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Legal Studies: Unit 1: The Criminal Courtroom.
Unit 1, Area of Study 3: Part 3.
Terms in this set (68)
A less serious offence heard in the Magistrates' Court before a single magistrate. Example: Traffic offences, assault and shoplifting.
A serious offense heard in the County Court or Supreme Court before a judge and jury. Example: Rape, murder, armed robbery and kidnapping.
A decision made by a higher court that must be followed by a lower court.
Courts of first instance
Courts that hear a case for the first time.
The types of cases a court hears on appeal from a lower court.
The types of cases a court hears for the first time (before an appeal).
The person who appeals as a result of a court to a higher court.
The person defending the appeal.
Hearings in which a matter is dealt with in the absence of the accused.
A specialized court within the Magistrates' Court that is responsible for sentencing and treatment of offenders with drug problems.
A specialized court within the Magistrates' Court that deals with Aboriginal offenders.
A program for first-time offenders where they undertake specific conditions to avoid a criminal record.
A court that enforces non-payment of infringement notices electronically.
A public court hearing to determine the cause of death.
The Coroner's decision at the end of an inquest.
A judge in the Supreme, Federal, Family and High Courts.
Permission granted to appeal.
The release of a person whilst they are awaiting a hearing or a trial.
A sum of money forfeited by a person to support an accused obtaining bail; a surety guarantees that the accused will attend their hearing or trial.
A person who is authorized to grant or refuse bail.
Detention of a person in legal custody until their trial.
Mention Day System
A system in which the accused is given a date to appear in court for his or her plea to be determined.
Contest mention hearing
A hearing held when the accused pleads not guilty, where both parties meet to discuss the issues of the case.
Summary contested hearing
A hearing in the Magistrates' Court where the accused pleads not guilty.
The person who presides over the Magistrates' Court.
Swearing on the Bible to tell the truth.
An alternative to swearing on the Bible, a solemn declaration to tell the truth.
A person who gives evidence on court.
A witness is questioned by their side's legal counsel.
A witness is questioned by the other side's legal counsel to determine inconsistencies in their evidence.
A witness is re-questioned by their side's legal counsel after cross-examination to clarify any inconsistencies that may have occurred.
Plea for mitigation in sentence
A plea from the defence for a lenient sentence; this can be due to the accused's background, character or family life.
A court case heard in the County and Supreme Court.
Prima facie case
A case with enough evidence to support a conviction at trial.
An inquiry to determine if there is a prima facie case against the accused.
Hand up brief
Written statements and their exhibits by witnesses created by the informant produced during the committal proceedings.
A committal proceeding where the accused indicates their intention to plead guilty or not guilty.
Committal case conference
A committal proceeding used to discuss and resolve issues.
Written record of evidence.
Director of Public Prosecutions (DPP)
Department that oversees criminal charges and cases.
Written statement of the charge or charges against the accused.
A pre-trial procedure to speed up the trial; issues concerning the case are discussed at a hearing between both parties and the judge.
The accused is called, placed on the dock and asked for their plea.
The accused states that they are guilty or not guilty.
The judge's address to the jury on the facts of the case and questions of law.
An agreement on a decision by all members of the jury.
The majority of the members of the jury must agree with the verdict.
Being found not guilty.
Victim impact statement
A written or oral statement made to a court by a victim on the impact the crime has had on them.
Cannot be heard in court.
The system of trial used in Australia in which two sides contest to win a case.
A system of trial where the judge or magistrate takes an active role in investigating and determining the case in question.
Contempt of court
Behavior or actions that interfere with the process of the law.
Rules of procedure
The processes that must be followed in court including exmination-in-chief, cross-xamination and re-examination of witnesses.
Rules of evidence
Only evidence that deals with fact and is relevant to the case is admissible.
Stating what someone else has said.
Evidence of prior convictions to show that the accused has a tendency to commit a type of crrime is admissible.
Conversations between certain people is inadmissible in court.
A person who presides over a trial in a court.
A person who appears and presents a case in court to represent their client.
A person who gives legal advice and prepares a brief for the barrister.
A person who presents a case in court to prove the guilt of the offender.
A test conducted to determine whether or not an individual or family is eligible to qualify for financial help.
A test conducted to determine whether or not a person's case has merit; that is, if they are likely to win their case.
A group of people who are selected to hear a court case and make a decision in favor of one of the parties based on the evidence and the law.
To select the required number of jurors through a series of challenges from the jury pool.
A challenge to a prospective juror without a reason.
For cause challenge
A challenge to a prospective juror with a reason.
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