Terms
The physical action or conduct required to prove a crime has taken place.
What is Actus Reus?
In a District or Supreme Criminal Court, this group of 12 randomly selected citizens sits in a box to listen to evidence and deliver the verdict.
What is a jury
If a court case is brought by the police against an individual to protect the public and enforce penalties, it belongs in this court stream.
What is a criminal court
This is the name given to a draft or proposal for a new law before it is voted on and passed by Parliament.
What is a bill
The second largest mountain in the world
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The mental state, intention, or recklessness required to prove criminal liability.
What is Mens Rea?
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Civil court
In a local criminal trial, this individual is the police officer or specialised lawyer whose sole job is to present evidence to prove the defendant is guilty.
What is a prosecutor
Laws written down, debated, and passed by politicians in Parliament Houses
What is statutory Law
A number cubed that makes 8
What is number 2
The legal presumption that children under 14 are incapable of forming criminal intent because they don't know right from wrong.
What is Doli Incapax?
Instead of a judge, this is the official title given to the lone judicial officer who hears cases and passes sentences at the Local Court level.
What is a magistrate
In a Civil Court, this is the specific term used to describe the money ordered by a judge to be paid to the winning party to cover their financial losses.
What are damages
Also known as "judge-made law," this type of law is developed through decisions made in court cases rather than passed by parliament.
What is common law
If you are accused of a crime and cannot afford a private lawyer, you will likely be assigned an advocate from this government-funded agency to help you for free.
What is legal aid
The absolute age in Australia under which a child can never be charged with any crime under any circumstance.
What is age 10?
Unlike Criminal Courts where a defendant is found "guilty" or "not guilty," a civil judge will rule that a defendant is either this term or "not responsible."
What is Liable
In a Criminal Court, the threshold of proof requires eliminating all logical uncertainty, whereas a Civil Court uses this threshold, meaning the allegation is simply more likely true than not.
What is the balance of probabilities?
In civil law, the person who initiates the lawsuit is called the plaintiff. This is the title given to the party being sued.
What is a defandant
2005
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Toby buys a gym membership but realises the contract locks him in for three years. Because he is only 16, this type of civil document is generally not binding on him.
What is a contract
If you are convicted of a crime in the NSW District Court but believe the judge made a mistake regarding the law, your lawyer will launch this type of proceeding in a higher court to try and get the decision reversed.
What is an appeal
Traffic offenses like speeding or running a red light are unique because the prosecution only has to prove actus reus, meaning this specific legal element is completely ignored.
What is Mens Rea?
This is the only mechanism by which the wording of the Australian Constitution can be changed, requiring a public vote.
What is a referendum
Liam is walking down the street when a police officer stops him and demands to search his backpack. To legally do this without an arrest, the officer must hold this specific legal threshold under the law.
What is reasonable suspicion