Blaw211 - Study guides, Class notes & Summaries

BLAW211 Otago Flashcards BLAW211/ Flashcards with Solutions. By lw What is a moral rule vs Legal rule - CORRECT ANSWERS-Moral rule - being a dick Legal rule - Drink driving The legal rule is also a moral rule What is a constitution? - CORRECT ANSWERS-Rules and practices that determine the composition and functions of government and regulate rights and duties between citizen and state Does New Zealand have a constitution? - CORRECT ANSWERS-Yes, it is a combination of documents, so...

BLAW211 Flashcards with Complete Solutions What is a moral rule vs Legal rule - Answer-Moral rule - being a dick Legal rule - Drink driving The legal rule is also a moral rule What is a constitution? - Answer-Rules and practices that determine the composition and functions of government and regulate rights and duties between citizen and state Does New Zealand have a constitution? - Answer-Yes, it is a combination of documents, some are contained in statutes. Made up of laws and conven...

BLAW211 ACTUAL TEST BANK QUESTIONS AND ANSWERS (VERIFIED ANSWERS) ALREADY GRADED A+ special resolution - Answer-resolution on major decisions of a company (such as changing the company's articles or reducing its share capital) at a general meeting that must be passed by a certain majority, usually 75% - can be higher if company constitution says ordinary resolution - Answer-a resolution adopted by the general meeting and passed by a simple majority Derivative Action - Answer-Tools of...

BLAW211 FINAL TEST BANK QUESTIONS AND ANSWERS (VERIFIED ANSWERS) ALREADY GRADED A+ Hollys explanation - Answer-A shareholder can bring derivative action. But the costs of the proceedings and court costs are all paid by the company. So if its going to cost the company $15,000 in costs, but the benefits will only be say $5,000 to the shareholders, this is not fair. Or if it is extremely unlikely that they will win but they still pursue it as they don't have to pay any of the costs. So the cou...

BLAW211 STUDY TEST QUESTIONS WITH COMPLETE SOLUTIONS legal partnership - Answer-- existence of an agreement - existence of a business - sharing profits ETC... capacity of a company - Answer-A company has the full capacity to carry on or undertake any business or activity, do any act, or enter into any transaction and full rights, powers and privileges company power: Express powers - Answer-express powers are all powers expressly given by statue including to sue and be sued in the corpo...

BLAW211 FINAL EXAM QUESTIONS WITH COMPLETE SOLUTIONS GRADED A+ Nemo dat rule - Answer-one cannot give what one does not have (if fraud committed or wilful blindness, it is defective title/void transaction Fraud against unregistered interest - Answer-knowledge that any interests exists is not enough to constitute fraud, has to be actual fraud. As per lok yew v port Swettenham, registration of fee simple overrides unregistered interested unless seeking to cheat unregistered interests. Knowledge...

BLAW211 EXAM QUESTIONS WITH 100% CORRECT ANSWERS GRADED A+ Management of Partnership - Answer-Each partner has a direct and equal voice in management unless expressly agreed otherwise in the partnership agreement no right to renumeration admission requires consent fiduciary duties of partnership - Answer-- full disclosure -must not make a private profit -duty may continue after you leave firm Duration of Liability - Answer-new partner not liable for old debts , vice versa no effects o...

BLAW EXAM TEST BANK QUESTIONS WITH ALL CORRECT ANSWERS The Speaker of the House - Answer-Responsible for controlling the debating chamber. Arguing about policy, trying to introduce legislation. Where cabinet ministers and prime minister have a chance to debate their perspective. Select Committees - Answer-Multi party - Power to summon ministers, head of departments. Ask questions about legislation. Eye out issues from legislation parliament are trying to introduce. Judiciary (2) - Answe...

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 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. Gold...

BLAW211 EXAM QUESTIONS WITH ALL CORRECT ANSWERS Second readings - Answer-Ministers will decide whether this bill will go forward via voting Committee Stage (Bill) - Answer-Bill is thoroughly reviewed clause by clause to see if any further amendments need to be made third reading of a bill - Answer-- royal assent. GG will sign their tick of approval on the new legislation subordinate legislation - Answer-Below statutes, above common law &equity. Regulations and laws, orders and notices...