Dictionary of legal terms - H

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Search results for the term: H.

20 records found.

Habeas corpus:
A court order requiring a person who has someone in their care to bring that person to the court


Hague Convention:
An international treaty on child abduction where if a child is taken to a country which is a party to the treaty, then the child can be ordered to be returned. The Commonwealth Attorney General's Department can assist with these proceedings


Handwriting sample:
A sample of handwriting taken by police which may be analysed and used in court proceedings


Harassment:
Harassment itself is not an offence and there must be elements of threat, or defamation or be part of a domestic violence matter, before any legal action can be taken


Hardship:
To have a disqualification of licence removed, it must be shown that lack of a drivers' licence causes financial (eg: loss of employment) and personal hardship (eg: need to drive to get medical attention for family members with persistent health problem)


Harm:
Neglect or any physical, psychological, emotional or sexual abuse of a child.


Health insurance:
Insurance cover for health expenses


Hearing:
Where evidence is heard from all parties involved in the matter and a judgment is made


Hearsay evidence:
Where a person has not seen or heard the fact to be used as evidence but has been told by another who saw or heard the fact. Often hearsay is not permissible in court, but there are exceptions


Heritage:
The natural and cultural aspects of a society including buildings of historical or architectural significance and items of archeological importance like aboriginal relics


High Court:
The highest court in land which hears appeals from the lower courts


Higher court:
Either the district court or the supreme court, depending on the nature of the criminal charge


Hinder police:
Where a person prevents police from carrying out an arrest and it can be physical eg: standing in their way or non physical eg: giving false information to police


Hire purchase:
An agreement to buy goods where a person gets possession of the goods without paying for them in full, however ownership of the goods does not pass to them until after the goods have been paid for


Holiday rental:
The temporary rental of premises for holiday purposes. Where the period is for more than 6 weeks then it may be covered by the Residential Tenancy Act


Home detention:
Where low risk prisoners are allowed to serve a term of their imprisonment at a designated residence, provided they are on parole and for no more than 4 months.


Housing Commission:
The government department responsible for administering law in relation to public housing and government building. Also referred to as the Housing Commission


Housing loans:
Where finance is obtained to purchase real property eg: land, house, unit. Usually a mortgage is taken by way of security.


Human Rights and Equal Opportunities Commission:
A commission which handles all complaints regarding discrimination arising from Commonwealth legislation such as Racial Discrimination Act, Sex Discrimination Act and Disability Discrimination Act


Husband:
The male partner in a marriage. Sometimes used to refer to the male partner in a de facto relationship