legal glossary

Question 1

What is the legal definition of a Bill?

Answer 1

A Bill is a proposed law that is presented to Parliament for debate and approval.

Example: The Voluntary Assisted Dying bill passed by the Victorian Parliament in 2017.

Question 2

What is the legal definition of a legal rule?

Answer 2

A legal rule is a formal law enacted by a governing body, such as the Voluntary Assisted Dying Act 2017.

The Act allows eligible Victorians to request access to voluntary assisted dying.

Question 3

What is the legal definition of a non-legal rule?

Answer 3

A non-legal rule is an informal guideline or policy not enforceable by law.

Example: Students at McKinnon Secondary College must not bring mobile phones to class.

Question 4

What is the definition of Criminal law?

Answer 4

Criminal law is the body of law that relates to crime and punishment.

Example: The offence of murder as defined in the Crimes Act 1958.

Question 5

What does Civil law protect individuals from?

Answer 5

Civil law protects individuals from rights infringements such as:
* Discrimination
* Negligence
* Defamation

It provides for monetary compensation called damages if laws are broken.

Question 6

What is social cohesion?

Answer 6

Social cohesion refers to the bonds that bring society together, ensuring mutual respect and solidarity among its members.

Question 7

What is the role of Parliament?

Answer 7

The role of Parliament includes making laws, representing the electorate, and scrutinizing the government.

Question 8

What is a plea hearing?

Answer 8

A plea hearing is a court proceeding where a defendant enters a plea of guilty or not guilty.

Question 9

What are mitigating factors in sentencing?

Answer 9

Mitigating factors are circumstances that may reduce the severity of a sentence.

Examples include lack of prior criminal history or showing remorse.

Question 10

What are aggravating factors in sentencing?

Answer 10

Aggravating factors are circumstances that may increase the severity of a sentence.

Examples include prior convictions or the use of violence.

Question 11

What is the difference between concurrent and consecutive sentencing?

Answer 11

Concurrent sentencing means serving multiple sentences at the same time, while consecutive sentencing means serving them one after the other.

Question 12

What is the legal definition of consumer law?

Answer 12

Consumer law governs the rights of consumers and the obligations of businesses regarding the sale of goods and services.

Question 13

What is the consumer’s entitlement under Australian consumer rights?

Answer 13

Consumers are entitled to a refund or replacement for a major problem with a product covered by consumer guarantees.

Question 14

Who is the prosecution in a legal trial?

Answer 14

The prosecution is the legal party responsible for presenting the case against an accused person in a criminal trial.

Question 15

What is the legal definition of a plaintiff?

Answer 15

A plaintiff is a person who brings a case against another in a court of law.

Example: Rebel Wilson was the plaintiff in her defamation case.

Question 16

What are legal damages?

Answer 16

Legal damages are monetary compensation awarded to a plaintiff for loss or injury.

Example: Rebel Wilson’s legal damages were reduced from $4.5 million to $600,000.

Question 17

What is defamation?

Answer 17

Defamation is the act of damaging someone’s reputation by making false statements about them.

Example: Geoffrey Rush was awarded $2.9 million for defamation.

Question 18

What is negligence in a legal context?

Answer 18

Negligence is the failure to take reasonable care to avoid causing injury or loss to another person.

Question 19

What can employers be sued for in cases of negligence?

Answer 19

Employers can be sued for failing to protect employees from workplace bullying and harassment.

Question 20

What is the legal definition of crime?

Answer 20

A crime is an act or the commission of an act that is forbidden or punishable by law.

Question 21

What is the difference between summary and indictable offences?

Answer 21

Summary offences are minor crimes typically handled in lower courts, while indictable offences are serious crimes that require a higher court trial.

Question 22

What is the legal definition of parole?

Answer 22

Parole is the conditional release of a prisoner before the completion of their sentence.

Question 23

What is the legal definition of non-parole?

Answer 23

Non-parole refers to the period of a sentence that must be served in prison without the possibility of parole.

Question 24

What is culpable driving causing death?

Answer 24

Culpable driving causing death is a criminal offence involving the unlawful killing of another person through negligent or reckless driving.

Question 25

What is dangerous driving causing death?

Answer 25

Dangerous driving causing death is a criminal offence that results from driving in a manner that poses a significant risk to others and causes death.

Question 26

What is the difference between bail and remand?

Answer 26

Bail allows a person to be released from custody while awaiting trial, while remand means a person is held in custody until their trial.

Question 27

What are the three principles of criminal law?

Answer 27

The three principles of criminal law include: * Presumption of innocence * Burden of proof * Right to a fair trial.

Question 28

What is the difference between sanctions and legal damages?

Answer 28

Sanctions are penalties imposed for criminal offences, while legal damages are compensations awarded in civil cases.

Question 29

What are the four purposes of sanctions?

Answer 29

The purposes of sanctions include: * Deterrence * Punishment * Rehabilitation * Protection of the community.

Question 30

What is the role of a jury?

Answer 30

The role of a jury is to assess evidence and make a decision regarding the guilt or innocence of a defendant in a trial.