accused

a person charged with or on trial for a crime

adversarial

a system of trial in which the two sides argue their case and the judge or magistrate acts as an independent umpire

appeal

a request for a higher court to review a decision made by a lower court

appellate

jurisdiction the power of a court to review the decision of a lower court

bail

the conditional release of an accused person into the community while awaiting trial

balance of probabilities

the standard of proof required in a civil case; based on the evidence, the plaintiff's case is more likely true than not

beyond reasonable doubt

the standard of proof required in a criminal case; there is no other logical conclusion other than the accused is guilty of the crime

bribery the act of giving money,

a gift or any other item of value to a recipient in the expectation that it will alter the recipient’s behaviour

circuit courts

travelling courts that hear cases in multiple locations, ensuring legal access in remote or underserved areas

coercion

the practice of forcing or threatening someone to do something against their will; it can involve physical, psychological or financial pressure and is often used to manipulate or control others

committal hearing

a preliminary court proceeding in which a magistrate determines whether there is enough evidence for a serious criminal case to proceed to trial in a higher court

common law

judge-made law, or law developed by judges through decisions in cases brought before the courts

corruption

the practice of forcing someone to act in an involuntary manner by using intimidation or threats, or some other form of pressure

court delay

a setback in the legal system that prevents justice from occurring in a timely fashion

defamatory

describes something that unfairly damages another person’s reputation. If someone says or writes something false that makes others think badly of someone, those words or statements can be called defamatory

defendant

a person against whom legal action has been taken

duty of care

a responsibility to ensure the safety of any person whom we can reasonably foresee might be affected by our actions or failure to act

hearsay

information received from a third party that cannot be substantiated in court and is considered unreliable and inadmissible in court

indictable offence

criminal offences that are considered more serious in nature. Initially, a magistrate will examine the evidence to determine if it is sufficient to send the case to trial in a higher court

judge

a court official who presides over courts higher than the Magistrates Court or Local Court.

jurisdiction

the power or authority of a court to hear specific types of disputes or cases

magistrate

a court official who presides over a court of summary jurisdiction such as the Magistrates Court

obiter dictum / obiter dicta

a Latin term that means ‘things said by the way’; comments made by the judge that are not essential to the reasoning or outcome of the case. They may be persuasive in future cases. The plural form is obiter dicta.

original jurisdiction

the power of a court to hear and decide a case for the first time

plaintiff

a person who commences legal action in a civil case

precedent

a legal principle established by a court in resolving a civil dispute that is binding on all lower courts within the same hierarchy

prosecute

to take legal action against a person accused of a crime

ratio decidendi

a Latin term meaning ‘the reason for the decision’ and forming a binding precedent for future cases with similar material facts

rule of law

the legal principle that all individuals, institutions and governments are subject to and accountable under the law

statutory interpretation

the process by which courts determine the meaning and application of legislation when resolving disputes

summary offence

a less serious criminal offence that is heard by a Magistrates Court

trial by media

creating widespread opinion regarding a person’s guilt or innocence before a trial has occurred or the verdict has been delivered