Legal Terminology Flashcards

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arraignment

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formal reading of the charges in the District or Supreme Court

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committal hearing

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when a charge is more serious, the magistrate must decide whether the evidence against the accused is strong enough for the case to go to trial in a higher court. If the magistrate is satisfied that there is sufficient evidence, the case is committed for trial in the District Court or the Supreme Court, depending on the seriousness of the charge.

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conviction

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record of judgment of a jury or magistrate that a person is guilty of a crime as charged.

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double jeopardy

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a procedural defence that forbids a defendant from being tried again on the same (or similar) charges following a legitimate acquittal or conviction.

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hand-up committal

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the prosecutor gives (hands up) evidence to the magistrate without having the witnesses present. The procedure was introduced to promote efficiency during committal proceedings.

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judge

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the senior judicial officer presiding in the District Court or higher courts, including the Supreme Court, Court of Appeal, Federal Court, Family Court and the High Court of Australia.

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majority decision

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where a jury consists of 12 jurors, at least 11 jurors agree; or where a jury consists of 11 jurors, at least 10 jurors agree.

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unanimous decision

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where all jurors collectively agree on the verdict.

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verdict

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the finding of a judge or jury in a trial.

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admissible

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evidence that is introduced and allowed during trial.