commerce notes

• adversarial system


  system in which two opposing parties present their arguments to a magistrate or judge
• anarchy


  disorder or confusion due to absence of government or laws
• appeal


  an application for a legal decision to be reviewed in a higher court
• bail

  to release an accused person who is awaiting trial
• balance of power


  the power an individual or party has by holding the casting vote
• balance of probabilities


  the standard of proof in civil trials
• beyond reasonable doubt


  the standard of proof in a CRIMINAL trial
• committal hearing


  a hearing in a Local court to decide whether there is enough evidence to put a person on trial for an indictable (serious) offence
• common law


  system of law based on the previous decisions of judges, or precedents
• concurrent powers


  areas of law-making authority held by both the federal and state governments (if there is conflict, federal law overrides state law)
• constitution


  document that outlines the powers of the parliament
• court


  place where people can resolve disputes relating to law
• defendant


  the party in a criminal or civil trial against whom an action has been brought
• division of powers


  how law-making authority is distributed between the federal and state government
• exclusive powers


  these are areas where the federal government has the sole responsibility for making laws i.e. they relate to the whole of australia
• hierarchy


  grading system based on order or importance
• indictable offence


  serious criminal offence
• judge 


  court official with the power to make decisions on matters brought before a court of law
• judiciary


  system of courts that interprets and applies the law in a country
• jurisdiction


  official power to make legal decisions and judgements
• empanelled jury

  to be chosen for a specific trial
• jury 


  group of people (12) selected to hear the evidence in a court case
• law


  set of rules applicable to all members of society
• custom


  ways of behaving that have been established through longstanding traditions
• magistrate


  court official who hears cases in the lowest court of law
• non parole


  set period of time a prisoner must serve before they can be released on the promise of good behaviour
• parole

  to release a prisoner on the promise of good behaviour
• plaintiff


  the party that commences a civil action
• precedent


  previous legal decision that serves as a rule or pattern in future cases
• private law


  deals with disputes between private citizens
• prosecutor


  the party bringing a criminal action against the accused; usually the state
• public law


  deals with disputes affecting the community
• statue law


  laws made by parliaments
• residual powers


  areas of law-making authority which remain with the states following federation
• sue


  to bring a civil action against another person for causing damage or injury
• tort


  a civil wrong
• trial


  a process to determine whether someone committed a criminal act or caused another person
• Dorothy Dixer


  a rehearsed question asked of a government Minister by a backbencher of their own political party
• double dissolution


  a decision made by the head of state to dissolve both houses of parliament
• hung parliament


  situation where no political party has a majority of elected members in parliament