BLAW211 - P1

• What is the definition of law?

  is the standards or norm which prescribe appropriate conduct and which have been made is a way prescribed or recognised by the state at which laws are made and are thus enforceable through processes or institutions provided by or sanctioned by the State.

  
• What is a Moral Rule?


  are what people think are right or wrong, doesn't make them legal.

  
• What is a Legal Rule?

  deal with the conduct of individuals in society and apply to all members of the community.

  
• What are the classifications of Law?

  Public laws & private laws & constitutional study all the rules.

  
• What is a Public Law

  Matters affecting the State/Community as a whole.

  
• What is a Private/Civil Law?

  Rights and Duties of Individuals

  
• List the types of Public Law

  Constitutional, Administrative, International, Criminal

  
• Define this Public Law: Constitutional Law

  How governments work and Parliament is run. They study all the rules. The entities that make up the government and their relationships with each other. I.e ministers, government, judiciary

  
• Define this Public Law: Administrative Law

  This covers governmental agencies - IRD, they are creatures of statue. There is a piece of law that creates them and gives them power.

  
• Define this Public Law: International Law

  Law between countries and international waters

  
• Define this Public Law: Criminal Law


  When people do something wrong, statues, acts.

  
• List the types of Civil Law

  Family, Equity, Contract, Tort, Property

  
• Define this Civil Law: Contract

  It is a type contract between an employer and an employee which is regulated by the Civil Code.

  
• Define this Civil Law: Tort


  Type of law talking about actions against one party to another, e.g negligence, where there have been some sort of breach

  
• Define this Civil Law: Family

  Relationships between people and property.

  
• Define this Civil Law: Property

  Covers a wide range of matters. Title and how it is obtained for land. Mortgages, selling and purchasing of land.

  
• Define this Civil Law: Equity


  Stream of law that has developed. Law developing to pick up the pieces where other law hasn't covered something. It's about fairness and equity.

  
• What is a Criminal Proceeding?


  Action by State for breach of Criminal Law. State is responsible for prosecting people. If you get into serious trouble the crown law office. The police deal with the less serious. End up in jury trial.

  
• What is the standard proof for a Criminal Proceeding?

  beyond unreasonable doubt - jury they must be satisfied.

  
• What is a Civil Proceeding?


  Action bought by one individual against another.

  
• What is the standard for Civil Proceeding?

  balance of probability

  
• What is a constitution?

  Sets out the rules and practices that determine the composition and functions of Government

  and which regulate the rights and duties between citizen and State. It describes and establishes major institutions of government, states their principal power, and regulates the exercise of those powers.

  
• What are the types of constituion?

  Constitutional monarchy, Monarchy, Dictatorship, Republic

  
• What is a Constitutional monarchy?

  We have a monarch in terms of the head of state - the King, the power of the monarch isn't absolute, it is limited by the constitution that is in place

  
• What is a monarchy?


  The king or queen has absolute power and the people have no power. It is absolute

  
• What is a Dictatorship?

  a government in which a person or small group has absolute power

  
• What is a Republic?

  Have a president or leader but power is given by the people

  
• Unwritten constitutions


  A set of laws and practices that are not formally codified in a single document. These laws and practices may be found in a variety of sources, such as statutes, common law, and conventions.

  
• Written constitutions


  A single document that contains all of the fundamental laws and principles of a government.

  
• What is NZ's constitution found in?

  it is found in a number of

  different sources including key legislation such as the Constitution Act 1986, the NZ Bill of Rights and the Electoral Act 1993, common law (courts' decisions) and established constitutional practices known as conventions.

  
• Constitution Act 1986


  Principal formal statement of NZ's constitutional agreements. Recognises the role of the Monarch as the Head of State and the Governor General as the Monarch's representative. Deals with the three separate arms of government
• Rule of Law


  All persons and authorities within the State, whether public or private, should be bound by and entitled to the benefit of laws publicly made, taking effect in the future and publicly administered in the Courts.

  
• Separation of Powers


  These 3 powers are core segments of our legal system. They are executive, legislative, judiciary (everyone loves juice).

  
• Does the separation of power hold true?

  NO because a person can be in 2 branches

  
• Give three examples of crossovers in NZ

  1. A person can be in 2 branches (e.g. Executive and legislation in terms of cabinet ministers as they also have to be MP's)

  
  

  2. The GG is part of legislation (not legaly) as she has to give royal assent to bills and is also part of the executive

  
  

  3. Judges are only part of the Judiciary but are appointed on the recommendation of the AG so there could be bias
• Executive


  Made up of the prime minister, governor general, ruling cabinet ministers

  
• What does Executive consist of?

  Head of State - King Charles represented through GG, Executive council, Attorney General, Cabinet
• What is the Legislature


  All other ministers (parliament). Is responsible for making the laws. Deciding the policy that is made in our parliamentary system

  
• What does Legislative/Parliament consist of?

  Head of State - GG, House of Representatives, Members of Parliament, Speaker of the House, Select committees.
• What is the Judiciary


  Judges, they hold power on behalf of the people. Applies the law that the legislative make, enforcing it when necessary.