Section 1

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Cards (757)

Section 1

(50 cards)

acquit

Front

To find someone 'not guilty' on a charge in a criminal case.

Back

amendment

Front

A change made to a legal document or Act of parliament.

Back

accused

Front

A person who has been charged with a crime. Also known as a defendant.

Back

bail

Front

The procedure that allows a person who has been charged with an offence to be released from police control or prison from the time of the charge until the hearing of the case. Courts can add conditions to bail. For example, they can require that people released on bail promise to come to the court on a set date. Courts can also require them to put up an amount of money that they cannot get back if they do not appear in court as they promised.

Back

abate

Front

To stop harm being done to a property, or to the owner's or renter's full use of a property. See also nuisance.

Back

bail bond

Front

A form signed by a person released on bail. It sets out the promises the person has made to the court so they can be released from police control or prison. See also surety.

Back

alleged

Front

Claimed but not proved. For example, the police can allege in court that a car was stolen, but they then have to prove it with evidence. If you say a person did something illegal you are making an allegation. Unless you can back it up, you will not be able to win a court case about it.

Back

alibi

Front

Defence to a criminal charge on the grounds that the accused was not there when a crime was committed.

Back

balance of probabilities

Front

More likely than not. The plaintiff in a civil case (a non-criminal case) must prove that what they are arguing is more likely to be true than false. See also beyond reasonable doubt.

Back

arrears

Front

Money owed that must be paid back by the end of a certain period.

Back

asylum

Front

Protection offered by another country to a person who had to leave their home country because of persecution.

Back

agent

Front

A person who acts for someone else. They can make decisions, carry out tasks or make agreements for the other person. For example, if you ask someone to bid for you at an auction they will be acting as your agent.

Back

alternative dispute resolution

Front

A way of resolving a dispute outside the court system. There are different kinds of alternative dispute resolution, including negotiation and mediation.

Back

barrister

Front

A lawyer who specialises in giving advice in dif cult cases and representing clients in court.

Back

bankruptcy

Front

When a person who cannot pay their debts has their money and property taken over to be managed by a person who uses it to pay back creditors. The debtor is then called a bankrupt.

Back

aggravated damages

Front

Money ordered by a court as extra compensation, more than normal damages. This order can be made when someone who makes a claim in court can prove that the way the other party behaved while they were doing the wrong thing caused even greater injury or loss. See also damages.

Back

act of God

Front

A natural event such as a cyclone that no-one could see coming or prevent.

Back

attachment of earnings

Front

A court order that tells an employer to hold money back from an employee's wages and pay it to a creditor.

Back

antecedent

Front

Prior.

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Act

Front

A written law made by parliament, also called an 'Act of parliament', 'statute' or legislation.

Back

amicus curiae

Front

A person who is not a party to a dispute but appears in a case to help the court by representing a person without charge or by explaining complicated laws in a balanced way. Also known as a 'friend of the court'.

Back

bailment

Front

An arrangement in which a person has to look after another person's goods. The person looking after the goods must return them at the time the parties agreed, or when some task has been completed. For example, when you give your watch to a jeweller for repairs, the jeweller must look after it until you pay for the repairs. You can then get the watch back. Bailment has nothing to do with bail in criminal cases.

Back

abuse of process

Front

Using a legal right or process in a way that is unfair to others. For example, one party to a lawsuit can abuse a court procedure by causing delay on purpose, to get some advantage over the other party.

Back

annuity

Front

A payment or other benefit that is received once a year.

Back

attestation clause

Front

Words in a document that say a witness was there when the document was signed, and that they saw another person sign that document. The witness signs their name next to the attestation clause.

Back

affirmation

Front

One way to promise that a statement made by a witness in court or in an af davit is true. The other way is to swear an oath on the Bible or other holy book. People who cannot swear an oath because it would be against their religion, or because they have no religious belief, can make an af rmation instead. See also affidavit.

Back

aiding and abetting

Front

Helping someone carry out a criminal offence. For example, a person can aid and abet an arsonist by buying petrol for them, knowing they plan to burn down a building.

Back

assignment

Front

Legal transfer of some right to use property. For example, putting a lease over farmland into another person's name, or giving another person copyright in a song you have written.

Back

actus reus

Front

An act that must be proved before a court can nd someone guilty of a criminal offence. The acts are different for different offences. For example, armed robbery includes the act of using or pretending to use a weapon. See also mens rea.

Back

administrative act

Front

A decision or action by a government department or agency, made with the authority of an Act of parliament or case law. Government departments can only do what is allowed by the Act. If they do things they do not have power to do, their actions can be challenged in a court or tribunal. See also case law, tribunal, ultra vires.

Back

annul

Front

To cancel the legal effect of something, as if it never happened. For example, a court can annul a marriage, which means it was never valid, in contrast to making a divorce order, which ends a valid marriage.

Back

adjournment without conviction

Front

The outcome of a criminal case where the court does not record a conviction, as long as the person sentenced does not offend again within the period stated by the court. This court order is also known as a 'good behaviour bond', 'deferred sentence' or 'suspended sentence'.

Back

act of bankruptcy

Front

An act of a debtor that shows they cannot pay what they owe their creditors.

Back

adversarial system

Front

The system operating in courts in Australia and other common law countries. In this system, barristers question witnesses and present opposing arguments and evidence to the judge, who then decides between them and makes orders about what is to happen.

Back

arbitration

Front

A form of alternative dispute resolution where the parties appoint an independent person (an arbitrator) to sort out their dispute. Arbitration is often the method people choose to solve construction and shipping disputes.

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appellant

Front

A person who appeals against a court or tribunal decision.

Back

administrator

Front

(1) Someone who takes legal responsibility for the possessions of a person who has died without making a will or who is still alive but cannot manage their own possessions. For example, an administrator may be appointed to manage the money, house or other possessions of a person who has a severe mental disability. (2) A manager appointed by the directors of a company that is in nancial dif culty. This may give creditors a better chance of getting their money back because the company can keep trading under supervised management instead of being wound up.

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aggravating factors

Front

Circumstances that make an offence much more serious. For example, if a gun is used in a robbery that is an aggravating factor.

Back

adduce

Front

To adduce or lead evidence is to show a document or thing to the court, or to ask a witness questions, as part of an argument in a court case.

Back

abduction

Front

Unlawfully removing a person, often a child, from their home.

Back

beneficiary

Front

(1) Someone whose money or property is being looked after for them by someone else. (2) A person who is left something in a will. See also trust.

Back

age of consent

Front

The age a young person can legally have sex. In Victoria this is 16.

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award

Front

(1) A standard set of working conditions, including pay rates, for a particular industry. (2) A court decision that a party receive compensation, such as an 'award' of damages to compensate them for physical injuries.

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affidavit

Front

A document that presents written evidence in a court case, setting out what a witness says is true. It must be sworn to be true and correct in front of an authorised of cial, on oath or by af rmation.

Back

arrest

Front

To seize a person suspected of breaking the law and hold them under police control. Police have powers to arrest people they suspect are criminal offenders.

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adjourn

Front

To move a court hearing to another time or day.

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appeal

Front

The review of the decision of a lower court by a higher court. If an appeal is successful, the higher court can change the lower court's decision.

Back

bail justice

Front

An of cial, usually based at a police station, who has the same power as judges and magistrates to grant or refuse bail to an accused person.

Back

absolute privilege

Front

What people say in courts and parliaments cannot be used as the basis for a defamation lawsuit, which is a court action taken by a person to defend their reputation. See also defence, quali ed privilege.

Back

abrogate

Front

To abolish or cancel something, such as a law, so that it is no longer in force.

Back

Section 2

(50 cards)

conduct money

Front

Money covering the cost of travel to court. A party who requires a witness to appear in court must pay for them to get there.

Back

burden of proof

Front

The obligation on one legal party to prove their side of the case in court. In a criminal trial, the prosecution must leave no reasonable doubt that what they allege is what really happened. If they cannot prove their case in this way, the accused will not be convicted. In a civil trial, the plaintiff must prove that their claim is more likely to be true than false. See also balance of probabilities, beyond reasonable doubt, onus of proof.

Back

confidential relationship

Front

A relationship where one person trusts the professional independence of another person.

Back

consumer lease

Front

An agreement to hire goods for a particular period and to make payments for that hire.

Back

child maintenance order

Front

A court order about payments towards the costs of supporting and bringing up a child.

Back

by-laws

Front

A name sometimes used to describe the rules made by local government councils.

Back

chattel

Front

Property, such as jewellery, that can be moved, unlike land.

Back

bona fide

Front

Honest and genuine.

Back

business purpose declaration

Front

A document that formally states that a person bought goods to be used in a business, to make money, not for personal use.

Back

concurrent sentence

Front

A prison term that is served at the same time as another sentence. Because the sentences are not served one after the other, there is no extra time in prison for any sentences after the first one. See also cumulative sentence.

Back

certiorari

Front

An order made by a higher court, such as the Supreme Court of Victoria, that cancels the legal effect of a decision that was incorrectly made by a lower court, public of cial or authority, or one they had no power to make. See also jurisdiction, mandamus.

Back

character witness

Front

A person who appears in court to give a character reference for an accused person.

Back

clear title

Front

Outright ownership of property, without any remaining debts or other liabilities.

Back

committal proceedings

Front

A hearing in a Magistrates' Court that decides whether someone charged with a serious criminal offence should face trial in a higher court. It is also known as a preliminary examination. See also indictable offence.

Back

compensation order

Front

An order requiring that someone found guilty of an offence pay for damage to property caused by the offence.

Back

caveat

Front

(1) A warning or notice - for example, to a buyer to thoroughly check a product before buying it. See also caveat emptor. (2) A notice led with Land Victoria warning anyone who searches the land title that someone claims ownership or some other right in the land.

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community-based order

Front

A sentencing order that can be made by a court instead of ordering a prison term. The person sentenced must do unpaid or educational work in the community, supervised by the Of ce of Corrections.

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contest mention hearing

Front

A hearing in which parties can try to reach agreement on some matters before a full criminal hearing is held.

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bond

Front

(1) An undertaking by someone to do or not do something. (2) A tenant's payment of money to a landlord at the start of a tenancy. The bond is held in case there is any damage to the property or the tenant fails to pay rent.

Back

case law

Front

Law based on the reasons judges have given for their decisions in court cases, and which judges in later, similar cases are bound to follow. Under the doctrine of precedent, lower courts, such as the Magistrates' Court of Victoria, are bound to follow relevant decisions of higher courts, such as the Supreme Court of Victoria. Case law is also called 'common law' and 'judge- made law'.

Back

caveat emptor ('let the buyer beware')

Front

In the past, buyers who purchased goods could not easily get a refund if there was something wrong with the goods. These days buyers can get refunds or exchanges much more easily because consumer protection laws say goods must work properly and do what they are supposed to do.

Back

contempt of court

Front

Disobeying a court order or doing something that shows disrespect for the authority of the court or a judge.

Back

compensatory damages

Front

Payment of money ordered by a court in a civil case. For example, if a defamation claim is successful, damages must be paid by the defendant to compensate the person whose reputation they have harmed.

Back

charge

Front

(1) A statement giving the details of a crime an accused person is claimed to have committed. (2) A debt that is attached to money or anything else of value, similar to a mortgage on a house and land. When someone gives a guarantee that they will pay back a debt, they can agree to have a charge placed over their assets. This stops them selling or giving away the assets until the debt is paid off.

Back

complainant

Front

The person who formally starts an action in a court or tribunal or who makes a complaint to a complaint-handling body.

Back

breach of contract

Front

When a party to a contract fails to do what they agreed to do under the contract.

Back

beyond reasonable doubt

Front

The level of proof required in criminal trials. If there is any reasonable doubt about the case made by the prosecution, it has not been proved and the defendant will be found not guilty.

Back

bias

Front

When a judge or other decision-maker is not open to being persuaded. Bias can be shown by outright favouritism or hostility towards a party in a case, or by anything that could compromise a judge's or other decision-maker's fairness and independence, such as when they have a nancial interest in the outcome of a case.

Back

common law defence

Front

A defence to a crime or other wrongdoing that has developed from decisions in court cases. Compare this with a defence created by legislation.

Back

certificate of title

Front

A document created by Land Victoria that gives details of where a piece of land is, who owns it and any debt on it, such as a mortgage. Certi cates of title are of cial copies made from registers kept for all land in the state. See also transfer of land.

Back

Community Visitor

Front

A person who reports on the quality of mental health services and the welfare of patients.

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consideration

Front

Something of value, such as money, given by one person to another person as part of a contract.

Back

confidentiality

Front

The principle that private information told to a person must not be revealed. Some professionals must keep information confidential, for example in a doctor-patient relationship.

Back

conflict of interest

Front

A situation where someone's personal interests or their duties to another person could affect the way they carry out their duties. For example, a lawyer should not agree to represent the buyer as well as the seller in a sale of land.

Back

conciliation

Front

A form of alternative dispute resolution. The parties negotiate with the help of an independent person called a conciliator. The aim is to sort out the dispute by agreement.

Back

civil action

Front

A court case where a person or organisation sues another for compensation or for some other court order. This is different from a criminal case, where the police bring criminal charges and the court may give the defendant a penalty, such as time in prison, if they are found guilty.

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consumer

Front

Under The Australian Consumer Law, a person who buys goods or services for less than $40,000 or for personal or home use.

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consent

Front

To agree to or approve something.

Back

citizen's arrest

Front

A rule under case law which permits a person who sees a serious crime taking place to stop the person committing the crime and keep them under control until the police get there.

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capacity

Front

The ability to understand and be held responsible by the law for your actions. It also refers to a person's ability to understand and agree to something, such as to undergo medical treatment.

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community treatment order

Front

An order that authorises medical treatment for a patient who has been admitted to a psychiatric hospital without their consent. The treatment takes place in the community.

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clearout

Front

When a debtor moves away from where they live and does not tell their creditors what their new address is.

Back

contract

Front

An agreement that the law will enforce.

Back

cohabitation

Front

Living together as a couple.

Back

bequeath

Front

To leave money or other property to someone in a will. For example, a grandmother might bequeath her engagement ring to her granddaughter.

Back

code of practice

Front

Guidelines setting out proper practice in an industry or occupation. For example, a code of practice can set out safety guidelines for an industry. Codes can be voluntary or required by legislation.

Back

codicil

Front

A document that changes an existing will.

Back

contact order

Front

A court order about how often someone can see their children if they don't live with them. A contact order states the type and frequency of contact that is allowed between an adult, such as a parent, and a child.

Back

civil law

Front

The area of law that covers disputes between organisations, companies or individuals, such as the law relating to contracts.

Back

comprehensive insurance

Front

Car insurance that covers a person for claims against them for damage they do to other people's property and also for damage to their own property.

Back

Section 3

(50 cards)

cumulative sentences

Front

Prison terms that are served one after another, not at the same time. See also concurrent sentence.

Back

delegation

Front

Back

cross-examination

Front

An opposing party's questioning of a witness in a court case.

Back

credit contract

Front

A contract relating to the giving of credit. Credit is being allowed to pay later, in the future, for something you are getting now.

Back

credit

Front

A debt that does not have to be paid until some time in the future.

Back

Victoria Law Foundation Legal glossary 11

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defence

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Back

Crown

Front

(1) A common term for the legal power and authority of the Commonwealth, state and territory governments. (2) Another name for the prosecution in a criminal trial. See also prosecution.

Back

To damage another person's reputation by publishing or communicating false statements about them.

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Back

deemed

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Back

contravene

Front

To break a rule or requirement.

Back

decree

Front

(1) A command given by a public authority. For example, a health authority might decree that animals with a contagious disease be quarantined.(2) A court order.

Back

decree of nullity

Front

A court order stating that a marriage is not legally valid. See also marriage.

Back

corroboration

Front

Something that backs up evidence another witness has given in court.

Back

Front

Back

Removal of a non-citizen from a country because they do not have a legal right to enter or remain there, have been convicted of a serious crime or are regarded as a threat to national security.

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Back

decree absolute

Front

The nal court order in divorce proceedings.

Back

debtor

Front

A person who owes a debt.

Back

cover note

Front

A document given by an insurer as evidence of temporary cover before a formal policy can be issued.

Back

default

Front

Back

The transfer of responsibilities from a higher authority to a lower one. For example, a government minister may have power to delegate their decision- making responsibility for visa applications to a public servant. When there is a delegation, the higher of cial continues to have the authority to make the decision.

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defamation

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Back

Failure to do something that is legally required. For example, a person who fails to make a payment on their car is in default on the loan.

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Back

custodial sentence

Front

A prison sentence.

Back

A person who swears or af rms an af davit. See also af davit.

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Back

deed

Front

A formal legal document that is used for speci c purposes, such as trusts, some types of ownership of land and agreements where no money is going to be paid. Deeds must clearly state that they are a deed, and they usually include the term 'signed, sealed and delivered'. They are also called 'contracts under seal'.

Back

de facto

Front

Commonly used to refer to two people living together as a married couple but who are not legally married. They are sometimes said to be in a 'de facto' marriage or relationship. 'De facto' means 'in fact'. See also domestic relationship.

Back

deportation

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Back

Treated by the law as having certain characteristics, whether or not they have those characteristics in reality. For example, children may be deemed to have the same home as their parents whether they actually live there or not.

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Back

debt

Front

Money owed.

Back

debt agreement

Front

An arrangement between a debtor and a creditor for the repayment of a debt, sometimes by instalments.

Back

decree nisi

Front

A temporary order that terminates a marriage. Neither party can remarry until the order is nalised, usually a month after the decree nisi is issued. See also decree absolute.

Back

cooling-off period

Front

The period in which a buyer can legally get out of a contract they have signed without breaking it. A contract to purchase a house in Victoria will often have a cooling-off period of three days.

Back

declaratory order

Front

A court's judgment about the meaning of a point of law in a case. A declaratory order just states the law. It does not itself include a remedy such as damages or an injunction. See also damages, injunction.

Back

damages

Front

A court order for money to be paid to someone to compensate them for a loss. For example, a person who caused an injury to another person that stopped them working can be ordered by the court to pay damages that compensate the injured person for their loss of income. See also liquidated damages.

Back

custody

Front

When a person is put under lawful control, such as when a person is arrested by the police and taken to a police station.

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Front

Back

conveyance

Front

A document used to transfer land from one person to another. Similar to a transfer of land registered with Land Victoria. See also certi cate of title, transfer of land.

Back

contributory negligence

Front

A defence in a negligence case. The defendant tries to prove that the plaintiff's own carelessness was part of the reason they got injured.

Back

costs

Front

The amount charged by a lawyer for legal work. Lawyers can only charge the amount agreed with the client in a costs agreement or the amount stated by a court in its rules. The party who loses a case usually has to pay all their own costs plus most of the costs of the other side. See also indemnity costs.

Back

deponent

Front

Back

counsel

Front

A lawyer who appears in court and speaks on behalf of their client, often a barrister. See also barrister.

Back

creditor

Front

A person or organisation that a debt is owed to.

Back

defendant

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Back

covenant

Front

A formal, written agreement that creates a legal obligation. For example, a property developer might add a covenant to every block of land in a subdivision to stop anyone building a house there unless it is made of brick.

Back

A person who has been charged with a criminal offence or against whom a civil lawsuit has been brought.

Front

Back

counterclaim

Front

A formal document that states a person's answer to the writ or other claim that started a legal action against them. For example, if a plaintiff sues a defendant for damage that his dog has caused his garden, the defendant might make a counterclaim that the plaintiff damaged a fence that would have kept the animal in. A defendant can use a counterclaim instead of suing the other party in a separate court action.

Back

depositions

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Back

copyright

Front

Property rights over creative works, such as books, music, art, sound recordings, lms or broadcasts. Generally only the copyright owner, or someone who has their permission, can publish, copy, perform or broadcast the works.

Back

(1) A defendant's response to the legal claims made against them in court by a prosecutor or plaintiff. (2) A lawful excuse for conduct: for example, killing someone in self-defence. (3) A term referring to the defendant and their legal team.

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Back

Section 4

(50 cards)

equity

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Back

Forcing someone to do something they do not want to do. An agreement signed under duress will be invalid.

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discoverable date

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Back

Property belonging to a bankrupt that can be used to pay off debts.

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disclosure

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An action by an owner to get their land back, sometimes involving evicting a tenant from it.

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An obligation to take reasonable care to avoid harming someone or something.

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A decision.

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discharge

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ejectment

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A lawyer who provides free assistance at court to a person who has been charged with a criminal offence and has not yet had any legal advice.

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A short meeting between the judge and the lawyers in a case to decide how the case will be run until the hearing starts. For example, information can be given about the law and about what evidence can be admitted.

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discretion

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Back

Power to choose whether to do something or not. For example, a judge may have discretion to allow a party extra time to complete a document if it would be unfair to enforce the legal time limit.

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A relationship where people live together as a couple or a family. This describes people's living arrangements, not their marital status.

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E

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Back

Compulsory sharing of facts and documents between parties before a case is heard in court.

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encumbrance

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endorse

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estate

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Back

(1) When a person ful ls or is released from an obligation. (2) To release someone. For example, letting a prisoner out of jail.

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domestic relationship

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enduring power

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Back

A legal restriction, such as a mortgage, that prevents the owner from freely dealing with real estate or other property.

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duplicity

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determination

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Back

A legal right over another person's land. Easements are usually listed on a property's title. For example, a right of way to walk or drive across a property to get to another place is an easement.

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Back

A person's permanent home according to the law. The home base where they belong. It is not necessarily the same as 'residency', which is where someone is presently living. It is particularly relevant to family law and taxation law.

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easement

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Back

(1) Fairness and justice. (2) A right to property that the court will recognise even though it does not amount to full legal ownership. (3) A set of legal rules that aims to reduce any harshness that would result from strict application of the law.

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discovery

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domicile

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double jeopardy

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Back

(1) Deceit. (2) Charging a person with more than one offence on the basis of one set of circumstances.

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Money paid by one person on behalf of another person. For example, a lawyer pays the cost of lodging documents on behalf of their client. Also called 'out- of- pocket' expenses.

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Providing information to a party as required by a contract or other legal process.

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To seize property of a debtor to enforce the payment of a debt.

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distrain

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disbursement

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A written record of the evidence given on oath at a committal hearing. Depositions may be used if the witness cannot give evidence when the trial takes place. See also committal hearing.

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Victoria Law Foundation Legal glossary 12

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To support or approve something.

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divisible property

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directions hearing

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Back

The principle that no-one should be placed at risk - 'in jeopardy' - of being convicted of a criminal offence for which they have already been punished. For example, in most circumstances if you have been on trial and found not guilty you cannot be put on trial for the same offence again even if there is new evidence.

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duty of care

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duty lawyer

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Back

The rst date that a person knew, or should have known, that someone was injured, that the defendant caused it and that the injury was serious enough for compensation to be ordered.

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duress

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Written authority given to a person to make decisions on behalf of another person. The authority remains valid even when that person is no longer mentally competent. There are different types of enduring powers including enduring powers of attorney ( nancial), enduring powers of attorney (medical treatment) and enduring powers of guardianship. See also power of attorney.

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Section 5

(50 cards)

An obligation to act honestly and for the bene t of another person. The duty only applies to certain relationships where a duciary relationship exists - for example, a solicitor owes a duciary duty to their client.

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A legal rule that stops someone from going back on what they said they would do in an agreement when it has been relied on by another party to their disadvantage.

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A term in a contract which tries to exclude rights or avoid liabilities. It is also sometimes called a 'limitation clause'.

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Victoria Law Foundation Legal glossary 13

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Keeping someone locked up or preventing them leaving against their will, without lawful authority. See also habeas corpus.

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The person named in a will as the one who must ensure that the deceased person's intentions, as stated in the will, are carried out.

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forensic procedure

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estoppel

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Something done as a favour, without any legal obligation to do so.

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ex parte

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When a party questions his or her own witness in court.

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The lawful removal of a tenant from a property.

Front

Back

fraud

Front

Back

The right to join or choose to be identi ed with some group with a common interest. For example, people have a right to join a union.

Front

Back

eviction

Front

Back

All the property a person has. It is often used to describe property belonging to someone who has died, or the property of a bankrupt.

Front

Back

Victoria Law Foundation Legal glossary 14

Front

Back

An of cial authorisation to do something, issued in the name of a government of cial. For example, an Attorney-General can give their at to allow a person to bring proceedings in a court when they would not normally have the right to do so.

Front

Back

The amount a person does not get back from the insurer when they make a claim on their insurance. For example, if a car is insured for an agreed value of $10,000 with an excess of $1000, the insurer will pay only $9000 on a claim if the car is written off.

Front

Back

family violence intervention order

Front

Back

A court order made to protect a family member from violence, intimidation or harassment. See also intervention order.

Front

Back

Dishonest action or inaction intended to deceive someone.

Front

Back

executor

Front

Back

exhibit

Front

Back

exemplary damages

Front

Back

A verbal or written promise made about a product - for example, when someone selling a toaster says it will last for six years.

Front

Back

express warranty

Front

Back

A document or thing that is provided as evidence in a court case or referred to in a sworn statement. For example, a gun might be produced as an exhibit in a criminal case, and a bank statement might be produced in a civil case.

Front

Back

exclusion clause

Front

Back

An application to a court made by one party only, where the other party is not present or does not yet know about the court action.

Front

Back

at

Front

Back

G

Front

Back

freedom of association

Front

Back

F

Front

Back

A process used when a person is sent by one state or country to another state or country to face criminal charges there.

Front

Back

excess

Front

Back

Material presented to a court to prove or disprove a fact. It can include what witnesses say as well as documents and other objects.

Front

Back

A court order that a wrongdoer pay the victim a larger amount of damages than necessary to compensate for their loss. Its purpose is to punish the wrongdoer and make an example of them. See also general damages, special damages.

Front

Back

duciary duty

Front

Back

ex gratia

Front

Back

forensic patient or resident

Front

Back

A person detained in a mental hospital or institution after being found un t to stand trial, or found not guilty because of mental illness or intellectual disability.

Front

Back

expulsion

Front

Back

freedom of information

Front

Back

evidence

Front

Back

extradition

Front

Back

A method of collecting evidence, such as taking ngerprints or getting a DNA sample, from a person suspected of an offence.

Front

Back

examination in chief

Front

Back

Permanent removal from an organisation or place. For example, a school principal might order the expulsion of a student from school.

Front

Back

false imprisonment

Front

Back

Section 6

(50 cards)

I

Front

Back

hire

Front

Back

An organisation, such as a club, formally set up as a separate, legally- recognised body.

Front

Back

A person, other than a friend or family member, who provides support to a person with an intellectual disability, brain injury or mental illness when they are being questioned by the police.

Front

Back

A contract that requires a buyer to purchase goods by making instalment payments. The buyer only owns the goods after they have made the nal instalment payment.

Front

Back

in loco parentis

Front

Back

Someone who is acting in the position of a parent and has authority over a child. For example, a school teacher in charge of children on a school bus trip.

Front

Back

identi cation parade

Front

Back

The steps that need to be followed by someone with a complaint, often against an employer or government department or agency.

Front

Back

A promise that goods and services will be of reasonable quality. This does not need to be written into the contract as it automatically applies to all goods and services sold in Victoria.

Front

Back

Something that is not allowed as evidence in a court hearing. For example, the fact that someone has been convicted of theft in the past is inadmissible to show that they stole something this time.

Front

Back

identi cation material

Front

Back

independent witness

Front

Back

hearing

Front

Back

Victoria Law Foundation Legal glossary 15

Front

Back

A police line-up. A group of people that includes a suspect and several other people who have nothing to do with the case. A person who saw an offence being committed is asked to say whether anyone in the line is the offender. If they pick the suspected person, it can be used as evidence in court.

Front

Back

implied terms

Front

Back

in lieu of

Front

Back

Material that is collected by police to help identify a person suspected of committing an offence. This may include ngerprints, voice recordings, handwriting samples or photographs.

Front

Back

implied warranty

Front

Back

Part of the money a court orders a defendant to pay as compensation. General damages cover losses that cannot be calculated exactly, such as money for pain and suffering, dis gurement or loss of earning capacity or enjoyment of life. See also exemplary damages, special damages.

Front

Back

A promise to pay compensation to cover losses or expenses that may arise in the future. For example, an insurance policy covers losses caused by another person's actions.

Front

Back

Papers that are included in a contract or other legal document because they are speci cally referred to and stated to form part of the contract.

Front

Back

The right to access documents held by government agencies, except documents excluded under the law.

Front

Back

Statements about something that has not been seen or heard by the witness, but has been told to them by another person. Hearsay evidence is usually not allowed in court.

Front

Back

Someone who is legally responsible for taking care of another person or their property.

Front

Back

guarantee

Front

Back

Instead of.

Front

Back

grievance procedure

Front

Back

habeas corpus

Front

Back

hand-up brief

Front

Back

A common law action challenging the legality of someone's imprisonment.

Front

Back

A collection of documents that must be given to - 'served on' - the accused person in a criminal case and provided to the court. The brief must contain all the charges and a summary of evidence that will be used against the accused. See also service.

Front

Back

hearsay evidence

Front

Back

hire purchase

Front

Back

general damages

Front

Back

incorporated association

Front

Back

H

Front

Back

The time and place at which a court or tribunal hears the parties argue their case and makes a decision.

Front

Back

Victoria Law Foundation Legal glossary 16

Front

Back

A binding promise made by one person to ensure that another person carries out their legal obligations. The person making the promise is called a guarantor.

Front

Back

(1) An agreement to pay for the temporary use of something, for example a car. Also called renting or leasing. (2) To employ someone to do work.

Front

Back

inadmissible

Front

Back

indemnity

Front

Back

(1) Unwritten promises that a court considers are part of an agreement because it is clear that the parties meant to include them. (2) Terms that, under legislation such as consumer protection laws, are automatically part of some agreements. For example, under legislation all goods sold in Victoria must be of a reasonable quality. See also merchantable quality.

Front

Back

Independent Third Person

Front

Back

Lawyers' fees paid in full by the party who loses a court case. See also costs.

Front

Back

incorporated documents

Front

Back

guardian

Front

Back

indemnity costs

Front

Back

Section 7

(50 cards)

Rights given by legislation to make money out of inventions and creative work. It includes copyright, industrial designs, patents, trademarks and plant breeder's rights. The inventor or creator can keep the rights or sell them. Other people can be sued for making copies without paying royalties. See also copyright.

Front

Back

A sentence that is served in the community rather than in jail. Intensive correction orders have very strict conditions attached to them.

Front

Back

informed consent

Front

Back

instrument

Front

Back

intellectual property

Front

Back

An independent person who sits with a child being questioned by police when their parent or guardian cannot be present. The independent witness ensures that the child is cared for and understands what is happening.

Front

Back

intensive correction order

Front

Back

Without a will. A person is said to have died intestate if they die without making a will.

Front

Back

indictment

Front

Back

A serious crime that is generally heard before a judge and jury in a criminal case.

Front

Back

Damage to health caused by conditions in a workplace. For example, lung disease caused by working in a mine or a wheat silo without a face mask.

Front

Back

A child or young person under 18. In law, an infant is not just a baby. The more common legal term for someone who is not an adult is 'minor'. See also minor.

Front

Back

inquisitorial legal system

Front

Back

Victoria Law Foundation Legal glossary 17

Front

Back

A court order that prohibits a person from harming or harassing someone. See also family violence intervention order, personal safety intervention order.

Front

Back

The end of a marriage. If a husband and wife cannot save their marriage, the court will grant a divorce if they have been separated for 12 months or more.

Front

Back

When a person freely agrees to a procedure with full understanding of what it involves and knowing about any risks. For example, a patient can give informed consent to surgery after a surgeon explains to them the risks involved.

Front

Back

A person who swears an af davit stating that an offence has occurred and is named on the documents that start a criminal case in court. The informant is usually a police of cer but can also be the victim of the crime. See also af davit.

Front

Back

instalment order

Front

Back

indictable offence

Front

Back

interim order

Front

Back

Unable to be enforced at law. A legal provision or document that is not in proper legal form.

Front

Back

infringement notice

Front

Back

irretrievable breakdown

Front

Back

A document that lists the charges against an accused and is led with the court to begin criminal proceedings.

Front

Back

judgment debt

Front

Back

J

Front

Back

A temporary court order that stays in place only until a court can make a decision on the issue at a full hearing.

Front

Back

intervention order

Front

Back

jurisdiction

Front

Back

A court order that allows a debtor time to pay off a debt that has been proved in court. Payments may be made monthly or weekly instead of all at once. See also judgment debt.

Front

Back

A formal document, in writing or digitally authorised, which has a legal effect. For example, a transfer of land is an instrument that has the effect of changing ownership from one person to another.

Front

Back

insolvent

Front

Back

injunction

Front

Back

informer

Front

Back

The court's review of an administrative decision on the basis of a legal error in the decision-making process. For example, a court can review a decision by an of cial on the ground that the of cial is biased. See also administrative act.

Front

Back

A notice stating that an offence has been committed. It also states the amount of any ne that has to be paid.

Front

Back

invalid

Front

Back

The amount of money that a court has ordered a debtor to pay.

Front

Back

industrial disease

Front

Back

judicial review

Front

Back

The authority of a court or tribunal to hear matters brought before it.

Front

Back

A court order that directs a person to do, or not to do, something. For example, a court can order a developer not to demolish a historic building.

Front

Back

infant

Front

Back

K

Front

Back

When a person is unable to pay their debts in full when they are due.

Front

Back

intestate

Front

Back

informant

Front

Back

A kind of legal system found outside Australia, where judges can ask witnesses questions and make their own investigations about the facts in a case. See also adversarial system.

Front

Back

A person, often a criminal, who gives information to the police about criminal activity by other people. Informers may hope for a reward or a lighter punishment for their own offences.

Front

Back

Section 8

(50 cards)

A credit provider who has an agreement with someone selling goods. If a customer wants to buy goods but needs to borrow the money, the seller will suggest the buyer go to that credit provider.

Front

Back

Victoria Law Foundation Legal glossary 19

Front

Back

A party in a civil action.

Front

Back

A desire to cause harm to someone.

Front

Back

The costs a lawyer charges their own client.

Front

Back

Deliberately involved in committing a criminal offence.

Front

Back

A person who owns property and rents it out to another person.

Front

Back

lawyer-client costs

Front

Back

local laws

Front

Back

Court proceedings about a civil dispute, not a criminal case.

Front

Back

An adult who acts in court for a child or person with an intellectual disability. A litigation guardian must pay for the costs of the court action if it is unsuccessful.

Front

Back

An amount of money that is de nite or easily worked out. For example, the cost of a repair bill. See also unliquidated.

Front

Back

A letter, usually written by a lawyer for their client, telling the person who receives it that unless they do what the letter says they will be sued. For example, a letter of demand can ask a debtor to repay a loan to avoid being sued.

Front

Back

letters of administration

Front

Back

lessee

Front

Back

litigation

Front

Back

The right to appear in a court action and be heard. It is also called standing. In general, a person cannot have their say in a court case about something that does not directly affect their interests. See also standing.

Front

Back

The rental of a property - it does not amount to ownership.

Front

Back

A person who receives a gift in a will. The gift, called a legacy, is not land but usually something else of value, such as jewellery or shares.

Front

Back

knowingly concerned

Front

Back

maintenance

Front

Back

A document that sets out an agreement for the renting out of property, such as a house or car.

Front

Back

The right to hold a person's property as security until an obligation is performed. For example, property may be held by a creditor until a debt is paid.

Front

Back

litigant

Front

Back

letter of demand

Front

Back

M

Front

Back

Victoria Law Foundation Legal glossary 18

Front

Back

lease

Front

Back

Money paid to a person to nancially support them. For example, when a couple has separated a court can order a parent to make regular payments to support their child.

Front

Back

locus standi

Front

Back

liquidated damages

Front

Back

liability

Front

Back

See defamation.

Front

Back

leasehold

Front

Back

An amount xed in a contract as the amount the parties agree will be payable if the contract is broken. It must be a realistic amount to compensate the other party, not a penalty. See also damages.

Front

Back

litigation guardian

Front

Back

liquidated amount

Front

Back

Legal responsibility.

Front

Back

malice

Front

Back

L

Front

Back

An obligation the law will enforce.

Front

Back

A person who rents property, such as a tenant who rents a house from a landlord.

Front

Back

A document that gives a person authority to manage the property of a person who has died without making a valid will. See also intestate.

Front

Back

lien

Front

Back

linked credit provider

Front

Back

lessor

Front

Back

legatee

Front

Back

libel

Front

Back

legally binding

Front

Back

Laws made by local councils, also known as by-laws.

Front

Back

Section 9

(50 cards)

A legally binding agreement between a man and a woman to have a permanent relationship together as husband and wife. There must be a formal statement in front of of cial witnesses who register the marriage with the authorities.

Front

Back

means test

Front

Back

material

Front

Back

mens rea

Front

Back

Victoria Law Foundation Legal glossary 20

Front

Back

misrepresentation

Front

Back

mandatory

Front

Back

Rules that courts, other dispute settlement bodies and government of cials must follow to ensure that decisions are fair to all parties. Examples include the requirement that decision-makers act fairly without bias and the right of all parties involved in a case to present their side of a dispute.

Front

Back

A form of alternative dispute resolution where an independent person (a mediator) is appointed to help the parties come to agreement. Mediators do not decide the outcome of the dispute. They help the parties consider the issues and best outcome. Parties may choose to use mediation instead of going to court, or the court may order the parties to go to mediation as a way of avoiding a court hearing.

Front

Back

marriage

Front

Back

mortgagor

Front

Back

The mental part of a crime that the prosecution must prove in a trial. For example, an intention to steal something is the mens rea for the crime of theft. There is also a physical part of a crime, known as actus reus, that must be proved by the prosecution. See also actus reus, prosecution.

Front

Back

Relevant or important. For example, material evidence is something that helps to prove an argument in a criminal case.

Front

Back

native title

Front

Back

The interests and rights of Indigenous Australians to their traditional land. This title is not the same as a certi cate of title. It is a connection to land under traditional laws and customs that has not been interrupted by later settlement.

Front

Back

minor

Front

Back

Making a statement or doing something that is false in order to try to get someone to do something they would not otherwise have done.

Front

Back

A signed document, such as a cheque, that transfers money from person to person.

Front

Back

Required by law to be done.

Front

Back

A person who borrows money and signs a mortgage as security. The money is often lent to buy something valuable, such as real estate, and the mortgage is a debt over that property. See also mortgage and mortgagee.

Front

Back

mortgagee

Front

Back

mediation

Front

Back

necessaries

Front

Back

natural justice

Front

Back

Things such as food and basic clothes that the law says are needed for people to live a reasonable life. A minor, in Victoria someone under 18 years old, cannot enter a legally enforceable contract, except for necessaries.

Front

Back

A person or body, such as a bank, that lends money secured by a mortgage over the property of the borrower.

Front

Back

In Victoria, a child or young person under 18. See also infant.

Front

Back

A person who brings a court action on behalf of a child or a person of unsound mind. See also guardian, independent witness.

Front

Back

mitigating circumstances

Front

Back

The rst day that a criminal matter is brought before a Magistrates' Court. On this day, a person tells the court whether they will plead guilty or not guilty to a criminal charge.

Front

Back

A court order requiring a lower court, government body or of cial to do something that they have a duty to do. For example, the court might order a minister to reconsider an application for a new broadcasting licence they have failed to consider properly.

Front

Back

An act that breaches a duty to take reasonable care and results in loss or damage to another person.

Front

Back

next friend

Front

Back

Being in good enough condition to be sold. Under Australian consumer protection laws, goods must be of merchantable quality.

Front

Back

mention date

Front

Back

mandamus

Front

Back

Something done by a manufacturer or seller that is unfair, dishonest or likely to mislead a consumer when buying goods or services.

Front

Back

Victoria Law Foundation Legal glossary 21

Front

Back

negligence

Front

Back

Circumstances which reduce the damages or punishment a court may order against a defendant.

Front

Back

A law that says people in particular jobs must tell a government agency if they know an offence is being committed. For example, doctors and teachers must report child abuse.

Front

Back

mandatory reporting

Front

Back

A list of requirements that a person must meet to qualify for a bene t such as a pension or other nancial assistance. Means tests often take into account a person's income and assets.

Front

Back

N

Front

Back

nominal damages

Front

Back

misleading or deceptive conduct

Front

Back

A debt on real estate or goods as security for the repayment of money borrowed. The mortgage stops the owner of the property selling it until they have paid off the debt.

Front

Back

negotiable instrument

Front

Back

merchantable quality

Front

Back

mortgage

Front

Back

Section 10

(50 cards)

non-custodial sentence

Front

Back

parenting orders

Front

Back

obiter dictum

Front

Back

O

Front

Back

A small amount of damages that a court can order a defendant to pay a plaintiff when a right has been violated but no damage of monetary value has been done. For example, a person can sue for trespass if a person goes onto their property without permission. The court would order nominal damages if no harm was done to the property.

Front

Back

The amount of money a person is expected to earn in a week. If a person does not work, the court calculates how much the person would be capable of earning if they did work.

Front

Back

parenting plan

Front

Back

A criminal sentence that does not involve imprisonment.

Front

Back

P

Front

Back

order nisi

Front

Back

The rst step in agreeing to make a legally binding agreement. An offer must be accepted before there can be a legally enforceable contract. For example, a person can offer to sell their car for $5000 and a buyer can accept the offer and pay that purchase price.

Front

Back

The most important thing, above anything else.

Front

Back

Words said or written by a judge, when deciding a court case, which are not necessary for the decision. For example, a judge in the Supreme Court of Victoria might say in passing that the law on theft in the United Kingdom is not the same as the law on theft in Victoria. Since the Supreme Court is not bound by United Kingdom law, the judge's comment about it is not necessary for the court's decision.

Front

Back

A written agreement between parents who are separated or divorced that covers arrangements for the care and nancial support of their children. Parenting plans can set out things like where the children will live and who will pay for what.

Front

Back

A person's promise to tell the truth in court. A person taking an oath places one hand on the Bible or other holy book to demonstrate how seriously they take their promise. See also af rmation.

Front

Back

parol agreement

Front

Back

ombudsman

Front

Back

When a person is released on bail without having to pay money to guarantee they will attend court on a speci ed date.

Front

Back

Victoria Law Foundation Legal glossary 22

Front

Back

offence

Front

Back

A person who has committed a crime.

Front

Back

on their own undertaking

Front

Back

The family law principle that the welfare of children is the most important consideration to be taken into account when court orders are being made.

Front

Back

An order that will come into force at the end of a stated period unless a speci ed event happens. See also decree absolute and decree nisi.

Front

Back

offer

Front

Back

A public of cial appointed to investigate citizen complaints against government departments and statutory authorities. The term can also refer to an umpire who resolves consumer complaints in a particular industry, for example, banking. See also statutory authority.

Front

Back

Doing something that stops another person fully using and enjoying land they own or occupy. For example, someone burning off smelly rubbish in their backyard might ruin a neighbour's enjoyment of their gardening. See also private nuisance, public nuisance.

Front

Back

nuisance

Front

Back

notice of defence

Front

Back

originating motion

Front

Back

nominee

Front

Back

The responsibility to prove a case in court. In criminal trials, the prosecution must prove its case, leaving no reasonable doubt about it. In civil (non- criminal) cases, the plaintiff must prove that their claims are more likely to be true than false. See also burden of proof, standard of proof.

Front

Back

(1) A person put forward as a candidate for an elected position. (2) A person chosen to act on behalf of someone else. See also agent.

Front

Back

The minimum period that a person must spend in prison before they are eligible to be released on parole. See also parole.

Front

Back

own motion

Front

Back

onus of proof

Front

Back

non-parole period

Front

Back

Something a court does without being asked by the parties in a case. For example, a court can 'of its own motion' nd a person guilty of contempt of court.

Front

Back

A court order for the care of children when their separated or divorced parents cannot make arrangements for this themselves. The order covers matters such as where the child will live, contact with the parents and nancial support.

Front

Back

A criminal act.

Front

Back

parol evidence

Front

Back

offender

Front

Back

oath

Front

Back

Victoria Law Foundation Legal glossary 23

Front

Back

A verbal agreement.

Front

Back

paramount

Front

Back

An application that starts a court proceeding. The process, which is different for different courts, is set out in rules made by the court.

Front

Back

notional earnings

Front

Back

paramountcy principle

Front

Back

In a civil case, a document that a defendant must give to a plaintiff informing them that they will defend the lawsuit against them, and the reasons why.

Front

Back

Section 11

(50 cards)

See committal proceedings.

Front

Back

party

Front

Back

pecuniary

Front

Back

perpetual succession

Front

Back

perpetrator

Front

Back

Where the court orders that one party pay the court costs of the other party.

Front

Back

An order made by the Supreme Court of Victoria or the High Court of Australia to cancel the claimed legal effect of a decision (certiorari), or to require a body to do something (mandamus), or to prohibit a body from acting outside its authority (prohibition). See also certiorari, mandamus, prohibition, ultra vires.

Front

Back

A person who makes decisions about medical treatment for a person who cannot give informed consent to it themselves. See also informed consent.

Front

Back

The principle in criminal law that every person is innocent until a court nds them guilty.

Front

Back

A person who begins a civil lawsuit against another person.

Front

Back

pre-sentence report

Front

Back

precedent, doctrine of

Front

Back

pleadings

Front

Back

party-party costs

Front

Back

A formal, written legal document in which one person gives another person power to make decisions or take actions for them in certain situations.

Front

Back

A report the court considers before sentencing a young person. It is usually prepared by the Department of Human Services (Victoria).

Front

Back

plaintiff

Front

Back

A court order made to protect a person from violence, intimidation or harassment by someone who is not a family member.

Front

Back

preliminary examination or hearing

Front

Back

Verbal evidence. The parol evidence rule says that where a written agreement exists, verbal evidence cannot be used to change the meaning of that agreement.

Front

Back

prerogative writ

Front

Back

The criminal offence of lying when questioned in court or when making a sworn statement. See also af rmation, oath.

Front

Back

An order made by a court that a child live with someone who is not their parent.

Front

Back

portability

Front

Back

petition for bankruptcy

Front

Back

personal safety intervention order

Front

Back

To free a prisoner after they have served a minimum term but before the end of their sentence. While on parole they may be subject to conditions such as having to report regularly to police.

Front

Back

A person who commits a crime. See also offender.

Front

Back

Able to be moved. For example, mobile phone numbers and health insurance contribution periods are portable. You can take them with you if you change from one service provider to another.

Front

Back

perjury

Front

Back

power of attorney

Front

Back

Victoria Law Foundation Legal glossary 24

Front

Back

Something that seems to be the case, on the face of it. For example, if a court requires a prima facie case to exist before a person can start a legal action, there must be enough evidence to suggest, without going into the case in full, that the claim could succeed.

Front

Back

A person or organisation directly involved in a court case, including a person or organisation that has brought the case before a court or who is defending claims made against them.

Front

Back

prima facie

Front

Back

The doctrine that courts must follow past rulings of higher courts in very similar cases. The precedent comes from the reasons a judge has given for their decision in a case. For example, the County Court of Victoria must follow relevant rulings of the Supreme Court of Victoria. See also case law.

Front

Back

possession

Front

Back

The formal process taken to begin an application to the court to make a person a bankrupt. See also bankruptcy.

Front

Back

Evidence that the police prosecutor uses to prove that a person is guilty of a crime.

Front

Back

Written statements submitted by both parties before a civil court proceeding that outline the basic position of each party.

Front

Back

person responsible

Front

Back

police brief

Front

Back

presumption of innocence

Front

Back

Involving money. A pecuniary loss is a loss of money and a pecuniary penalty is a ne.

Front

Back

A document listing the charges against an accused. It is given to the court to begin a court case.

Front

Back

presentment

Front

Back

parole

Front

Back

(1) Having control over property. Possession is not the same as ownership. For example, a bicycle you have borrowed from a friend is in your possession but you do not own it. (2) Having illegal drugs on your person or property.

Front

Back

The fact that a company or organisation continues, even if one or more of its members dies. Legal ownership of its property is not interrupted by death because everything is owned by the company or group as a whole.

Front

Back

permanent care order

Front

Back

Section 12

(50 cards)

A type of insurance that covers a person against a claim that they did not take enough care in doing their job. Lawyers, for example, take out professional indemnity insurance.

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In accordance with.

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Q

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In bankruptcy, things the bankrupt owns that cannot be taken away and sold to pay creditors. This includes clothes and some trade tools.

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A name that cannot be registered because it is not in the public interest to allow it. For example, an obscene or offensive name, or a name that is so long that it is totally impractical, can be refused registration.

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Information that is not allowed to be revealed in court.

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privileged information

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A nuisance that interferes with the rights of members of the public. For example, a person who blocked off a public road would be committing a public nuisance.

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public nuisance

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primary victim

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Interference with the enjoyment and use of land. Examples include neighbours making noise late at night or smells from uncollected rubbish.

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Victoria Law Foundation Legal glossary 25

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probate

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protection application

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pro bono

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The title of the chief clerk of the Supreme Court of Victoria. Prothonotaries are responsible for the court's administrative functions. They can also review costs and fees charged to parties, conduct mediations and bring charges for contempt of court if someone breaks the court's rules or shows disrespect towards it. See also mediation.

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A person who has been given power to do something on behalf of another person, such as voting for them at a meeting. The document authorising the action is also called a proxy or a proxy form.

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The main things a plaintiff in a civil case is seeking to get from a defendant by taking them to court. It can include getting compensation from the defendant or having them do, or stop doing, something.

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The principle that only the parties to an agreement can be bound by it or go to court to enforce it.

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An accused person's right in criminal cases, subject to certain limits, not to do or say anything that could be used as evidence against them in a court case.

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A sentence that is served in the community and which does not involve a prison term. It requires good behaviour and supervision by a probation of cer for a speci ed period.

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pursuant to

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prothonotary

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Free or reduced-fee assistance in a legal matter.

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quali ed privilege

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quantum

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A defence that gives protection against a defamation lawsuit. It can be used if information was given not to cause harm, and to someone who had a public interest in getting it and who acted reasonably when they published it. See also absolute privilege.

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private nuisance

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An application to a court by the Department of Human Services (Victoria) for an authorisation to protect a child from harm. A successful application may authorise the removal of a child who is in danger of harm, where their family or other carers are unable or unwilling to protect them.

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prohibition notice

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prosecution

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proxy

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An order made by the Supreme Court of Victoria or the High Court of Australia prohibiting a body from acting outside its authority. See also jurisdiction, prerogative writ, ultra vires.

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procure

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protected property

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principal relief

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Someone injured or killed as a direct result of an act of violence, not a secondary victim who has only witnessed the incident.

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privilege against self-incrimination

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The party presenting evidence in court on behalf of the state or Commonwealth government against a person accused of committing a crime. The prosecution is also known as the Crown.

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An order made by a court in response to a protection application. This may involve removal of the child from the family.

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probation

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Acceptance by a court that a deceased person's will is valid and was the last will they made before they died.

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prohibition

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protection order

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A safety notice that bans some activity that could be a risk to workers.

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privity of contract

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professional indemnity insurance

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(1) Obtain. For example, police can procure evidence from a crime scene. (2) To encourage or in uence a person to commit a crime.

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Victoria Law Foundation Legal glossary 26

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prohibited name

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Section 13

(50 cards)

Able to be disproved in court.

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residence order

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An amount. For example, the quantum of damages awarded by a court is the amount of money the defendant must pay.

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restraining order

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The administrative section of a court that accepts documents that are led with the court and also handles some public enquiries. See also registrar.

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An undertaking by a person to a court that they will do something. For example, an accused person can undertake to a court that they will appear at a later date for their hearing. A recognisance often includes a payment to the court - known as a security - to back up their commitment to do something.

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The right of a repairer to hold repaired goods until payment for their repair is received.

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To cancel the whole or part of an Act of parliament or a regulation.

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An order by the court that states who a child will live with - usually one of their parents - after a separation or divorce.

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An order that a person charged but not yet convicted of an offence be detained or imprisoned until they go to court for a hearing.

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retrospective law

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remission

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A defendant in a civil case that has been appealed to a higher court. See also appellant.

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Land, and buildings on land.

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An agreement that restricts a business in its dealings. For example, a seller may promise the buyer of a business that the seller will not set up a new business close by, at least for a few years. A contract like this cannot be enforced if it goes on for too many years or covers a very wide area.

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registry

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remand in custody

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The of cer in charge of the administrative section of a court, which is known as the 'registry'. See also registry.

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A court order for the return of goods to someone when a court decides that it would be unfair if they did not get them back.

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regulation

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Victoria Law Foundation Legal glossary 28

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The number of people who have to be present in a meeting for a vote passed by the meeting to be valid. For example, one-third of all the senators have to be present in parliament for a Senate vote to be valid.

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related victim

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The government department or agency that is named in an Act of parliament as the body with power to act in a particular situation.

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A person in a close family or personal relationship with a person who was killed as a result of an act of violence.

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Victoria Law Foundation Legal glossary 27

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release (or settlement)

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Taking back goods bought on credit from someone who owes money on them. This is an action a creditor can take against a debtor who does not pay. A bank may also take possession of a house if mortgage repayments are not made.

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reversed onus of proof

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repossession

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The ending of a contract that places the parties to the contract in the position they were in before the contract existed. For example, in a rescission of a contract for the sale of a car the seller would get back the car and the buyer would get back their purchase money. See also termination.

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A reduction in the length of a prison term.

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rescission

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repairer's lien

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A law that applies to something that happened in the past. For example, a law passed in 2012 that put a tax on car sales in 2011 would be a retrospective law.

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rebuttable

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responsible authority

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repeal

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A court order that prohibits someone from doing something, such as harassing another person.

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restraint of trade

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recognisance

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registrar

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A law made by a body other than parliament but under its authority. For example, regulations made by the Governor of Victoria on the advice of the Victorian government, known as the Governor in Council, about the keeping of dogs and cats.

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real estate or real property

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respondent

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A document signed by parties ending a court action. The party who began the action agrees to drop it, often in exchange for a payment by the other party.

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restitution

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quorum

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Section 14

(50 cards)

A person who has been sent to a mental hospital or residential institution rather than to prison.

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Review of the merits of a case by a tribunal based on a full hearing of the facts. This is different from an appeal that deals only with arguments about the law.

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sheriff

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A person or company that is owed money and has the right to sell a debtor's property to cover any money that has not been paid by the due date.

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Having enough money to pay debts when they are owed.

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Cancellation of a previous law or legal document. For example, when a new will is made, the old one is usually revoked.

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Carrying out obligations that are set out in a contract. For example, a contract might require the sale of a piece of land. A court can order speci c performance.

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special damages

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Formal delivery of legal documents to a person to tell them there are court proceedings against them which they must defend, or to make sure a witness in a case knows when they have to go to court to give evidence.

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serious indictable offence

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A lawyer who usually does not appear in court. See also barrister. solvent

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security patient/resident

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review 'on the merits'

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A court order that imposes a penalty, such as imprisonment, in a criminal case.

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security

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self-incrimination

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A person who does not have a lawyer to appear for them in court and who presents their case to the court themselves.

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Extra information accompanying an Act of parliament or a contract, such as tables, lists or forms.

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service

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sine die

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revocation

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secondary victim

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A criminal conviction which is removed from a person's criminal record if they do not reoffend during a certain period.

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(1) A person who witnesses a crime or other violence and is psychologically injured by seeing it. (2) The parent or guardian of a child who has been injured. See also primary victim.

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schedule

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show cause

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Where the responsibility to prove an argument in a criminal case is changed so that the accused must show they are innocent. See also onus of proof.

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Victoria Law Foundation Legal glossary 29

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An order taking away a bankrupt's property so that it can be used to pay off their debts.

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Money or property promised to be handed over as a guarantee for repayment of a loan, or as a guarantee that a defendant will meet their bail conditions.

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solicitor

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Latin for 'another day'. Used when a court hearing is adjourned inde nitely, usually when the parties say they have reached agreement. The case can then only be brought back if one of the parties applies to the court.

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Parts of a contract that can be removed by a court without stopping the rest of the contract having legal effect.

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The requirement that a party show why some decision or court order should not be made against them. For example, to get bail, an accused person might have to show a court why they should not be held in prison.

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Injury as a result of a car accident or other transport accident that causes serious long-term damage. It includes losing an arm, a leg or bodily functions, or suffering continuing mental or behavioural disturbances.

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An of cer of the court who has power to enforce court orders.

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sentencing order

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self-represented litigant

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Part of the money a court orders to be paid as compensation by a defendant. Special damages cover speci c expenses that can be calculated exactly, such as medical expenses or the cost of buying a replacement item. See also general damages.

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spent conviction

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sequestration order

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secured creditor

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(1) Punishment or threat to make people do the right thing. For example, a court may impose a penalty on a party who fails to lodge documents on time. (2) Approval or authorisation. For example, a company director can authorise (sanction) an employee's spending on travel for work.

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severable

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Saying something that might be used against you in court.

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An offence that has a penalty of imprisonment for ve years or more. See also indictable offence.

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serious injury

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speci c performance

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sanction

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stale complaint

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Section 15

(50 cards)

In criminal law, a person who promises a court that an accused person released on bail will attend court on a hearing date. If the accused person does not attend court, the surety must pay the court the amount of money stated in the bail documents.

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A court order saying that a person must appear in court to give verbal evidence or provide particular documents. See also summons.

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strict liability

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A complaint that fails because the person making the complaint has waited too long to take action.

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summary offence

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statutory authority or body

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standing

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The formal list of things that a body set up to examine a matter of public interest, such as child abuse, can investigate and report on. The body must investigate all the matters listed, and it cannot go beyond them.

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Protection against being sued that is stated in legislation. It stops a person being found liable in court. For example, people who are giving evidence in court can say things that they could be sued for saying anywhere else.

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statutory defence

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Victoria Law Foundation Legal glossary 30

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stand down

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terms of reference

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The required level for proving a case in court. In criminal cases the prosecution must prove their case by leaving no reasonable doubt about the defendant's guilt. This is known as proof 'beyond reasonable doubt'. In civil (non-criminal) cases, the plaintiff must prove that their argument is more likely to be true than false. This is known as proof 'on the balance of probabilities'. See also balance of probabilities, beyond reasonable doubt, civil action.

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A state tax on transfers of ownership of property, such as land.

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Holding a person responsible for breaking a law that does not require proof that they intended to break it or were negligent. Proof that the person broke the law is enough. See also liability, mens rea, negligence.

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statute

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supervision order

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An order that a particular legal action stop. A stay may be for a xed period, until certain events occur, or permanent.

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Victoria Law Foundation Legal glossary 31

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statutory declaration

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A law made by parliament - also known as an Act of parliament or legislation.

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A written statement of facts that is signed and declared to be true before an of cial authorised to take declarations.

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standard of proof

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The agreement between a landlord and a tenant for the rental of a property.

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subpoena

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See adjourn.

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termination

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summons

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stay of proceedings

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tender

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Backing up a statement or claim with proof. For example, substantiating a claim for expenses with a receipt.

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A minor criminal offence, for example being drunk and disorderly, usually heard in the Magistrates' Court .

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substantiation

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See adjourn. stand over

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The way things are now.

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A formal document issued by a court which says someone must appear in court on the date stated in the document. See also service, writ.

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The right to bring proceedings before a court. To be a party in a case a person must be able to show that they have suf cient interest in the case because, for example, of possible effects on their property or commercial activities.

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An order the Children's Court may impose upon a young person found guilty of an offence. Under this order, the young person will be supervised by a probation of cer and will have to obey any other conditions the court imposes upon them.

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Evidence given in court under oath. See also af rmation, oath. tenancy

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A person or organisation that is given special powers by parliament to do work for the public bene t.

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suspended sentence

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stamp duty

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A sentence of imprisonment that is only served if the convicted person commits a further offence. If the sentence is wholly suspended, no time in prison will be served, but if it is only partly suspended the convicted person will serve some time in prison. Suspended sentences can be combined with treatment orders, such as those requiring a person to undergo treatment in the community for drug addiction.

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status quo

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The end of something. Contracts terminate when the parties have done what they agreed. They can also be terminated without being completed, for example if one party breaks the contract or when it is impossible to carry out.

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sworn evidence

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To hand over. For example, evidence is tendered in a court. Money is 'legal tender' that can be handed over in exchange for goods.

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surety

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Section 16

(50 cards)

Conduct that takes unfair advantage of a vulnerable person in a contract or other transaction. The vulnerability can be due to factors such as poor education, language dif culties or drunkenness.

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vendor

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An act of a person or body that is outside their powers under the law. For example, it would be ultra vires for the Victorian parliament to pass laws applying to the New South Wales Police Force because this is a power of the New South Wales parliament not the Victorian parliament.

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A type of property ownership where one person, the trustee, holds property for the bene t of someone else, the bene ciary. For example, a trustee may hold a child's inheritance for them until they turn 18.

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A civil wrong that causes harm, intentionally or otherwise. A person affected by a tort can take action in court to claim compensation for the wrong.

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trespass

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victim impact statement

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The mental ability, good memory and understanding needed to make a will.

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unconscionable conduct

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undue in uence

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valid

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Legally binding.

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Legal action that is taken only to annoy or embarrass the other party.

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(1) Going onto someone's land without permission. (2) Trespass to goods is wrongful interference with someone's personal property, for example doing something that harms someone's computer. (3) Trespass to the person is doing something that interferes with a person's body without their permission - for example, giving a very drunk person a tattoo.

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transfer of land

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Trading illegal products such as guns, drugs or ivory, often across borders, for commercial reward.

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trust

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A document used to change ownership of land from one person to another. The transfer must be registered with Land Victoria. See also certi cate of title.

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tort

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A doctor's right, in some cases, not to tell a patient something where the doctor believes it would harm them to know.

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A bank account in which money is held on behalf another person, not for the use of the account holder. For example, a lawyer's trust account holds clients' money. It is regulated by strict accounting rules that safeguard the clients' interests.

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A document signed by the vendor (seller) of a property. It sets out information about the property that the seller must give the buyer before a contract of sale is signed.

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Victoria Law Foundation Legal glossary 32

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Victoria Law Foundation Legal glossary 33

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vexatious litigation

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testator

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A promise to do or not do something. For example, an accused can make an undertaking to appear in court on a certain day.

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testamentary capacity

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A seller.

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ultra vires ('beyond powers')

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treatment order

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Taking unfair advantage of a person's weaknesses, or of a close relationship with them, so they agree to do something you want them to do, such as sign a contract.

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Someone who makes a will.

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A body, similar in procedures to a court, that hears and decides disputes.

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A formal legal document setting out the rights and obligations of all the parties to a trust. See also trust.

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trust deed

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trust account

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vendor's statement

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A contract of sale that allows the buyer of a property to pay the seller in instalments over a longer period than usual, for example three or ve years.

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traf cking

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therapeutic privilege

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A court order saying that a person convicted of a crime will be sent to a psychiatric hospital for treatment instead of going to prison.

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A statement made to the court by a victim of a crime. It sets out details of injury, loss or damage caused by the crime.

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Not yet set as a de nite amount. This usually refers to the part of damages for compensation that are left for a court to decide. Other damages are the actual cost, for example, of property that has been damaged. See also liquidated amount, liquidated damages.

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vendor terms

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tribunal

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unliquidated

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undertaking

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Section 17

(20 cards)

writ

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In a criminal trial, a process where the judge hears legal arguments and evidence from witnesses after the jury has been sent out of the court. For example, the judge might use a voir dire to decide whether certain evidence should be heard by the jury.

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Having no legal effect.

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write off

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voir dire

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A promise in a contract. For example, a promise by a manufacturer that goods will be repaired or replaced if they turn out to be faulty.

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A document in a civil proceeding that a plaintiff has issued to commence a court action. See also summons.

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warranty

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waive

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whistleblower

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will

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A person who appears in court to give direct information about something relevant to the case the court is hearing.

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A person within an organisation who makes a complaint or alerts authorities that the organisation is doing something illegal or inappropriate.

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witness

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To give up a legal right or claim.

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A document that sets out what a person wants to happen to their money and other property after they die.

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A document issued by a court directing an of cer to take certain action. For example, a warrant can order the police to arrest someone or seize their property.

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warrant

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void

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To cancel a debt. This means the person owing the money no longer has to pay it.

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