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65 Cards in this Set
- Front
- Back
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Define Law: |
the body of rules that a state or community recognises as binding on its members and which regulates the behaviour of members of the community |
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What is a constitution: |
A constitution is defined as the system of body of fundamental principles and rules in accordance with which a country is governed. |
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The function of a constitution include to determine: |
- How law is made or changed
- How the executive is to be chosen or appointed - How the legislative is chosen or appointed - How disputes about the interpretation of the law are resolved - |
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Significant sources of the NZ constitution include: |
- The Constitution Act 1986 - The Electoral Act 1993 - Case law |
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What are the 3 arms of the constitution: |
Legislative Executive Judiciary |
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NZ's constitution is not contained within a single document, but is found in: |
- Orders in Council - Letters patent - Constitution Act 1986 - Case law |
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Procedural Law is concerned with: |
the rules and procedures that must be followed when a case is being taken to court. e.g evidence |
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Substantive Law is concerned with: |
the laws which set down peoples rights, duties, liabilities, immunities, and priveledges in any situation. |
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What is the legislatives function: |
to make laws by passing statutes |
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What is the executives function: |
administer the country and develops policy, some of which becomes law by through enactment in the legislature |
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What is the judiciarys function: |
Interpret law and resolve disputes about the law |
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NZBORA 1990 does: |
affirms certain rights and freedoms that are already embedded in the NZ law society |
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The rule of law consists: |
of a set of legal principles that have a strong moral force in checking the exercise of power by all 3 arms of government |
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What are the rules of law: |
- Rules that are enforceable must be accessible in advance to those subject to them - The primary institutions that change laws are the legislators - The judiciary is independent - All are subject to the law - All are equal before the law - The court process is conducted in public - Decisions are made in accordance with a pre determined procedure. |
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Main sources of law in NZ are: |
Legislation including: - statutes - delegated legislation - case law |
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What are statutes: |
Laws enacted by Parliament |
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Delegated Legislation is: |
When parliament delegates limited law making power to bodies such as the Executive Council and Governor General |
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Delegated Legislation made by the Executive Council is called: |
Orders in Council |
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Delegated Legislation made by the Local authorities is called: |
Bylaws |
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What are the 3 main kinds of statute: |
- Public - Private - Local |
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What is a public statute: |
Has been introduced as a bill by a minister and have general application to the public of NZ e.g. Crimes Act 1961 |
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What is a private statute: |
These do not have public application and are for the benefit only to the persons specified e.g. New Plymouth Boys High School Empowering Act 1986 |
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What is a local statute: |
These are public acts promoted by a local or regional authority and apply only to private individuals or private locality. e.g. Dunedin City Council Empowering Act 1988 |
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What is a consolidating statute: |
An act that repeals and re-enacrs a number of pre-existing statutes into a single consolidated statute. |
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A codifying statute: |
is intended to be a complete statement of the law on a particular subject incl common and case law |
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What is a reprinted act? |
repeats the contents of the previous statute with any amendment acts included at appropriate places |
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A validating statute is: |
legalises some nations by public bodies that is has been discovered they previously do not have the power to do |
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A repealing statute is: |
An Act containing sections that repeal all or a part of other acts |
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An enabling statute: |
contains sections that enable delegated legislation such as regulations to be made |
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A retrospective statute means: |
legislation was effective prior to the date on which is was passed |
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What is case law: |
Develops from applying and building upon the decisions made in earlier court cases
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Ratio decidendi is: |
the precedent of case which is the legal rule is establishes |
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Literal rule is: |
words that are reasonably capable of no one meaning must be given that meaning |
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Mischief rule: |
when a statute aims at curing a defect in the law, any ambiguity is to be resolved in such a way to favour that aim |
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Golden rule: |
ordinary words must be given their ordinary meaning, technical word its technical meaning |
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Purposive rule: |
Examines the purpose, object or aim of legislation. The courts consider the total context of words used |
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Describe ejusdem generis maxim: |
means that when general words follow a specific list of words, those general words mean the same. e.g. cats, dogs and other animals means other 4 legged domesticated animals |
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Describe noscitur a sociis: |
'takes colour' from words around it e.g. banks, walls, cliffs. Banks refers to a feature of landscape
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Solomon v Solomon rule established: |
the fundamental principle of company law is that a company is a separate legal entity from its shareholders
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Limited liability is: |
the condition by which shareholders are legally responsible for the debts of a company |
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Advantages of a company: |
- new, separate legal entity - limitation of liability - name is exclusive - continuity |
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Disadvantages of a company: |
- Lack of privacy - taxation - control |
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Advantages of a Limited Partnership: |
- Separate legal entity - Profits are taxes as the income of the partners |
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Real property is: |
estates in land, certain rights/interests in land and things that are permanently attached to land with the intention that they remain permanently attached |
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Personal property can be classified into: |
- chattels personal (choses in possession) - Choses in action - Chattels real |
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Chattels personal (choses in possession) is |
tangible goods or chattels that can be posses or controlled physically e.g. car, boat, tv, book |
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Choses in action is: |
intangible piece of personal property that does no have a physical presence. e.g insurance policy, copyright |
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Chattels real is: |
interests in land that are less than freehold e.g. leasehold |
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A fixture is: |
a chattel that has become permanently fixed to the land. e.g. gas connected to a gas supply |
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Chattels are: |
items or personal property that can be readily removed from a house e.g. microwave. They are not fixtures and are not sold with a house unless mentioned in the contract |
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Ownership is: |
The fullest set os rights that a person can have in respect to property |
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Possession is: |
the right to the physical custody of the property |
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The Land System is dealt with under: |
The Torrens System |
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Best way to describe indefeasibility of title: |
Good title is immediately guaranteed upon registration so that no challenge to title will be successful |
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Describe Boyd v Mayor |
illustrates the difficulty of upsetting indefeasibility of title, showing that this is possible only when circumstances fall within one of the statutory exceptions |
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What cases are exception to indefeasibility of title? |
Frazer v Walker Efstratiou Glantschnig v Petrovic Glantshnig |
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For an agreement to be legally binding there must be: |
- An intention to create legal intentions - Acceptance and offer - Consideration - Capacity to contract - Genuine consent - Legality |
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What is agency |
Agency is a relationship which arises whenever a person (the agent) acts on behalf of another person (the principle) |
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What is express agency |
is created by contract - e.g. solicitor is an agent for their client |
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What is Agent of necessity |
where there might be an emergency and which a person might need to at quickly to protect property of another |
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Different types of agency |
Agent of necessity Estoppel Agent by ratification Express |
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What is estoppel agency |
the behaviour of someone who does not in fact intend to create an agent |
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who may act as an agent |
anyone of sound mind incl a minor |
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Difference between tort and crime |
A person who commits a crime is prosecuted under the criminal law, a person who commits a tort is sued under the civil law |
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The doctrine of vicarious liability is |
determines a persons legal responsibility for another's tort |
