VCE Legal Studies key terms

The principle that the parliament holds supreme law-making power, so it can make, change or repeal any law, and no court or other body can override or invalidate its legislation.

The principle that everyone, including the government and its officials, is subject to the same laws, which are known in advance and applied equally and fairly by independent courts.

Law made by a parliament through the passage of a bill, also called legislation or an Act of Parliament, and which takes priority over judge-made law where the two conflict.

Law developed by judges through decisions in court cases, based on precedent, filling gaps left by statute and interpreted consistently across similar later disputes.

A principle or rule established in an earlier court decision that binds or guides judges deciding later cases with materially similar facts, promoting consistency and predictability in the law.

The binding legal reason, or essential principle, on which a court's decision rests; lower courts in the same hierarchy must follow it when the facts are sufficiently similar.

A remark by a judge that is not essential to the decision and therefore not binding, though it may be persuasive and influence how later courts reason about similar issues.

A decision that a court is not obliged to follow but may consider influential, such as rulings from lower courts, other hierarchies, or overseas jurisdictions with comparable legal systems.

The process by which judges determine the meaning of words in legislation when a dispute arises, using approaches such as the literal rule, golden rule and purposive approach.

A method of interpreting legislation that focuses on the underlying purpose or objective the parliament intended to achieve, rather than only the ordinary meaning of the words used.

A proposed law introduced into parliament that must pass through both houses and receive royal assent before it becomes an Act of Parliament.

The formal approval of a bill by the Crown's representative, such as the Governor or Governor-General, which is the final step before the bill becomes law.

Laws made by bodies other than parliament, such as government departments or local councils, under authority granted by an enabling Act, often called subordinate or secondary legislation.

A Latin phrase meaning beyond the powers; delegated legislation or an official action is invalid if it exceeds the authority conferred by the enabling Act.

The division of government functions among the legislature that makes laws, the executive that administers them, and the judiciary that resolves disputes, preventing concentration of power.

The principle that courts and judges decide cases free from interference by the legislature or executive, secured through secure tenure, fixed remuneration and immunity for judicial acts.

The legal authority of a court to hear and determine a particular type of dispute, defined by the subject matter and monetary value involved.

The power of a court to hear a case for the first time, at first instance, rather than on appeal from a lower court.

The authority of a court to review and reconsider a decision made by a lower court, which may involve examining errors of law or the weight given to evidence.

The body of law that defines offences against the state, sets out penalties, and is generally prosecuted by the state on behalf of the community against an accused person.

The body of law that governs disputes between individuals or organisations, typically seeking compensation or another remedy rather than punishment of a wrongdoer.

The obligation on a party to prove the facts in issue; in criminal cases it rests on the prosecution, while in civil cases it generally rests on the plaintiff.

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

The right of an accused person to be treated as innocent until the prosecution proves guilt beyond reasonable doubt, protected by features such as bail and the burden on the prosecution.

The prohibited physical act or conduct, or legally relevant omission, that constitutes the external element of a criminal offence.

The guilty mind or mental element of a criminal offence, such as intention, knowledge or recklessness, which generally must accompany the prohibited act.

A person who assists or encourages the commission of an offence before or during its occurrence, without being the principal offender, and may be liable as a party to it.

The person who directly carries out the physical acts constituting a criminal offence, distinguishing them from others involved as accessories or accomplices.

A serious criminal offence, such as murder or armed robbery, generally heard in a higher court before a judge and jury after committal proceedings.

A less serious criminal offence, such as minor theft or traffic matters, heard and determined by a magistrate in the lower courts without a jury.

A pre-trial hearing in the lower court where a magistrate assesses whether there is sufficient evidence for an accused person to stand trial on an indictable offence.

The conditional release of an accused person from custody while awaiting trial, granted when the court or bail authority is satisfied the person should not be detained.

The detention in custody of an accused person while awaiting trial or sentencing, ordered when bail is refused or unavailable.

A civil wrong, such as negligence, defamation or trespass, that causes harm or loss to another person and gives rise to a right to claim a remedy.

A tort where a person breaches a duty of care owed to another, causing reasonably foreseeable loss or injury that would not otherwise have occurred.

The civil standard of proof, requiring the plaintiff's version of events to be more likely than not, meaning more probable than the defendant's account.

A monetary remedy awarded by a court to a successful civil plaintiff, intended to compensate for loss or injury suffered rather than to punish the defendant.

A court order requiring a party to do something, or to refrain from doing something, often used in civil disputes to prevent ongoing or threatened harm.

The relief or outcome a court may grant to a successful party in a civil dispute, such as damages, an injunction or specific performance of a contract.