imprisonment

A

Custodial Sentence

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15
Q

Control of a person

A

Custody

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16
Q

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

A

Customary International Law

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17
Q

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

A

Customs

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18
Q

Similar to a convention, is usually a resolution of UN

A

Declaration

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19
Q

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

A

Defendant

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20
Q

A decision

A

Determination

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21
Q

The system of law that operates within only one country

A

Domestic Law

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22
Q

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

A

Equity

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23
Q

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

A

Ethics

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24
Q

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

A

Exclusive Powers

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25
Q

The basic right to be treated without any bias or injustice

A

Fairness

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26
Q

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

A

Hard Law

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27
Q

Not allowed to be used as evidence in court

A

Inadmissible

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28
Q

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

A

Indictable Offences

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29
Q

The document that lists the charges against the defendant

A

Indictment

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30
Q

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

A

Inquisitorial System

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31
Q

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

A

International Law

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32
Q

The asking of questions

A

Interrogation

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33
Q

An officer of the crown invested with judicial power

A

Judge

34
Q

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

A

Jurisdiction

35
Q

A member of a jury

A

Juror

36
Q

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

A

Jury

37
Q

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

A

Jus Cogens

38
Q

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

A

Justice

39
Q

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

A

Law

40
Q

A document that states some contractual relationship or grants some right

A

Legal Instrument

41
Q

The authority to either make or alter laws

A

Legislative Powers

42
Q

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

A

Means Test

43
Q

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

A

Mediation

44
Q

Formal agreement between 3 or more states

A

Multilateral Treaty

45
Q

A sentence for a criminal offence which does not involve imprisonment

A

Non-Custodial Sentence

46
Q

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

A

Non-Parole Period

47
Q

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

A

Oath

48
Q

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

A

Obiter Dicta

49
Q

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

A

Opinio Juris

50
Q

The court that first heard a specific case

A

Original Jurisdiction

51
Q

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

A

Pacta Sunt Servanda

52
Q

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

A

Parole

53
Q

The judge’s explanation for his decision

A

Precedent/Ratio Decendi

54
Q

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

A

Private International Law

55
Q

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

A

Procedural Fairness

56
Q

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

A

Prosecution

57
Q

To approve and give permission for

A

Ratify

58
Q

Capable of being proved wrong in court

A

Rebuttable

59
Q

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

A

Referendum

60
Q

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

A

Remand in Custody

61
Q

The powers kept by the government after delegating powers

A

Residual Powers

62
Q

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

A

Rule of Law

63
Q

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

A

Rules

64
Q

Official permission for an action

A

Sanction

65
Q

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

A

Soft Law

66
Q

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

A

Solicitor

67
Q

The required level to which something must be proved in court

A

Standard of Proof

68
Q

To stand by precedent that has been previously made

A

Stare decisis

69
Q

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

A

State

70
Q

The law made by parliament

A

Statute Law

71
Q

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

A

Summary Offences

72
Q

Land belonging to no one

A

Terra Nullius

73
Q

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

A

Treaty

74
Q

An oppressive government

A

Tyranny

75
Q

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

A

Ultra Vires

76
Q

Standards of a person’s behaviour

A

Values

77
Q

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

A

Voir dire

78
Q

Guilty act

A

Actus reus

79
Q

Guilty mind

A

Mens rea

80
Q

Action that caused the result

A

Causation

81
Q

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

A

Law reform

Legal Studies (3 decks)

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