Unit 3 AOS1 Legal terminology Flashcards Preview

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Flashcards in Unit 3 AOS1 Legal terminology Deck (48)
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1

burden of proof

the obligation (i.e. responsibility) of a party to prove a case. The burden of proof usually rests with the party who initiates the action (i.e. the plaintiff in a civil dispute and the prosecution in a criminal case)

2

Director of Public Prosecutions (DPP)

the independent officer responsible for commencing, preparing and conducting prosecutions of indictable offences on behalf of the Crown

3

equality

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

4

fairness

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 and have the opportunity to present their side of events; and the pre-hearing and hearing (or trial) processes should be fair and impartial)

5

Human Rights Charter

the Charter of Human Rights and Responsibilities Act 2006 (Vic). Its main purpose is to protect and promote human rightsbeyond reasonable doubt

6

indictable offence

a serious offence generally heard before a judge and a jury in the County Court or Supreme Court of Victoria

7

jury

an independent group of people chosen at random to decide on the evidence in a legal case and reach a decision (i.e. verdict)

8

Office of Public Prosecutions (OPP)

the Victorian public prosecutions office which prepares and conducts criminal proceedings on behalf of the DPP

9

presumption of innocence

the right of a person accused of a crime to be presumed not guilty unless proven otherwise

10

prosecutor

the Crown in its role of bringing a criminal case to court (also called ‘the prosecution’)

11

sanction

a penalty (e.g. a fine or prison sentence) imposed by a court on a person guilty of a criminal offence

12

standard of proof

the degree or extent to which a case must be proved in court

13

summary offence

a minor offence generally heard in the Magistrates’ Court

14

victim

a person who has suffered directly or indirectly as a result of a crime

15

access

one of the principles of justice; access means that all people should be able to understand their legal rights and pursue their case

16

accused

a person charged with a criminal offence

17

balance of probabilities

the standard of proof in civil disputes. This requires the plaintiff to establish that it is more probable (i.e. likely) than not that his or her side of the story is right

18

beyond reasonable doubt

the standard of proof in criminal cases. This requires the prosecution to prove there is no reasonable doubt that the accused committed the offence

19

criminal justice system

a set of processes and institutions used to investigate and determine criminal cases

20

Australian Constitution, the

a set of rules and principles that guide the way Australia
is governed. The Australian Constitution was passed by the British Parliament
and its formal title
is Commonwealth of Australia Constitution Act 1900 (UK)

21

treason

the crime of betraying one’s country, especially by attempting to overthrow the government

22

rule of law

the principle that everyone in society is bound by law and must obey the law and that laws should be fair and clear (so people are willing and able to obey them)

23

appeal

an application to have a higher court review a ruling (i.e. decision) made by a lower court

24

victim impact statement

a statement filed with the court by a victim, and considered by the court when sentencing. It contains particulars of any injury, loss or damage suffered by the victim as a result of the offence

25

parole

the supervised and conditional release of
a prisoner after the minimum period of imprison

26

Victims Register

a register (i.e. database) maintained by the
state of Victoria set up to provide the victims
of violent crimes with relevant information about adult prisoners while they are in prison (e.g. the prisoner’s earliest possible release date)

27

examination-in-chief

the questioning of one’s own witness in court
in order to prove one’s own case and disprove the opponent’s case

28

cognitive impairment

an issue with brain functioning that
can affect thinking, memory, understanding or communication
(for example, an acquired brain injury or dementia)

29

Victoria Legal Aid (VLA)

a government agency that provides free legal advice to the community and low-cost or no-cost legal representation to people who can’t afford a lawyer

30

cross-examination

the questioning of a witness called by the other side in a legal case