BLAW211 MIDTERM EXAM QUESTIONS WITH REVISED AND UPDATED ANSWERS
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BLAW211
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BLAW211
BLAW211 MIDTERM EXAM QUESTIONS WITH REVISED AND UPDATED ANSWERS
What are the court proceeding? - Answer-Pussy Tits Legs
1. Procedure and Pleading
- Setting out allegations against someone
2. Trial (hearing)
- Defendant vs prosecutor
- All facts are heard
- Judge makes decision
3. Law Re...
BLAW211 MIDTERM EXAM
QUESTIONS WITH REVISED AND
UPDATED ANSWERS 2024-2025
What are the court proceeding? - Answer-Pussy Tits Legs
1. Procedure and Pleading
- Setting out allegations against someone
2. Trial (hearing)
- Defendant vs prosecutor
- All facts are heard
- Judge makes decision
3. Law Reports
Shows how the statutes were interpreted
What are the 4 rules of interpreting legislation? - Answer-Lets Go Make Pancakes
1. Literal Rule
If it makes perfect sense then it is fine
2. Golden Rule (avoid absurdity)
If the literal rule leads to absurdity then you can apply the golden rule to get rid of that
(e.g. the marriage example)
3. Mischief Rule "(What mischief is the act trying to avoid?) Look at what it is meant to try
and do
4. Purposive Approach
The court looks at the purpose of the legislation and interprets appropriately
What is Eusdem Generis and give an example - Answer-It refers to things of the same
kind.
E.g. if something in the legislation said that an animal refers to dogs, cats, guinea pigs,
goldfish and other animals. These all have in common that they are household animals
so if someone did something to say a crocodile it would not be included as it is not a
household animal. It stops the nit-picking
What is Noscitur a Sociis and give an example - Answer-Eusdem Generis is broad
whereas Noscitur a Sociis is more specific.
Noscitur a Sociis means a word is or may be known from accompanying words
E.g. a road means any road, highway, street, lane, footway, or alley.
- Eusdem Generis would not work here as a footway and a highway are not similar.
, What are some ways acts are interpreted? - Answer-Cant Handle Taylor Dennison Look
at previous cases and see how the judge interpreted it
It is a recording of what is said in parliament during cases. Not used very often as
debates in court involve alot of MP's talking complete bullshit
1. Treaty of Waitangi
Assume that legislation is always in conjunction with the treaty of Waitangi
2. Dictionary Last port of call
What is the Doctrine of Precedent? - Answer-Determines what the common law is. e.g. if
you were dealing with motorbike crash you would go back through past cases of a similar
nature to see how they dealt with it.
What is Ratio Decidendi? - Answer-It is the law that was applied necessary to decide the
case
What is Obiter Dictum? - Answer-A statement muttered by a judge in court. They are not
legally binding but tend to demonstrate the legal reasoning to why they made their
particular decision
What is the hierachy of courts? - Answer-Higher courts decisions bind those of the lower
courts. Courts in the same level can't bind eachother though
When was the Treaty of Waitangi signed? - Answer-6th February 1840
What is a treaty? - Answer-An agreement between sovereign states. It is recognized as
binding in international law.
No legal means of enforcement but if it is broken there may be consequences (e.g. loss
of reputation, trade may stop)
What were some of the circumstances under which the treaty was signed? - Answer--
The treaty was between the crown and various Maori chiefs (each chief seen as the
head of their own state)
- Was drafted very quickly as they wanted to get the French out and then given to a
missionary who sucked at Maori
- There was ambiguity in the two
- Maori version contains words that don't have the exact meaning of the equivalent word in
English
What does Contra Proferentum mean? - Answer-The party that writes the treaty has any
ambiguity's held against them
What was Article 1 about? - Answer-All the chiefs cede sovereignty to the queen. This
meant that all the land of the chiefs who signed it now belongs to the Queen. And all the
land of the chiefs who didn't sign it was quietly incorporated.
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