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Definition
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Term
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One purpose of a sanction, designed to safeguard the community from an offender by preventing them from committing a further offence
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Protection
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A penalty imposed by a court on a person guilty of a criminal offence
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Sanction
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A minor offence generally heard in the Magistrates' Court
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Summary Offence
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A remedy in the form of a court order requiring the defendant to do something or not to do something
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Injunction
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A legally binding agreement between countries or intergovernmental organisations, in which they undertake the following obligations set out in the agreement and include them in their own local laws
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International Treaty
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A legal proceeding in which a group of seven or more people who have a claim against the same person based on similar or related facts bring that claim to court in the name of one person
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Class Action
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The key facts of details in a legal case that were critical to the court's decision
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Material Facts
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A legally binding decision made in arbitration by an arbitrator
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Arbitral Award
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A Latin term meaning 'beyond the powers': a law made beyond the powers of the parliament
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Ultra Vires
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A government agency that provides free legal advice to all members of the community and low-cost or no-cost legal representation to some people who cannot afford a lawyer
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Victoria Legal Aid
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A person belonging to a court or tribunal who has not engaged and is not represented by a lawyer or other professional
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Self-Represented Party
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One of the principles of justice: All people should be treated in the same way, but if the same treatment causes disparity or disadvantage, adequate measures should be implemented to allow all to engage with the justice system without disparity or disadvantage
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Equality
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A statement filed with the court by a victim that is considered by the court when sentencing
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Victim Impact Statement
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A documents that sets out the terms on which the parties agree to resolve their dispute
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Terms of Settlement
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The release of an accused person from custody on condition that they will attend a court hearing to answer the charges
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Bail
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A situation in which the government does not hold a majority of seats in the upper house and relies on the support of the opposition or crossbench to have their bills passed
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Hostile Upper House
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An expression used when judges adopt a narrow interpretation of the law when interpreting Acts of Parliament and deciding cases
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Judicial Conservatism
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The principle that everyone in society is bound by laws and must obey the law, and that laws should be fair and clear, so people are willing and able to obey them
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Rule of Law
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A VLA lawyer who is at court to help people who come to court for a hearing
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Duty Lawyer
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One purpose of a sanction, designed to demonstrate the community's disapproval of the offender's actions
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Denunciation
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Confirmation by a nation's parliament of its approval of an international treaty signed by ts government
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Ratification
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A small amount of money awarded to confirm that a plaintiff's rights have been infringed even though the losses were not substantial
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Nominal Damages
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The official transcript of what is said in parliament
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Hansard
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A serious offence generally heard before a judge and jury in the County Court of Supreme Court of Victoria
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Indictable Offence
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The questioning of a witness called by the other side in a legal case
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Cross-Examination
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A proposed law that imposes taxes and collects revenue
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Money Bill
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An amount of money that one party is ordered to pay another party to compensate for losses that are not easily quantifiable
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General Damages
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The introductory part of a statute that outlines its purpose and aims
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Preamble
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A Latin term meaning 'let the decision stand' which is the basic principle underlying the doctrine of precedent
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Stare Decisis
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The person who initiates or organises a petition
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Principal Petitioner
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A sanction that requires the offender to pay an amount of money to the state
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Fine
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The restriction on bringing a civil claim after the allowed time
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Limitation of Actions
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Rights that are not expressly stated in the Australian Constitution but are considered to exist through interpretation by the High Court
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Implied Rights
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One of the principles of justice: all people should be able to engage in the justice system and its processes on an informed basis
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Access
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Law made by judges through decisions made in cases
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Common Law
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The supervised and unconditional release of a prisoner after the minimum period of imprisonment has been served
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Parole
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To collect all law on one topic together into a single statute
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Codification
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A system used by federal, state and territory parliaments in Australia that involves the use of separate working parties to investigate a wide range of legal, social and political issues and report back to the parliament about the need for law reform
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Committee System
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The power to make laws, which resides with the parliament
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Legislative Power
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Any order made by a court or a tribunal designed to address a civil wrong or breach
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Remedy
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A parliamentary system of government that developed in Britain and upon which Australia's Parliamentary system is modelled
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Westminster System
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A document filed by the plaintiff in a civil case to notify the defendant of the nature of the claim, the cause of the claim and the remedy sought
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Statement of Claim
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The power of a court to hear a case for the first time
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Original Jurisdiction
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The legal reasoning for a decision of a higher court that must be followed by a lower court in the same jurisdiction in cases where the material facts are similar
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Binding Precedent
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The highest form of inquiry into matters of public concern and importance
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Royal Commission
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When two sentences are imposed and are to be served one after the other
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Cumulative Sentence
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An application to have a higher court review a ruling
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Appeal
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A solemn declaration by which a person swears the truth on a religious or spiritual level
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Oath
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One of the principles of justice: All people can participate in the justice system and its processes should be impartial and open
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Fairness
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The political party that holds the second-largest number of seats in the lower house
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Opposition
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An expression used when judges consider a range of social and political factors when interpreting Acts of Parliament and deciding cases
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Judicial Activism
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A small group of members of parliament who consider and report on a single subject in one or both houses
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Parliamentary Committee
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All seven justices of the High Court sitting to determine a case
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Full Bench
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The lower house of the Victorian Parliament
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Legislative Assembly
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The process of constantly updating and changing the law so it remains relevant and effective
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Law Reform
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Rights that are stated in the Australian Constitution
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Express Rights
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A situation where no single political party has a majority of seats in one or both houses of parliament meaning the power to reject or approve bills is held by a small number of people
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Balance of Power
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An amount of money that a party is ordered to pay to another party to compensate for losses that are easily quantifyable
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Special Damages
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To take civil action against another person, claiming that they infringed some legal right of the plaintiff or did some legal wrong that negatively affected the plaintiff
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Sue
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Powers in the Australian Constitution that may be exercised by both of the Commonwealth and the states
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Concurrent Powers
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One purpose of a sanction, designed to penalise the offender and show society and the victim that criminal behaviour will not be tolerated
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Punishment
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A person charged with a criminal offence
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Accused
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When a superior court changes a previous precedent, established by a lower court in a different and later case, thereby creating a new precedent which overrules the earlier precedent
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Overruling a Precedent
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A term used to describe a situation in which the upper house of parliament automatically approves decisions made in the lower house because the government holds a majority of seats in both houses and members of the government generally vote along party lines
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Rubber Stamp
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The degree or extent to which a case must be proved in court
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Standard of Proof
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Facts or circumstances about an offender or an offence that can lead to a more severe sentence
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Aggravating Factors
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A flexible, non-custodial sanction that the offender serves in the community, with conditions attached to the order
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Community Corrections Order
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One purpose of a sanction, designed to reform an offender in order to prevent them from committing offences in the future
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Rehabilitation
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A very large amount of money awarded to show strong disapproval of the defendant's conduct
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Exemplary Damages
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A formal, written request to the parliament to take some action or implement law reform
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Petition
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An order that a party pay the other party's costs
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Adverse Courts Order
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The requirement that a party must be directly affected by the issues or matters involved in a case for the court to be able to hear or determine that case
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Standing
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A proposed law that has been presented to parliament to become law
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Bill
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A person who takes a matter to court to be resolved
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Litigant
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The obligation of a party to prove a case
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Burden of Proof
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A situation in which a fair-minded lay observer may reasonably believe that the person hearing or deciding a case might not bring an impartial mind to the case
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Apprehended Bias
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A person who has suffered directly or indirectly as a result of a crime
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Victim
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A doctrine established by the Australian Constitution that ensures the three powers of our parliamentary system remain separate
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Separation of Powers
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Instructions given to a formal body to incestigate an important matter
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Terms of Reference
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Evidence given by a layperson (or ordinary person) about the facts in a dispute
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Lay Evidence
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The power of a court to hear a case on appeal
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Appellate Jurisdiction
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When a superior court changes a previous precedent set by a lower court in the same case on appeal, thereby creating a new precedent which overrides the earlier precedent
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Reversing a Precedent
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The legal responsibility of a third party for the wrongful acts of another
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Vicarious Liability
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The lawful authority of a court, tribunal or other dispute resolution body to decide legal cases
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Jurisdiction
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Material that is not part of an Act of Parliament but may assist a judge to interpret the meaning of the act
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Extrinsic Material
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A law made by parliament
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Act of Parliament
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The situation where an accused is kept in custody until their criminal trial can take place
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Remand
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A Latin term meaning 'out of the aftermath' used to describe a law that is established in relation to an event that has already taken place
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Ex Post Facto
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The party against whom an appeal is made
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Respondent
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A legal principle which requires the government to be answerable to elected representatives of the people for its actions and which requires the government to maintain the confidence of the majority of the lower house
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Responsible Government
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To abolish or cancel a law
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Abrogation
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The standard of proof in criminal cases
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Beyond Reasonable Doubt
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A parliament with two houses/chambers
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Bicameral
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An amount of money that a defendant may be ordered to pay when a plaintiff has suffered extreme humiliation, embarrassment or insult because of the defendant's conduct
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Aggravated Damages
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A system of government in which all eligible citizens vote to elect people who will represent them in parliament, make laws and govern on their behalf
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Representative Democracy
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An independent community organisation that provides free legal services to people who are unable to pay for those services
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Community Legal Centre
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A Latin term meaning 'for the public good' used to describe legal services that are provided for free or at a reduced rate
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Pro Bono
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One purpose of a sanction, designed to discourage the offender and others in the community from committing similar offences
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Deterrence
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The questioning of one's own witness in court in order to prove one's own case and disprove the opponent's case
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Examination-In-Chief
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A disagreement between two or more individuals (or groups) in which one of the individuals (or groups) makes a legal claim against the other
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Civil Dispute
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The legal reasoning behind a decision of a lower or equal court within the same jurisdiction, or a court of a different jurisdiction, that may be considered deven though it is not binding
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Persuasive Precedent
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The group of senior ministers in a government made up of the Prime Minister (or Premier at a state level) and senior government ministers who are in charge of a range of portfolios
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Cabinet
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A separate claim made by the defendant in response to the plaintiff's claim
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Counterclaim
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Out-of-pocket expenses or fees incurred as part of a legal case
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Disbursements
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The lawful authority or power of a court, tribunal or other dispute resolution body to decide legal cases to the exclusion of all others
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Exclusive Jurisdiction
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A Latin term meaning 'by the way' meaning comments made by the judge in a particular case may be persuasive in future cases
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Obiter Dictum
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Pre-trial discussions between the prosecution and the accused aimed at resolving the case by agreeing on the criminal charges laid
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Plea Negotiations
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Facts or circumstances about the offence that can lead to a less severe sentence
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Mitigating Factor
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A very small amount of money awarded to show that even though the plaintiff's claim succeeded legally, the court disapproves of in in moral terms
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Contemptuous Damages
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An amount of money awarded to a plaintiff for harm, injury, or other losses suffered
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Compensatory Damages
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A sanction that involves removing the offender from society for a stated period of time and placing them in prison
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Imprisonment
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A member of parliament who is not a government minister
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Private Member
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The upper house of the Victorian Parliament
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Legislative Council
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Powers that were not given to the Commonwealth Parliament under the Australian Constitution and which therefore remain solely with the states
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Residual Powers
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A pre-trial procedure which requires the parties to list their documents relevant to the issues in dispute
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Discovery of Documents
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A pre-trial procedure during which documents are filed and exchanged between the plaintiff and the defendant and which state the claims and the defences in the dispute
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Pleadings
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A dispute resolution body that resolves civil disputes and is intended to be a less costly, more informal and faster way to resolve disputes than coourts
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Tribunal
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An order that someone stop doing something that is harming or will harm the plaintiff
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Restrictive Injunction
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The presumption that a child aged between 10 and 14 does not have criminal intent
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Doli Incapax
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A third party who pays for some of all the costs and expenses associated with initiating a claim in return for a share of the amount recovered
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Litigation Funder
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A form of governance in which the power is held by the people and their representatives, and in which there is an elected head of state rather than a monarch
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Republic
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The pre-trial hearings and processes held in the Magistrates' Court for indictable offences
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Committal Proceedings
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A situation in which neither major political party wins a majority of seats in the lower house of parliament after an election`
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Hung Parliament
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Powers in the Australian Constitution that only the Commonwealth Parliament can exercise
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Exclusive Powers
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The power given to courts and tribunals to enforce the law and settle disputes
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Judicial Power
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Members of Parliament who are not members of either government or opposition
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Crossbenchers
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Rules and regulations made by secondary authorities that are given the power to do so by government
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Secondary Legislation
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A division of the Magistrates' Court, Children's Court and County Court that, in certain circumstances operates as a sentencing court for First Nations people
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Koori Court
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Evidence given by a person who did not personally witness the thing that is being stated to the court as true
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Hearsay Evidence
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A pre-trial procedure at which the court gives instructions to the parties about time limits and the way the civil proceedings is to be conducted
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Directions Hearing
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A person who appeals against a decision
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Appellant
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A Latin term meaning 'the reason' the legal reasoning behind a judge's decision
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Ratio Decideni
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A term of imprisonment that has no fixed end date, usually given to the most serious offenders
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Indefinite Sentence
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Measures that can be put in place for witnesses in certain criminal cases to give evidence in a different way
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Alternative Arrangements
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The process by which judges give meaning to the words or phrases in an Act of Parliament so it can be applied to resolve the case before them
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Statutory Interpretation
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A set of rules and principles that guide the way Australia is governed
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Australian Constitution
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An order requiring someone to do something, or take active steps to prevent harm or further harm to the plaintiff
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Mandatory Injunction
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The King's representative at the Commonwealth level
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Govenor-General
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Lawyers who are responsible for drafting bills in accordance with the policies and instructions of a member of parliament
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Parliament Counsel
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The minimum term a prisoner must serve before they can be given parole
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Non-Parole Period
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Legal responsibility for one's acts or omissions
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Liability
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The right of a person accused of a crime to presumed not guilty unless proven otherwise
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Presumption of Innocence
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A sanction that is to be served at the same time as one or more other sentences
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Concurrent Sentence
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The King's representative at the state level
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Govenor
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A political system in which the people elect members of parliament to represent them in government
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Representative Government
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