QCAA Legal Studies key terms

The principle that everyone, including governments and officials, is subject to the same published laws, which are applied equally and fairly by independent courts.

The division of government authority into three branches: parliament makes law, the executive administers it, and the judiciary interprets and applies it independently.

The guarantee that judges decide cases free from direction by the government, parliament or litigants, secured by tenure, fixed salaries and protected appointment processes.

A legal tradition inherited from England in which judges develop rules through decided cases alongside statutes passed by parliament.

A law enacted by a parliament through the formal passage of a bill and receipt of royal assent, also called an Act of Parliament.

A proposed law presented to parliament that becomes an Act only after passing both houses and receiving royal assent.

The formal approval of a bill by the Crown's representative, being the final step before a bill becomes an Act of Parliament.

Rules made by bodies such as ministers, councils or agencies under authority granted by an Act, and subject to parliamentary scrutiny and disallowance.

A Latin phrase meaning beyond the powers; it describes delegated legislation or action taken without lawful authority and therefore invalid.

A principle from an earlier court decision that later courts of equal or lower rank must follow when the material facts are similar.

The legal reason essential to a court's decision, which binds lower courts in later cases involving similar facts.

A remark by a judge that is not essential to the decision; it is persuasive only and does not bind later courts.

A technique by which a court avoids applying a precedent because the facts of the present case differ materially from those of the earlier case.

When a higher court in a later case decides that an earlier decision of a lower court was wrong and should no longer be followed.

The lawful authority of a court or parliament to hear a matter or make laws, determined by subject matter, geography or the parties involved.

The power of a court to hear a dispute at first instance, including evidence and witnesses, rather than on appeal.

The authority of a higher court to review a decision of a lower court and to affirm, vary or set it aside.

A proceeding in which a party asks a higher court to review a decision, usually on a question of law, fact or sentence.

A trial model in which opposing parties present their own evidence and arguments before an impartial judge or jury who decides the outcome.

The obligation on a party to prove the facts in issue; in criminal matters it rests on the prosecution, and in civil matters usually on the plaintiff.

The degree of certainty required to establish a case: beyond reasonable doubt in criminal matters and on the balance of probabilities in civil matters.

The physical element of an offence, being the prohibited conduct, circumstances or consequences that the prosecution must prove.

The mental element of an offence, such as intention, knowledge or recklessness, which the prosecution must generally prove.

Legal responsibility for an offence, established when the physical and mental elements are proved and no defence applies.

A less serious criminal matter heard by a lower court such as a Magistrates Court, typically without a jury and with limited penalties.

A serious criminal matter usually heard in a higher court before a judge and jury after a formal charge is presented.

A preliminary hearing in a lower court to decide whether there is sufficient evidence for a serious charge to go to trial.

The right of an accused person to be treated as innocent until the prosecution proves guilt to the required standard.

The conditional release of an accused person before trial or sentence, granted when detention is not justified by risk.

The protection against being tried or punished twice for the same offence, subject to limited statutory exceptions.

A civil wrong established when a defendant owes a duty of care, breaches it, and thereby causes damage that is not too remote.

A legal obligation to take reasonable care to avoid foreseeable harm to persons who could be affected by one's conduct.

A civil wrong, independent of contract, that causes harm and entitles the injured party to a remedy such as damages.

A monetary sum awarded by a court to compensate a successful party for loss suffered, or occasionally to punish or deter.

A court order requiring a party to do, or refrain from doing, a specified act, often used to prevent continuing harm.

Methods such as mediation, conciliation and arbitration used to resolve civil disputes outside a court trial, usually faster and cheaper.

A voluntary process in which a neutral third party helps disputing parties negotiate their own settlement without imposing a decision.

A protection written explicitly into a constitution or statute, such as the implied or express guarantees recognised in Australian constitutional law.