Glossary Terms - Test 1 Term 1

Question 0

What is a plaintiff and where are they based?

Answer 0

They are the person who is suing another for a wrong doing and is based in civil law.

Question 1

What is a witness?

Answer 1

A person that can provide evidence for either side of the case.

Question 2

What is Coroners Court?

Answer 2

It determines the factors that lead to death.

Question 3

What is a Solicitor and where can they represent?

Answer 3

They are everyday lawyers and can represent in Magistrates Court.

Question 4

Where do Barristers represent and specialise?

Answer 4

Defence Barristers represent in County, Supreme and High Court, they specialise in criminal law.

Question 5

What does a judge do?

Answer 5

Oversees and imposes sanctions in all court cases.

Question 6

What does a jury do?

Answer 6

Determines whether someone is guilty or not guilty of an act.

Question 7

What does a judges assistant do?

Answer 7

Assists judge by managing their workload, up to dat schedule etc.

Question 8

What does a tipstaff do?

Answer 8

Calls personnel to the court room, manages proceeding of the court room, eg; ‘all rise’.

Question 9

What does a crown/police prosecutor do?

Answer 9

They work on behalf of the government to convict people of crimes in the court room.

Question 10

Who is the Accused?

Answer 10

In criminal law the are the person defending the action/wrong doing.

Question 11

Who is the defendant?

Answer 11

In civil law they are the person defending the actions/wrong doing.

Question 12

What does sue mean?

Answer 12

Bringing a civil case against someone, trying to gain compensation/money.

Question 13

What are the Laws of Torts?

Answer 13

They are based in civil law.

Negligence: where a person fails to take reasonable care & injures another person.

Defamation: where a person injures another persons reputation.

Nuisance: where a person causes unreasonable inference with another persons rights.

Trespass: where a person interferes with another persons property.

Question 14

What are jurisdictions?

Answer 14

The roles and powers of each court.

Question 15

Magistrates court

Answer 15

• Lowest state court
• Fines and compensation lower than $100,000
• judge no jury
• max penalty, two years

Question 16

County court

Answer 16

• Middle State Court
• civil cases over $100,000
• indictable offences except murder and treason
• judge and jury
• appeals from magistrates court

Question 17

Supreme Court

Answer 17

Highest State Court

• treason, murder and murder related cases
• appeals from county

Question 18

High Court

Answer 18

Highest Court in Australia

• federal court
• appeals from Supreme Court
• constitutions
• human rights cases

Question 19

Committal hearing

Answer 19

Cases must be first heard in Magistrates court to determine the severity of the cases.

Question 20

Indictable offences

Answer 20

Serious crimes, usually result in jail term.

Question 21

Summary offences

Answer 21

Minor crimes

Question 22

Burden of proof

Answer 22

Criminal:
Police have to prove 100% true

Civil:
Have to proof more than likely not.

Question 23

Standard proof

Answer 23

The amount of proof needed to prove case.

Question 24

Law of contracts

Answer 24

Binding agreement

Question 25

Criminal liability

Answer 25

Being accountable for your actions.

Question 26

What does anarchy mean?

Answer 26

A state of disorder due to absence or non-reconigition or other controlling system.

Question 27

What is an appeal?

Answer 27

To make a serious,urgent, or heartfelt request. If you believe that the court hasn't brought justice to your case.

Question 28

What is a trial?

Answer 28

A formal examination of evidence by a judge typically before a judge, in order to decide guilt in a case of criminal or civil proceedings.

Question 29

Wha is a sanction?

Answer 29

A threatened penalty for disobeying a law or rule.

Question 30

What is a Magistrate? 'The person'

Answer 30

A civil officer who administrates the law, especially one who conducts a court that deals with minor offences and holds preliminary hearings for more serious ones.

Question 31

What is the family court?

Answer 31

Limited to jurisdictions that hears cases involving family law, example; divorce child custody, domestic abuse. It is governed by state and local law.

Question 32

What does remand mean?

Answer 32

Place (a defendant) on bail or in custody, especially when the trial is adjourned.

Question 33

What is Court Hierachy?

Answer 33

The levels of courts and we have them so you ha e somewhere to appeal and they can specialise/focus in certain offences.

Question 34

What is am identification parade?

Answer 34

A group of people including a suspect for a crime assembled for the purpose of having an eye witness identify the suspect from among them.

Question 35

What is culpable driving?

Answer 35

Killing someone while driving a car, caused by your own negligence.

Question 36

What does bail mean?

Answer 36

The temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court.

Question 37

What is accused?

Answer 37

A person or group of people who are charged with or on trial for a crime.

Question 38

What is a summons?

Answer 38

An order to appear before a judge of magistrate or the right containing such an order.

Question 39

What is the victim?

Answer 39

A person harmed, injured or killed as a result of a crime, accident, or an event or action.

Question 40

What is the offender?

Answer 40

A person who committed an illegal act.

Question 41

What does 'Beyond Reasonable Doubt' mean?

Answer 41

Standard of evidence required to validate a criminal conviction.

Question 42

What is the Adversarial System?

Answer 42

A legal system, where two parties present their case in front of a judge or jury.

Question 43

What does 'Balance of Probabilities'?

Answer 43

Only in civil court, beyond reasonable doubt.