Unit 4 Legal Studies

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abscond: to run off and hide - to flee after being granted bail. To not present at the court for the hearing. accused: a defendant in a criminal proceeding adjournment: a temporary postponement of a case ADR: Alternative Dispute Resolution - as opposed to judicial decision. adversary system: A judicial system in which the court of law is a neutral arena where two parties argue their differences. aggravated damages: awarded when the conduct of the defendant or the surrounding circumstances increase the injury to the claimant by subjecting him to humiliation, distress, or embarrassment

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common law: Judge-made law that originated in England from decisions shaped according to prevailing custom. Decisions were applied to similar situations and gradually became common to the nation.

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Compensatory damages: an amount of money awarded by the court to make up for loss of income or emotional pain and suffering

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Conciliation: any of various forms of mediation whereby disputes may be settled, the outcome is not binding on either party

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concurrent sentences: Prison sentences for two or more criminal acts, served simultaneously and run together. Contemptuous damages: Where the court awards only a small sum of money to the plaintiff as recognition that although they have legal right to damages, the court holds them in contempt for their actions and does not believe they have a moral right to damages

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aggregate sentences: Where sentences for multiple offences are added together Anti-Discrimination List: Any case concerning discrimination in any aspect of employment- because of age, sex, race, disability etc.... Part of VCAT main specialty

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Conviction: (criminal law) a final judgment of guilty in a criminal case and the punishment that is imposed Counterclaim: A claim made by a defendant in a civil lawsuit against the plaintiff. In effect, the defendant is suing the plaintiff.

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Appellate Jurisdiction: The authority of a court to review decisions made by lower courts
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Arbitration: The process in which parties involved in a dispute allow an impartial party to settle their differences. The decision is binding.

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Court hierarchy: A greading of importance where the highest courts deal with the most serious cases or legal issues. Court of Appeal: A division of the Supreme Court that can only hear appeals. It has no original jurisdiction. Criminal law: The area of law involving crimes against the State. Enforced by Police. Criminal sanction: The punishment that is associated with being convicted of a crime Cumulative sentence: A sentence served after another. A person who commits two or more crimes may have them individually sentenced and totalled together as a cumulative sentence.

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Assessment and Court Referral List: Introduced recently to assist with the Magistrate hearing cases involving people who have issues that commonly include drug and alcohol, psychosocial concerns, homelessness and unemployment. The court takes a collaborative problem solving approach.
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Bail: The legal system that allows an accused person to be temporarily released from custody (usually on condition that a sum of money guarantees their appearance at trial)
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beyond reasonable doubt: The level of proof required to convict a person of a crime burden of proof: ..., The duty to prove disputed facts. In civil cases, a plaintiff generally has the burden of proving his or her case. In criminal cases, the prosecution has the burden of proving the defendant's guilt. (See standard of proof.)

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Damages: a sum of money paid in compensation for loss or injury Deposition: a collection of written statements from a Committal Proceeding Direct indictment: When the DPP orders an accused to trial without a preliminary hearing Directing the jury: Where a judge indicates to a jury the questions of law from which they must apply the facts to reach a decision.

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civil action: An action where a person, company or government takes another to court Civil Claims List: A list of VCAT designed to hear disputes in relation to claims between buyers and sellers Civil Division: A branch of VCAT. This division can hear civil claims, real estate disputes, tenancy issues and many more. Class rule - ejusdem generis: Of similar or same kind. Where judges interpret things as per their class.

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Directions Hearings: court can use this to give the parties directions in the pre-trial proceeding. Aims to clarify dispute and saves time and money.

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Committal Hearing: A committal hearing is held in the Magistrates' Court to determine whether there is sufficient prosecution evidence to support a conviction by a jury in a higher court.
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Discovery: (law) compulsory pretrial disclosure of evidence relevant to a case

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Discovery by Oral Examination: Instead of written interrogatories - parties questions are put verbally. It allows both parties to determine credibility of evidence but can also be more expensive

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Inquisitorial system: trial procedures designed to determine the truth through the intervention of an active judge who seeks evidence and questions witnesses

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Interrogatories: Written questions for which written answers are prepared and then signed under oath jurisdiction: a court's authority to hear and decide cases Koori Court Division: a division of the Magistrate's and County Courts. Designed to deliver justice by being culturally respectful to Koori issues in the justice system.

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Discovery of Documents: Civil pre trial procedures from either party, inspecting: photos medical reports, expert witness reports or other documents relevant to the case.
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Disqualified: A person who cannot serve on a jury because they fit into a category of being in prison for 3 months or more over the last 5 years or you are currently on bail amongst other similar

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Empanelment: to pick the jury from a pool of jurors Excused: prospective jurors may be allowed to excuse themselves from jury service providing they fit into this category. This includes pregnant women, people who live outside a 50km radius or the courthouse or people who have a pre booked holiday or medical procedure amongst others.

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Legal entity: Law which allows a group of people or business to conduct business as a single unit, for example a group ownership Letter of Demand: A document sent by the plaintiff to the defendant that outlines the nature of the claim and the remedy sought.

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majority verdict: Used in civil cases and some criminal cases (11/12, 5/6). it is not the literal majority Mandatory Injunction: injunction requiring the performance of some specific act Neighbourhood Justice Centre: A centre that combines jurisdictions of courts and tribunals. It is set up to solve disputes and has a real concern for all parties involved by having access to many support agencies.

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Exemplary damages: Damages awarded to a plaintiff over and above what will fairly compensate it for its loss. They are intended to punish the defendant and deter others from engaging in similar conduct. Also called punitive damages.
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Family Violence Division: A division of the Magistrate's Court aims at changing the behaviour of the person who is committing violence in the family home

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Fine: money extracted as a penalty For cause challenge: Juror dismissed for a reason (unlimited number available)

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Nominal Damages: A small monetary award (often one dollar) granted to a plaintiff when no actual damage was suffered. Notice of Appearance: A document in which the defendant notifies a plaintiff that they intend to appear in court and defend the claim.

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Foreperson: the presiding member of the jury and the one who speaks on their behalf Further and Better Particulars: released after the pleading documents, give the plaintiff and defendant a better understanding of the issues in their dispute
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obiter dictum: an opinion voiced by a judge on a point of law not directly bearing on the case in question and therefore not binding - a "by the way" statement

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General Damages: Compensatory damages that do not have an economic value and that are presumed to follow from the type of wrong claimed by the plaintiff. Allows for pain and suffering. Things you cannot put a figure on.

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OPP or DPP: Office of Public Prosecutions or Director of Public Prosecutions. The driving force behind the Crown in establishing prosecution cases.

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original jurisdiction: the authority of a court to hear a case "in the first instance." overruling precedent: When a judge making a decision on a case in a higher court disagrees with the legal precedent created in a different, but similar case heard in a lower court, they may choose to create a different legal principle, which overrules the earlier precedent.

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Hand-up-Brief: Written statements and their exhibits by witnesses created by the informant produced during the committal proceedings.
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Human Rights Division: a division of VCAT that looks at areas such as human rights such as anti discrimination and guardianship issues.

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Hung jury: a jury that is unable to agree on a verdict (the result is a mistrial) Imprisonment: putting someone in prison or in jail as lawful punishment

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peremptory challenge: A means by which lawyers can exclude a limited number of prospective jurors without the judge's approval. There are specific limits in both civil and criminal cases.

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Plaintiff: A person who brings a legal action against another Pleadings: ..., Statements made by the plaintiff and the defendant in a lawsuit that detail the facts, charges, and defences involved in the litigation. The complaint and answer form part of the Pleadings.

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Indictable offence: a serious offence that is usually heard by a judge and jury Indictable offences heard and determined summarily: Magistrate's have the power to hear some indictable offences in the same way as they hear summary offences.

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Pre-Trial Conference: a conference held before the trial begins to bring the parties together to outline discovery proceedings and to define the issues to be tried

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Ineligible: A category for prospective jurors who cannot sit on a jury because of their experience in the legal system such as a barrister, judge or police officer.

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precedent: A ruling that is used as the basis for a judicial decision in a later, similar case prima facie case: "At first look": The core elements of any charge, proof of which is sufficient for conviction propensity evidence: Evidence of prior convictions or behaviour that shows that the accused has a tendency to commit a certain type of crime.

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Special Mention Hearing: Where a party applies to the Magistrate's court to forgo a Committal Proceeding because of a guilty plea. The court may fastrack the case to the County or Supreme Court.

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specific damages: These are valued amounts, such as medical bills or reimbursement for lost property. standard of proof: a statement of how convincing the evidence must be in order for a party to comply with his or her burden of proof; criminal: "beyond a reasonable doubt"; civil: "balance of probabilities"

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prosecution: the lawyers acting for the state to put the case against the defendant ratio decidendi: "The reason for the decision". The legal principle that forms the basis for a court's decision.
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stare decisis: The rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented. To stand by the decision.

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recidivist: someone who is repeatedly arrested for criminal behavior (especially for the same criminal behavior) remand: the act of sending an accused person back into custody to await trial - the person has not obtained bail remedy: a solution or outcome for a civil case Representative proceedings: also known as a Class Action, where a group of people join together to sue a common defendant.
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Statement of Claim: A document that clearly sets out the precise details of the plaintiff's claim and explains that claim in more detail. statutory interpretation: process that courts must decide the meaning of laws that the legislature has passed summary offence: An offence of a less serious nature, heard in the Magistrates' Court eg minor traffic offence. summons: a writ issued by authority of law surety: a guarantee that an obligation will be met, when bail is granted a person will guarantee that the accused will appear before the court at a set time. The guarantee is usually a sum of money that is forfeited if the accused does not present themselves.

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Residential Tenancies List: A part of VCAT that deals with cases over tenancy issues between landlords and tenants.
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Restrictive Injunction: stopping someone from doing something. E.g. A person could apply for a restrictive injunction to stop a building being destroyed.

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reversing precedent: Judge from higher court in same hierarchy is hearing appeal (same case) -> disagree with lower judge's decision = lower court's precedent no longer applies. Same case decision in changed, trned around or reversed.

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trial: the examination in a court of law whether or not someone is guilty or not guilty of a crime or the winner in a civil case. tribunal: a committee or board appointed to adjudicate in a particular matter ultra vires: beyond the legal power or authority of a person or official or body etc unanimous verdict: Agreement on a verdict by all members of the jury. VCAT: Victorian Civil and Administrative Appeals Tribunal warrant: a writ from a court commanding police to perform specified acts writ: a legal document issued by a court or judicial officer

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role of judge: A feature of our adversary system of trial. , (1) enforce the rules of court procedure (2) determine the facts if parties have not requested a jury (3) apply the law to the facts to determine who should prevail OR if jury trial, instruct the jury on how to determine the facts. All done with impartiality.

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role of parties: A feature of our adversary system of trial. It is the responsibilty of each party to prepare and present their own case

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rules of evidence: A feature of our adversary system of trial. Rules of evidence set down the way a trial will run in the courtroom. The judge makes sure the rules are followed.

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rules of procedure: A feature of our adversary system of trial. The judge makes sure that the right procedure is undertaken to ensure a fair and just hearing.

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sanction: Used in a criminal offence it is the outcome or penalty. The punishment handed down by the court. sentencing guidelines: A judge will use the Sentencing Act (1991) to guide them to decide a sentence that is right for them. It offers many guidelines to consider like, current sentencing practices or the nature of the offence.

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Sex Offenders List: A special division of the Magistrate's Court set up solely to hear these type of cases as a hearing or Committal Proceeding. Focus is on making the process easier for the victims by recognising the problems they face.