Legal Terminology

Question 1

The Australian constitute

Answer 1

A set of rules and principles that guide the way Australia is governed

Question 2

Bicameral parliament

Answer 2

A parliament with two houses (also called chambers) Upper house and lower house

Question 3

By laws

Answer 3

Local laws or regulations made by local councils that apply to residents in local areas

Question 4

Federation of Australia

Answer 4

Union of sovereign states that gave up some power to a central authority to form Australia

Question 5

Government

Answer 5

The ruling authority with power to govern

Question 6

Independents

Answer 6

Individuals who stand as candidates in an election and don’t belong to a political party

Question 7

Law

Answer 7

Legal rules made by legal authorities

Question 8

Non-legal rules

Answer 8

Laws made by individuals or groups in society

Question 9

Parliament

Answer 9

A formal assembly of representatives of the people, elected by the people and gathers together to make laws

Question 10

Political party

Answer 10

An organisation that represents a group of people with shared values and ideas

Question 11

Rule of law

Answer 11

The principal that everyone in society is bound by law and must obey it

Question 12

Sanction

Answer 12

A penalty (eg. fine or prison sentence) imposes by court on a person guilty of a criminal offence

Question 13

The Westminster parliamentary

Answer 13

A parliamentary system of government that developed in Britain and upon which Australia’s parliamentary system is modelled

Question 14

Access

Answer 14

A PRINCIPLE OF JUSTICE!!

All people should understand their legal rights and pursue their case

Question 15

Binding precedent

Answer 15

The legal reasoning for a decision of a higher court that must be followed by a lower court in same jurisdiction (e.g Court hierarchy)

Question 16

Civil law

Answer 16

An area of law that defines the rights and responsibilities of individuals, groups and organisations in society and regulates private disputes (as opposed to criminal law)

Question 17

Common law

Answer 17

Law made by judges through decisions made in cases; also known as case law or judge- made law (as opposed to statute law)

Question 18

Criminal law

Answer 18

An area of law that defines a range of Behaviours and conduct that are prohibited (e.g crimes) and outlines sanctions for people who commit them (as opposed to civil law

Question 19

Equality

Answer 19

One of the principles of justice; equality means people should be equal before the law and have the same opportunity to present the case is anyone else, without advantage or disadvantage

Question 20

Fairness

Answer 20

One of the principles of justice; fairness means having fair processes and a fair hearing (e.g. the parties in a legal case should have an opportunity to know the facts of the case another opportunity prior to present the side of the vents and the pre-hearing and hearing processes should be fair and impartial)

Question 21

Government

Answer 21

The ruling authority with power to govern, formed by the political party that holds the majority in the lower house in each parliament. The members of parliament who belong to this political party form the government

Question 22

House of Representatives

Answer 22

The lower house of the Commonwealth parliament

Question 23

Legislative assembly

Answer 23

The lower house of the Victorian parliament

Question 24

Legislative council

Answer 24

The upper house of the Victorian parliament

Question 25

Persuasive precedent

Answer 25

The legal reasoning behind the decision of a lower (or equal) court within the same jurisdiction, or a court in a different jurisdiction that may be considered relevant and therefore used as a source of influence even though it is not binding (see binding precedent)

Question 26

Precedent

Answer 26

A principal established in legal case that is followed by courts in cases where the material facts are similar presidents can either be binding or potatoes or persuasive

Question 27

Ratio decidendi

Answer 27

A Latin term meaning ‘the reason’; the legal reasoning behind a judges decision. Ration decidendi forms the binding part of precedent

Question 28

Senate

Answer 28

The upper house of the Commonwealth parliament

Question 29

Social cohesion

Answer 29

A term used to describe the willingness of members of society to cooperate with each other in order to survive and prosper

Question 30

Statute

Answer 30

A law passed by Parliament, also known as an act of parliament