Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Laws > MIDTERM - general > Flashcards

MIDTERM - general Flashcards

1
Q
A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the law?

A

The standard or norm that prescribes appropriate conduct and is enforceable through state processes or institutions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are legal rules?

A

Rules prescribed by the state that are enforceable, with punishments for breaches.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are moral rules?

A

Guidelines that govern personal behavior based on societal standards of right and wrong.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is public law?

A

Law that governs the relationship between individuals and the government.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is private/civil law?

A

Law that deals with disputes between private individuals or organizations.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is constitutional law?

A

Law that outlines the powers and structure of government.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is contract law?

A

Law governing agreements that are legally binding between parties.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is administrative law?

A

Law that regulates the rights and responsibilities of government agencies.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What does international law govern?

A

Trade, war, and maritime law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is tort law?

A

Law involving rights against individuals causing harm or loss.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is negligence in tort law?

A

A failure to act under a duty of care.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is property law?

A

Law relating to ownership and transactions involving property.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is criminal law?

A

Law dealing with crimes and offenses.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is family law?

A

Law relating to personal relationships, including matters of property, children, and estates.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is the burden of proof in criminal proceedings?

A

Beyond a reasonable doubt, with the burden on the crown.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is the burden of proof in civil proceedings?

A

On the balance of probabilities, with the burden on the plaintiff.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is the Constitution?

A

A set of rules determining how government power is used.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What defines a constitutional monarchy?

A

A monarchy with limited powers defined by a constitution.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is a dictatorship?

A

A government where one person rules without public choice.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is a republic?

A

A government where leaders are elected and there is no hereditary head of state.

22
Q

What are the three separate arms of government?

A
  • The Executive
  • The Legislature
  • The Judiciary
23
Q

What does the Executive do?

A

Administers law and makes policy.

24
Q

What does the Legislature do?

A

Makes laws and approves executive suggestions.

25
What does the Judiciary do?
Applies the law to individual cases.
26
What is the rule of law?
Everyone is subject to the same law, which must be publicly available.
27
What is the separation of powers?
Dividing government power among the Executive, Legislature, and Judiciary.
28
What is the role of the Governor General?
Acts as the head of state and performs ceremonial duties.
29
What is parliamentary supremacy?
Parliament can make any law and cannot bind future parliaments.
30
What are the steps in how statutes are made?
* Bill proposed * First reading * Select committee stage * Second reading * Committee stage * Third reading * Royal Assent
31
What is the literal rule of statutory interpretation?
Judges interpret words in their plain, literal meaning.
32
What is the golden rule of statutory interpretation?
A modification of the literal rule to avoid absurd outcomes.
33
What is the mischief rule?
Allows judges to consider the problem the law was intended to fix.
34
What is the purposive approach?
Judges interpret statutes in line with the broader purpose of the law.
35
What does 'Eusdem Generis' mean?
General terms following a list of specific items are limited to the same kind.
36
What does 'Noscitur a Sociis' mean?
A term is interpreted by the context or surrounding words.
37
What is case law?
Decisions from past court cases that guide future cases.
38
What is the Treaty of Waitangi?
An agreement between Māori chiefs and the British crown to protect Māori rights.
39
What is Hansard?
The official record of what politicians say in parliament.
40
What is the distinction between common law and equity?
Common law follows strict rules; equity focuses on fairness.
41
What are the key components of a court proceeding?
* Procedure and pleadings * Trials (hearings) * Law reports
42
What is the doctrine of precedent?
Courts must follow decisions made in earlier cases with similar facts.
43
What is the hierarchy of the courts?
Structure where higher courts have more authority over lower courts.
44
Statues
Formal written laws enacted by a legislative body (parliament) establishing rules and guidelines that courts and individuals must follow.
45
46
Key points in the procedure for selection of high court judges in NZ
7 years experience in legal practice Attorney general consults chief justice and presedent of NZ law society Attorney general advises the governor general to appoint the chose candidate Governor general by convention (not law) accepts advice and appoints chosen candidate Selection process is governed substantially by convention rather than by law
47
Power of the party/coalition that has majority in the House of Representatives
Controls executive and legislative branches, its leader typically appointed to form the govt. through party whips, the majority party ensures discipline among its members, maintaining stability and influcence over the legislative agenda and bill proposals
48
Role of conventions in the constitution of NZ
Politically binding rules that cannot be enforces court but help ensure accountability and the democratic function of the government. Provide checks on government and prevent concentration of power by promoting separation of powers.
49
Role of the executive arm of government
Makes policy Administers state functions (enforces law) Plans the legislative programme in the House of Representatives. Makes regulations under delegated powers from parliament (speeds up process of making laws.
50
Role of select committee in the legislative process
Consider in detail proposed legislation Hear public submissions in relations to proposed legislation Hear petitions from members of public Make recommendations to the House of Representatives about bills Provides a limitation on fast tracking legislation but govt can by pass the process, but not so giving opposition to criticise the govt for doing so
51
Theory of separation of powers: factors enhancing separation of powers
Divides authority into 3 branches to prevent concentration of power in one person or group. Ministers awnser to House of Representatives for their actions. Combo of laws and conventions of the constitution prevents power all being in one person/place.
52
Factors inconsistent with the separation of powers.
Governor generals dual role in executive and parliament. Ability of priminister and minister to by chose but he majority part wo a general election. Party discipline ensures the majority party controls votes in the house, executive has influence over judicial appointments and removals w conventions remaining unenforceable by law

Laws (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions