Glossary - A

Question 1

Access (to the legal system)

Answer 1

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.

Question 2

Accountability (responsibility)

Answer 2

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.

Question 3

Acquittal

Answer 3

The judgement of a court that a person charged with a crime has not been proven to be guilty.

Question 4

Act of Parliament

Answer 4

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.

Question 5

Actus Reus

Answer 5

A guilty deed or act.

Question 6

Address-in-Reply debate

Answer 6

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.

Question 7

Adjournment Debate

Answer 7

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.

Question 8

Absolute majority (simple majority)

Answer 8

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

Question 9

Adjudication

Answer 9

In law, the act of judging the merits of two competing points of view, more generally a judgement in a case.

Question 10

Administrative Law

Answer 10

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.

Question 11

Admissible evidence (Rules of evidence)

Answer 11

Information or material items allowed as evidence in a trial.

Question 12

Adversarial system

Answer 12

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.

Question 13

Alternative Dispute Resolution (ADR)

Answer 13

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.

Question 14

Amendment

Answer 14

An alteration to a bill or act.

Question 15

Appeal

Answer 15

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.

Question 16

Appearance

Answer 16

The act of replying to a summons or turning up in court and accepting its jurisdiction.

Question 17

Appellant jurisdiction/Appellate Court

Answer 17

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.

Question 18

Arbitration

Answer 18

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)

Question 19

Aristocracy (also plutocracy)

Answer 19

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.

Question 20

Arms of Government

Answer 20

A term that distinguishes between the legislative, executive and judicial functions of government.

Question 21

Arraignment

Answer 21

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.

Question 22

Australia Acts

Answer 22

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.

Question 23

Authoritarian government

Answer 23

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)

Question 24

Authority

Answer 24

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.

Question 25

Autocracy

Answer 25

Autocracy is rule by one person with virtually unlimited authority. Autocrats generally suppress any opposition to their personal rule.

Question 26

Autonomous powers (or independent powers)

Answer 26

The ability of any government to make decisions that cannot be overturned by another level of government. Australia’s Constitution created a coordinate federation where both the central government (the Commonwealth) and the regional governments (the original states) have some constitutionally guaranteed autonomous powers.