Law & Society (Glossary)

Anarchy: When there is no law or government, people are free to do as they please and society is
unable to function.

Burden of proof: The legal principle that the prosecution must prove that the accused is the guilty of
the crime.

Case: A proceeding in a court of law.

Civil law: Laws that govern the legal relationship between individuals and organisations.

Codification: Making common law into statute law.

Common law: Also known as judge-made law. These are laws that are established by the decisions of
judges.

Concurrent powers: Those constitutional powers that are held by both the state and Commonwealth
governments.

Criminal law: Laws to protect the general public from harm.

Duty of care: Responsibility to ensure your actions does not harm other people or their property.

Ethics: Values that relate to doing what is believed to be right.

Exclusive powers: Those constitutional powers that are held by the Commonwealth Government.

Family law: The body of law that deals with family issues, such as marriage, de facto relationships,
same-sex relationships and the relationship between parents and their children.

Fundamental rights: Those rights to which every human is entitled.

Indictable offences: Serious offences that require a full trial with a jury. Examples are armed robbery,
murder and serious drug offences.

Judge: A highly trained legal professional who presides over District, Supreme and High Courts. The
judge’s role is to advise the jury and pass the sentence.

Jury: A group of people chosen randomly from the community to determine the guilt or non-guilt of
the accused in serious criminal law matters.

Legally binding decision: An order that is given by a court an must be followed.

Morality: Values that relate to doing what is believed to be good.

Natural justice: The right to be treated fairly in legal matters.

Presumption of innocence: The belief that a party accused of a crime is innocent unless it is proven
that the