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14 Cards in this Set
- Front
- Back
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What is law? |
Set of rules that a state recognises as binding on its members |
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For law to exist, there must be: |
1. Lawmaker 2. Community 3. Binding rules |
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Law functions to: |
1. Create balance (hate speech/free speech) 2. Sets limits to what the Government can do 3. Provides a platform to resolve disputes |
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3 types of Law |
1. Private 2. Public 3. International |
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Examples of Private Law |
1. Tort 2. Contract 3. Property 4. Wills/Trusts 5. Companies |
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Examples of Public Law |
1. Administrative Law 2. Constitutional Law 3. Criminal Law |
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Private Law |
Rights/duties individuals have in relation to each other |
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Public Law |
Rights/duties individuals have towards community |
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International Law |
Governs the relationship between states |
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Procedural Law Examples |
Processes used when cases are taken to court 1. Rules of evidence 2. Time limits to lodging applications/orders |
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Substantive Law Examples |
Law that sets rights/duties/liabilities in any given situation 1. Formation of Contracts 2. Determines ownership of Property |
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Who are the Sovereign Body in NZ? |
Crown Queen represented by the Governor-General |
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How is law made? |
1. Parliament - Statutes 2. Courts - Case Law |
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Distinguish Law from Morality & Justice |
Law can be: - enforceable by courts - changes slowly - of universal application |
