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?
Powers in the Australian Constitution that only the Commonwealth Parliament can exercise (as opposed to residual powers and concurrent powers)
e.g. naval and military forces, coining
What is exclusive powers?
The process of constantly updating and changing the law so it remains relevant and effective
What is law reform?
A formal, written request to the government to take some action or implement law reform
quick and easy to organise
can be effective if accompanied by a lot of signatures showing broad support
What is a petition?
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?
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?
Victoria's leading independent law organisation which makes recommendations to the Victorian Parliament
What is the Victorian Law Reform Commission
Gathering of people to express their common concern or dissatisfaction with an existing law as a means of influencing law reform.
Demonstrations
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)?
Provide a low cost, accessible, efficient and independent tribunal.
What is VCAT
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. Terms of reference 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?
A principle established by the Australian Constitution that ensures the three powers of our parliamentary system (i.e. executive power, legislative power and judicial power) remain separate.
What is the seperation of power?
One purpose of a sanction a process by which the court can discourage the offender and others in the community from committing similar offences
What is deterrence
A method used by courts and tribunals to control the progress of legal cases more effectively and efficiently.
What is 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?
The highest form of public inquiries conducted by a body formed to support the work of a person (being the Commissioner) given wide powers by the government to investigate and report on an important matter of public concern.
Royal Commission
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, aimed at resolving the case by agreeing on an outcome to the criminal charges laid
What is a plea negotiation?
The most common remedy in a civil claim an amount of money that the court (or tribunal) orders one party to pay to another
What is damages?
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
What is executive council?
A referendum which gets approval for a proposal by two or more political parties
Bipartisan support
How many middle names does Ms Zirkler have?
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