U1 AOS 2 Key Legal Terms

Define: Abrogate

• to cancel or abolish a court-made law by passing an Act of Parliament

• a person who knowingly assists another person who has committed a serious indictable offence (i.e. an indictable offence with a punishment of five years or more in prison) to evade arrest, prosecution or conviction

• a person charged with a criminal offence

Define: Accessory

• a person who knowingly assists another person who has committed a serious indictable offence (i.e. an indictable offence with a punishment of five years or more in prison) to evade arrest, prosecution or conviction

• a Latin term meaning ‘a guilty act’; the physical element of a crime (i.e. the act itself). See also mens rea

• the standard of proof in civil disputes. This requires the plaintiff to establish that it is more probable (i.e. likely) than not that his or her side of the story is right

Define: Accused

• to cancel or abolish a court-made law by passing an Act of Parliament

• a person who knowingly assists another person who has committed a serious indictable offence (i.e. an indictable offence with a punishment of five years or more in prison) to evade arrest, prosecution or convictio

• a person charged with a criminal offence

Define: Actus reus (pronounced ac·tus RAY·us)

• an act or omission that is (1) against an existing law, (2) harmful to an individual or society as a whole, and (3) punishable by law

• a Latin term meaning ‘a guilty act’; the physical element of a crime (i.e. the act itself). See also mens rea

• a serious offence generally heard before a judge and a jury in the County Court or Supreme Court of Victoria

Define: Bail

• the release of an accused person from custody on condition that they will attend a court hearing to answer the charges

• a serious offence generally heard before a judge and a jury in the County Court or Supreme Court of Victoria

• law made by judges through decisions made in cases; also known as case law or judge-made law (as opposed to statute law)

Define: Balance of probabilities

• a serious offence generally heard before a judge and a jury in the County Court or Supreme Court of Victoria

• an independent group of people chosen at random to decide on the evidence in a legal case and reach a decision (i.e. verdict)

• the standard of proof in civil disputes. This requires the plaintiff to establish that it is more probable (i.e. likely) than not that his or her side of the story is right

Define: Burden of proof

• a penalty (e.g. a fine or prison sentence) imposed by a court on a person guilty of a criminal offence

• where culpability or responsibility for committing a crime can be established without having to prove there was mens rea (i.e. a guilty mind)

• the obligation (i.e. responsibility) of a party to prove a case. The burden of proof usually rests with the party who initiates the action (i.e. the plaintiff in a civil dispute and the prosecution in a criminal case)

Define: Common law

• a statement filed with the court by a victim, and considered by the court when sentencing. It contains particulars of any injury, loss or damage suffered by the victim as a result of the offence

• law made by judges through decisions made in cases; also known as case law or judge-made law (as opposed to statute law)

• law made by parliament; also known as legislation or Acts of Parliament (as opposed to common law)

Define: Crime

• an act or omission that is (1) against an existing law, (2) harmful to an individual or society as a whole, and (3) punishable by law

• a person charged with a criminal offence

• the release of an accused person from custody on condition that they will attend a court hearing to answer the charges

Define: Criminal law

• a serious offence generally heard before a judge and a jury in the County Court or Supreme Court of Victoria

• an area of law that defines a range of behaviours and conduct that are prohibited (i.e. crimes) and outlines sanctions (i.e. penalties) for people who commit them (as opposed to civil law)

• an independent group of people chosen at random to decide on the evidence in a legal case and reach a decision (i.e. verdict)