Unit 3 AOS 1
A serious offence generally heard before a judge and a jury in the County Court or Supreme Court of Victoria
What is an indictable offence?
A legal proceeding in which a group of people who have a claim based on similar or related facts bring that claim to court in the name of one person also called a class action or a group proceeding
What is a representative proceedings?
The referendum to include First Nations peoples in the Census was held in this year
What is 1967?
The process of constantly updating and changing the law so it remains relevant and effective
What is law reform?
What are exclusive law making powers
This right upholds that an accused is entitled to have their charges heard in a timely manner.
What is right to be tried without reasonable delay?
The restriction on bringing a civil claim after the allowed time
What is limitation of actions?
A group consisting of the prime minister and senior ministers (at the Commonwealth level) or premier and senior ministers (at the state level)
responsible for administering and implementing the law by giving advice about the government and government departments
Executive Council
The highest form of inquiry into matters of public concern and importance.
What are Royal Commissions?
If there is a conflict between a state and Commonwealth law, then the Commonwealth law prevails and the state law is invalid to the extent of the inconsistency.
What is section 109?
A non-custodial sanction (i.e. one that doesn't involve a prison sentence) that the offender serves in the community, with conditions attached to the order
What is a community correction order (CCO)?
Pleadings
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
Independent members of parliament or members of minor parties (i.e. not members of the government or opposition). They are named after the seating area provided for them.
What is a crossbencher?
Instructions given to a formal body (e.g. a law reform body or royal commission) to investigate an important matter. They set out the precise scope and purpose of the inquiry and the date by which the final report must be completed
What is terms of reference?
One of the five factors to consider before initiating a civil claim, this factor refers to the multiple possible defendants, and the extent to which they may be responsible for the harm caused
What is the scope of liability?
One purpose of a sanction a process by which the court can discourage others in the community from committing similar offences
What is general deterrence
A method used by courts to control the progress of legal cases more effectively and efficiently, including the power to order mediation
What are the judicial powers of case management?
A legally binding agreement between countries or intergovernmental organisations which is in written form and is governed by international law
Whatis an international treaty?
To cancel or abolish a court-made law by passing an Act of Parliament
What is abrogation?
A Latin term meaning 'beyond the powers' a law made beyond (i.e. outside) the powers of the parliament
what is ultra vires?
The pre-trial discussions that take place between the prosecution and the accused
What is a plea negotiation?
A recommended reform to the civil justice system, this type of arrangement would allow parties in civil cases to have their legal fees calculated as a percentage of remedy awarded if the claim is successful
What is a contingency fee agreement?
A latin phrase which refers to one limitation of the power to enter treaties which relates to them needing to be entered for a legitimate or real purpose
Bona fide
The process by which a lower court decides that the material facts of a case are sufficiently different to that of a case in which a precedent was established by a superior court so that they are not bound to follow it?
Distinguishing precedent
This section of the Constitution enshrines the right to freedom of interstate trade and commerce