Criminal Justice (U3 AOS1)
The obligation placed on the prosecution to prove the accused committed the offence.
What is the burden of proof?
The party who brings a civil case to court.
Who is the plaintiff?
The two houses that make up the Commonwealth Parliament.
What are the House of Representatives and the Senate?
The legal reasoning for a judge’s decision that becomes binding on lower courts.
What is the ratio decidendi?
The Supreme Court case where a studded belt was found not to be a regulated weapon, clarifying the meaning of the law.
What is Deing v Tarola (1993)?
The level of certainty required by the prosecution to prove the accused is guilty beyond reasonable doubt.
What is the standard of proof?
The standard used to determine responsibility in civil cases — “more likely than not.”
What is the balance of probabilities?
Powers only the Commonwealth can exercise, such as defence and currency.
What are exclusive powers?
The principle that lower courts must follow the decisions of higher courts in the same hierarchy.
What is the doctrine of precedent?
The Family Court case where the term “man” in the Marriage Act was interpreted to include a transgender man.
What is Re Kevin (2001)?
The legal principle that an accused person is considered innocent until proven guilty.
What is the presumption of innocence?
A third party helps parties reach a voluntary agreement, but their decision is not binding.
What is mediation?
The constitutional section that resolves conflicts between Commonwealth and state laws.
What is section 109?
The process by which parliament confirms or incorporates court-made law into legislation.
What is codification?
The case where a Victorian law on IVF access was ruled inconsistent with Commonwealth anti-discrimination law under section 109.
What is McBain v Victoria (2000)?
A type of agreement between the prosecution and the accused to resolve a case with a guilty plea to a lesser charge.
What is a plea negotiation?
A legal order restoring the plaintiff to their original position, such as damages or injunctions.
What is a remedy?
The process by which the Constitution is formally changed.
What is a referendum?
The process by which parliament overrides or cancels court-made law.
What is abrogation?
The High Court case that held a blanket ban on all prisoners voting was unconstitutional, ensuring only serious offenders could be excluded.
What is Roach v Electoral Commissioner (2007)?
The principle that every person should be treated impartially without fear or favour by the courts.
What is fairness?
The tribunal that provides low-cost, informal, and efficient resolution of civil disputes.
What is VCAT?
The requirement that a majority of voters nationwide and in a majority of states must approve a referendum.
What is a double majority?
The independent Victorian body that investigates and recommends law reform to parliament.
What is the Victorian Law Reform Commission (VLRC)?
The landmark High Court decision that recognised native title rights, leading to the Native Title Act 1993 (Cth).
What is Mabo v Queensland (No 2) (1992)?