Introduction To Law And The Aotearoa Legal System Flashcards
What is jurisprudence?
The study of what law is.
What are the three main purposes of law?
- Deem certain activities anti-social and punish those who commence them.
- Regulates activities to allow us to live our lives (e.g setting the legal speed limit).
- Arranges society in a manner most advantageous to its members.
What are the 5 elements that go together to create the legal method?
- Case analysis
- Statutory interpretation
- Problem solving
- Argument
- Reasoning
What are the two main ways to classify law?
- Subject matter
- Source of law
What are the 5 elements that fall under “public law” by classification by subject manner?
Constitutional law
Administrative law
Criminal law
Industrial law
Revenue law
What eight elements fall under “private law” by classification of subject manner?
Contract law
Torts
Property law
Family law
Company law
Equity
Evidence
Procedure
What are the two main types of sources when classifying by source of law?
Municipal (domestic) law
International law
What are the two main types of “formal sources” under the “municipal law” source?
Legislation
Case law
What legislation does this statement relate to?
The laws of England as existing on 14 January 1840, so far as applicable to the circumstances of New Zealand, be deemed and taken to have been in force therein on and after that day, and shall continue to be therein applied in the administration of justice accordingly.
English Laws Act 1858
Who can pass legislation in New Zealand?
Parliament
Can parliament delegate legislative powers?
Yes, e.g delegating legislative powers to city council to pass smaller, city focused legislation.
Which has supremacy over the other? Case law or legislation (statutes)?
Legislation.
What is precedent?
Past judicial decisions of a court of justice that serves as an example or rule to be followed in subsequent cases.
What does “stare decisis” mean?
Precedent.
When is precedent binding?
Higher courts in the same hierarchical structure are binding to lower courts in the same hierarchical structure. Co-ordinate courts are not binding to one another.
