BLAW211 FLASHCARDS TEST QUESTIONS WITH COMPLETE SOLUTIONS
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Course
BLAW211
Institution
BLAW211
BLAW211 FLASHCARDS TEST QUESTIONS WITH COMPLETE SOLUTIONS
What tools are used in the interpretation of legislation? (5) - Answer-1) Interpretation act 1999
2) Case law
3) Hansard
4) Treaty of Waitangi
5) Dictionary (oxford -english)
What is common law and equity? - Answer-Common law - last...
BLAW211 FLASHCARDS TEST
QUESTIONS WITH COMPLETE
SOLUTIONS
What tools are used in the interpretation of legislation? (5) - Answer-1) Interpretation act
1999
2) Case law
3) Hansard
4) Treaty of Waitangi
5) Dictionary (oxford -english)
What is common law and equity? - Answer-Common law - last couple hundred years of
decisions by judges.
Equity - used to fix unequitable decisions made where overriding the law would be
difficult.
What is the hierarchy of courts? Lowest -> Highest - Answer-Tribunals <
Environment/district/Maori Land Courts < High Court < Court of appeal < Supreme court
What is the doctrine of precedent? - Answer-A decision from a higher court binds and
overrides the decisions of lower courts. The supreme court can make small legal
revisions. The court of appeal resolves disputes between supreme court ruling.
How do you read a case? - Answer-1) understand facts
2) Understand applicable law
3) Distinguishing cases
4) Ratio decidendi - what judge thinks the law is
5) Obiter Dictum - statement from court if had been slightly different
6) Finding of fact - what they believe and deny.
What is the nature of a treaty? - Answer-1) Agreement between sovereign states
2) Binding in international law
3) No enforcement (but lose trust needed for trade)
4) Not statute unless made into law.
Who is responsible for translation errors? - Answer-Contra preferentum - the side
translating has responsibility for errors
What is the problem with the translation of Kawanatanga? - Answer-Maori saw it as a
means of complete governance and sovereignty, British saw it as giving up sovereignty
to the crown
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