Genral

Question 1

Doctrine

Answer 1

Beliefs

Question 2

Rational

Answer 2

Logic

Question 3

Binding

Answer 3

Obliged to follow

Question 4

Persuasive

Answer 4

Not authoritative, usually accorded respect

Question 5

State decisis

Answer 5

To stand by decisions and not to disturb settled matters

Question 6

What is precedent

Answer 6

A rule or principle established in a previous legal case which can be either binging on or persuasive and serves as an example to be followed in a subsequent case

Question 7

When can a court be persuasive

Answer 7

Inferior court, coordinate, different hierarchy

Question 8

Public law consists of

Answer 8

Constitutional law, criminal law, revenue law, industrial law, administrative law

Question 9

Private law consists of

Answer 9

Contract law, torts, family law, company law, equity, evidence, procedures

Question 10

Source of law=

Answer 10

Case law

Question 11

Features of a common law system

Answer 11

British origins 
Unwritten constitution 
Case base system
Emphasis of adjudication
Doctrine of binding precedent 
Certainly 
Law reporting
Judge to declare and interpret law

Question 12

Case law

Answer 12

The body of law derived from judicial decisions rather than statutes of constitutions

Question 13

Legislation

Answer 13

Only parliament can pass laws in nz

Trumps case law

Question 14

What is parliament made up of

Answer 14

House of reps, the sovereign which is government general

Question 15

Definition of UNIDRIP

Answer 15

United Nations declaration of the rights of indigenous people

Question 16

features of UNDRIP

Answer 16

Self determination 
Free prior and informed consent 
Land
Intellectual and cultural property 
Redress including rest up and compensation

Question 17

What happened in the English laws act 1858

Answer 17

• the laws of England became the laws of no
• at this time there were three broad sources of law in NZ including
• Custom, case law and legislation

Question 18

Te ao maori

Answer 18

Philosophy of tikangi maori

Question 19

Tikangi Maori

Answer 19

The right Maori way of doing things, oral traditions, generations of knowledge which set the standards

Question 20

How is Te Ao Maori expressed

Answer 20

Through actions, it is in the actions the exercise of tikangi Maori exist

Question 21

Tapu

Answer 21

Spiritually restricted

Question 22

Whakawhanaungatanga

Answer 22

Relating to others

Question 23

Mana

Answer 23

Authority, presence, prestige

Question 24

Kaitiakitanga

Answer 24

Guardianship, caregiving

Question 25

Utu

Answer 25

Reciprocity, balance, revenge

Question 26

What 2 avenues can tikangi Maori be seen through

Answer 26

1) common law- derived from judicial precedent on aboriginal and native title 2) statutes- written law passed by legislative branch of government

Question 27

Statues relating to tikangi maori

Answer 27

1) treaty of waitangi act 1975 2) mental health act 1992 S5 3) sentencing act 2002 4) patents act 2013 s3 5) family violence act 2018

Question 28

What happened in the takamore v Clarke case

Answer 28

- he passed away in 2007 - grew up in the bay of plenty - moved to chch and lived there for 20 years with just wide mrs Clarke and kids - told mrs Clarke he wished to be buried in CHCH - Will was appointed to mrs Clarke as his sole trustee-did not specify location to be be hurried at

Question 29

What was the result of the Takamore v Clarke case

Answer 29

HC -held me takamore family has unlawful taken the body under common law and need Clarke was entitled to the final decision COA-?mrs takamore appealed the case and it was dismissed as it failed the legal recognition test, it was unreasonable SC -Unanimously dismissed the appeal and found mrs Clarke was entitled to proceed under a exhumination licence and have mr T burried in her choosing

Question 30

Te Awa Tupua (Waitangi river claims settlement act

Answer 30

Legislation passed in March 2017 | Significant development in indigenous rights internationally

Question 31

What does the Te Awa Tupua (Waitangi river claims settlement act do and why

Answer 31

Recognothe river as a legal person in S12 Indicated cultural redress Incorporates tikangi Maori into the settlement and legislation process ``` Isi maintained their right to the river Court cases from 1938-1962 longest in no history Due to gravel mining Hydroelectric development Poor environment management ```

Question 32

Jurisprudence

Answer 32

The theory or philosophy of law

Question 33

Basic of the nha Tahiti settlements claim act 1998

Answer 33

1998 -related to the reserves that we not swap and the promises by the crown that were not met Waitangi tribunal process produced a new relationship between Ngai tahu and the crown

Question 34

What did ngai tahu receive for settlements act 1998

Answer 34

``` Formal apology from the crown Return of ancestral my aoraki Cultural redress package Economic redress package of the Nagi tahu Settlement consisted $170 mil cash The right to reestablish its trail base ```

Question 35

What does the ngai tahu settlement act show

Answer 35

Illustrates that parliament has included words taken from tikangi Maori statutory law the courts must address the concepts in the way parliament requires Not the only act

Question 36

What was the MV oil spill disaster

Answer 36

Motiti oral tradition, Fishing area with otaiti steeping stones to hawakaiki/heaven MV Rena blocked the way home, holding 1733 tones of oil 2 notices were issued saying to move the boat The crown made a deal with the MV Rena owner for 10mil Crown did not incur obligations to Maori Effected Maori as the ship blocked them spiritually Triggered legal process of resource management act 1991

Question 37

What is the difference between barrister and solicitors

Answer 37

Barristers-works mainly in the courts and tribunals ``` Solicitors- general advisory work Drafting legal documents Wills Property and land Forming companies Prep work for barristers ```

Question 38

What is a barrister sole

Answer 38

Specialist in the court and tribunal work only Has to set an independent bar as they are a separate group within the legal profession Cannot take direction directly from the public Free is payed by solicitor

Question 39

Criteria for a judge

Answer 39

Practicing certificate for at-least 7 years Appointed by the Governor General on the recommendation of the attorney general Exception coroners court, 5years