Glossary - A Flashcards
(26 cards)
Access (to the legal system)
The ability of individuals to exercise their rights in the legal system. Factors such as the cost of legal proceedings and the language used in proceedings may limit the access of individuals to dispute resolution through the law.
Accountability (responsibility)
Political accountability is the requirement that all public officials, both elected and appointed, should be directly or indirectly answerable to the people. Westminster type democracies (Australia) feature an accountability process known as the chain of responsibility.
Acquittal
The judgement of a court that a person charged with a crime has not been proven to be guilty.
Act of Parliament
A legislative proposal or bill that has passed all the required stages in parliament. An act becomes a legally binding statute when it has received Royal assent and has been proclaimed.
Actus Reus
A guilty deed or act.
Address-in-Reply debate
The debate that follows the Governor General’s (or Governor’s) Speech, which sets out the Executive’s legislative program for the next parliamentary session. It is an important opportunity for private members to have input to debate.
Adjournment Debate
The debate concerning the motion to adjourn or suspend the sitting of parliament to another day. In the WA State Parliament thirty minutes is allowed for this debate during which any member of parliament can speak on almost any issue on which they want a minister to take action.
Absolute majority (simple majority)
A candidate achieves an absolute majority in an election if they gain 50% plus one of the valid votes cast in an election. In the Australian system of preferential voting a successful candidate’s total vote (made up of primary votes and votes gained through preference distribution) must be an absolute majority
Adjudication
In law, the act of judging the merits of two competing points of view, more generally a judgement in a case.
Administrative Law
The body of law dealing with the rules regarding the hearing of government administrative agencies such as internal appeal tribunals. All administrative law must operate within the bounds of natural justice.
Admissible evidence (Rules of evidence)
Information or material items allowed as evidence in a trial.
Adversarial system
A legal system based on the principle that justice is best served by allowing competing parties to present their arguments to an impartial third person for adjudication.
Alternative Dispute Resolution (ADR)
The resolution of conflicts and legal disputes privately through methods such as mediation and arbitration. ADR can provide a speedier and less expensive alternative to the formal processes of litigation in the public courts.
Amendment
An alteration to a bill or act.
Appeal
A challenge to a judgement of a lower court in a higher court. The right of individuals to appeal court decisions is a major reason for having a hierarchy of courts.
Appearance
The act of replying to a summons or turning up in court and accepting its jurisdiction.
Appellant jurisdiction/Appellate Court
The authority of a higher court to hear appeals from lower courts. As the pinnacle of the court hierarchy, the High Court has appellant jurisdiction over all judgements of common law or statutory interpretation made by other Australian courts.
Arbitration
An alternative dispute resolution method by which an independent, neutral third party is appointed to hear and consider the merits of dispute and give a final and binding decision. (See conciliation and mediation)
Aristocracy (also plutocracy)
Forms of government based on rule by an elite. Aristocrats claim the right to rule by birth and status whereas in a plutocracy government is controlled by the wealthy. These systems are distinguished from dictatorships as government generally is based on laws rather than arbitrary power.
Arms of Government
A term that distinguishes between the legislative, executive and judicial functions of government.
Arraignment
Court procedure where a charge contained in a criminal indictment is read to the accused who is then asked to plead guilty or not guilty.
Australia Acts
Acts of parliament passed simultaneously by the British and Australian Parliaments in 1986. They abolished appeals from State Supreme Courts to the British Privy Council and formerly removed the right of the British Parliament to make laws affecting Australia. The Australia acts were a major step in establishing the independence of the Australian legal system.
Authoritarian government
A system of dictatorial government based on the unquestioned and complete rule by a leader who ultimately relies on arbitrary violence to maintain control. An example is Italy under Mussolini. (see Totalitarian government)
Authority
A form of power based on consensus regarding the right to issue commands and make decisions. Democratic elections confer the authority of the people on elected representatives.
