Word of the week series:
Breaking Down Legal Terminology
A
Accused
A person who has been charged by the police with an offence.
Adjourn/Stand over
Putting off or postponing legal proceedings. The court will deal with a case at a later date.
Appeal
An application to a higher court to review a decision of a lower court or tribunal.
It is not a re-hearing of the original dispute
Acquittal
A finding that an accused person is not guilty of the crime with which they have been charged with.
B
Beneficiary
The person who will inherit and receive a benefit under the terms of a will. Also known as a ‘donee’ or ‘grantee’.
Brief of Evidence
The documents, including statements and photographs, that the police prosecutor will rely on in a case against a person charged with a criminal offence.
C
Case Law
Case law refers to previous court judgments in similar cases that establish a legal precedent
This is how the doctrine of precedent works (Court applies the principles or develops them by analogy)
CDOs are a type of post-sentence order that a court can make under Division 105A of the Criminal Code Act 1995 (Cth). CDOs allow the detention of an individuals based on the prediction that they may commit a future terrorism offence.
Committal proceedings
Proceedings before a magistrate to determine if a person charged with an indictable offence
should stand trial or be sentenced.
Closed Court
Only people invited by the magistrate can go inside and listen to what is happening.
General public are not allowed to be present.
A Children’s court is a closed court.
Community Service Order
A Court has decided that you must do unpaid work for the community at a specified centre or arranged by correctional services
For example: picking up rubbish.
D
Damages
This refers to the monetary compensation that a person may be entitled to receive from another person or entity as a result of harm, injury, or loss suffered.
The court awarded damages to the plaintiff to compensate for the losses suffered due to the defendant’s negligence
H
Hung jury
This is when there is no clear agreement among the jury members about whether someone
is guilty or not guilty.
This can lead to either a new trial or the case being stopped.
J
Jurisdiction
Jurisdiction refers to the authority of a court or legal system to hear and decide a particular case.
This ensures that cases are commenced, heard, and decided in the right court that has the authority to deal with them.
Jury
In New South Wales, a jury is a group of people selected to hear evidence in a legal case and make a decision based on that evidence.
L
Legislation
Legislation refers to the process of creating, enacting, and amending laws through the federal or state Parliament.
M
Magistrate
An independent judicial officer is appointed to decide cases in a Local or Magistrates Court.
A magistrate has limited powers which are set by law and are based on the court’s jurisdiction. This means that there are restrictions on the severity and duration of the penalties they can order.
P
Pro bono
“for the public good”
This refers to the practice of providing legal assistance for free or at a greatly reduced cost.
R
Remand
You will be locked up in detention while you wait to come back to Court.
This means you can either be on bail or remand.
Revoke
If you have broken a condition of your bail/parole/bond/probation order.
The Court may decide to cancel the order and make a different one or change the conditions.
S
Subpoena
A subpoena is a court order requiring a party (person or legal entity) to:
- produce one or more documents,
- give evidence
- or both in order to prove a matter in issue in a case.
This is usually an issue of fact.
Statute
A law that has been enacted by a legislative body, such as the federal or state Parliament.
