LAW Mod 1-4

1. 1Characteristics of Civil Law?

   1. ADeals w disputes between the relationships of individuals/organizations. Plaintiff brings the case to court. Defendant, defends the case & can be found liable or not liable by decision of the judge. Onus of proof lies on Plaintiff to prove the defendant breached the civil law "balance of probabilities." Focus is on compensation NOT punishment e.g. Anything NOT criminal.
   2. BDeals w crime & legal punishment of criminal offences. The State brings the case. Onus of proof lies on the State to prove offences "beyond reasonable doubt." Every element of the offence must be proved. Acts Reus- Physical element e.g. murder. Mens Rea-Mental element e.g. intent.
   3. CDeals w disputes between the relationships of individuals/organizations. Plaintiff brings the case to court. Defendant, defends the case & can be found guilty or not guilty by decision of the judge. Onus of proof lies on Plaintiff to prove the defendant breached the civil law "balance of probabilities." Focus is on punishment e.g. Anything criminal.
   4. DDeals w crime & legal punishment of criminal offences. The State brings the case. Onus of proof lies on the State to prove offences "beyond reasonable doubt." Every element of the offence must be proved.
2. 2NZ's constitution consists of rules and practises that determine the functions of government. These are...

   1. ANZ has a written constitution, this means that the constitution of NZ is not expressed in a single or any number of formalised documents. The NZ constitution is drawn from a variety of sources, which have developed in different ways and at different times in NZ history. 1. Rule of Law 2. NZ Statutes 3. UK Statutes 4. Conventions 5. Decisions of the Court 6. The Treaty of Waitangi
   2. BNZ has an unwritten constitution, this means that the constitution of NZ is not expressed in a single or any number of formalised documents. The NZ constitution is drawn from a variety of sources, which have developed in different ways and at different times in NZ history. 1. Rule of Law 2. NZ Statutes 3. UK Statutes 4. Conventions 5. Decisions of the Court 6. The Treaty of Waitangi
   3. CThe laws of NZ apply to all citizens regardless of wealth, status or position. The public & press have the right to be present at most court hearings. The courts are presided by independent and unbiased judges.
3. 3Characteristics of Criminal Law are?

   1. ADeals w crime & legal punishment of criminal offences. The State brings the case. Onus of proof lies on the State to prove offences "beyond reasonable doubt." Every element of the offence must be proved. Acts Reus- Physical element e.g. murder. Mens Rea-Mental element e.g. intent.
   2. BDeals w crime & legal punishment of criminal offences. The State brings the case. Onus of proof lies on the Plaintiff to prove offences "beyond reasonable doubt." Every element of the offence must be proved. Acts Reus- Mental element e.g. Intent. Mens Rea-Physical element e.g. Murder.
   3. CDeals w crime & legal punishment of criminal offences. The State brings the case. Onus of proof lies on the State to prove "balance of probabilities." Every element of the offence must be proved. Acts Reus- Physical element e.g. murder. Mens Rea-Mental element e.g. intent.
   4. DDeals w disputes between the relationships of individuals/organizations. Plaintiff brings the case to court. Defendant, defends the case & can be found liable or not liable by decision of the judge. Onus of proof lies on Plaintiff to prove the defendant breached the civil law "balance of probabilities." Focus is on compensation NOT punishment e.g. Anything NOT criminal.
4. 4The concept of 'The Rule of Law" consists of?

   1. AThe laws of NZ apply to all citizens that are permanent residents. Residents and tourists have the right to be present at all court hearings. The courts are presided by independent and unbiased judges.
   2. BThe Rule that justifies decisions held in court such as the Binding Precedent and Ratio Decidendi.
   3. CThe laws of NZ apply to all citizens regardless of wealth, status or position. The public & press have the right to be present at most court hearings. The courts are presided by independent and unbiased judges.
   4. DThe laws of NZ apply to all citizens and government, instructed by Parliament. The public & press have the right to be present at most court hearings. The courts are justified by independent and unbiased judges.
5. 5NZ Statutes includes...

   1. AConstitution Act 1986 - (most important act) The power of the Sovereign (Queen/Crown) is called the constitution. An act to reform/govern the constitutional laws of NZ. The Act gives legal recognition to parts of the law. The Treaty of Waitingi - The agreement between British Gov. & the maoris. An Act to provide for the observance & conformation of the principle of the Treaty of Waiting by establishing a tribunal. Bill of Rights Act 1990 - A Statute of the Parliament of NZ setting out the rights & fundamental freedoms of anyone subject to NZ law. eg. Electoral rights, the right to vote in elections of members of parliament if 18+yrs & a NZ citizen.
   2. BCompanies Act 1986 - (most important act) An act to advise the business laws of NZ. The Act gives legal authority to parts of the law. The Treaty of Waitingi - The agreement between British Gov. & the maoris. An Act to provide for the observance & conformation of the principle of the Treaty of Waiting by establishing a tribunal. Bill of Rights Act 1990 - A Statute of the Parliament of NZ setting out the rights & fundamental freedoms of anyone subject to NZ law. eg. Electoral rights, the right to vote in elections of members of parliament if 18+yrs & a NZ citizen.
   3. CConstitution Act 1986 - (most important act) The power of the Sovereign (Queen/Crown) is called the constitution. An act to reform/govern the constitutional laws of NZ. The Act gives legal recognition to parts of the law. The Treaty of Waitingi - The agreement between British Gov. & the maoris. An Act to provide for the authority of the principle of the Treaty of Waiting by establishing a tribunal. Companies Act 1993 - A Statute of the Parliament of NZ setting out the rights & fundamental laws of anyone subject to a business.
   4. DCompensation Act 1986. The power of the Sovereign (Queen/Crown) is called the constitution. An act to reform/govern the constitutional laws of NZ. The Act gives legal recognition to parts of the law. The Treaty of Waitingi - The agreement between British Gov. & the maoris. An Act to provide for the observance & conformation of the principle of the Treaty of Waiting by establishing a tribunal. Bill of Rights Act 1990 - A Statute of the Parliament of NZ setting out the rights & fundamental freedoms of anyone subject to NZ law. eg. Electoral rights, the right to vote in elections of members of parliament if 18+yrs & a NZ citizen.
6. 6UK Statutes include...

   1. AMany of these statutes of the UK were already part of the Constitutional Law of NZ. The imperial laws Application Act 1998. The Act applies certain enactments of the Parliament of the UK & rulings of the Privy Council. This also includes Magna Carta: NZ has adopted its ideals of liberty & freedom. e.g. Westminster's Parliamentary System to NZ Constitution Act, the right to vote (Bill of Rights) and MP's paid so every level of society can stand for Parliament.
   2. BStatutes of the UK were formally part of the Constitutional Law of NZ. The Constitutional Laws Application Act 1998. The Act applies certain parts of the Parliament of the UK & rulings of the District Council. This also includes Magna Carta: NZ has adopted its ideals of liberty & freedom. e.g. Westminster's Parliamentary System to NZ Constitution Act, the right to vote (Bill of Rights) and MP's paid so every level of society can stand for Parliament.
   3. CMany of these statutes of the UK were formally part of the Constitutional Law of NZ. The imperial laws Application Act 1998. The Act applies certain enactments of the Parliament of the UK & rulings of the Privy Council. This also includes Magna Carta: NZ has adopted its ideals of liberty & freedom. e.g. Westminster's Parliamentary System to NZ Constitution Act, the right to vote (Bill of Rights) and MP's paid so every level of society can stand for Parliament.
   4. DMany of these statutes of the UK were formally part of the Compensation Act of NZ. The imperial laws Application Act 1998. The Act applies certain enactments of the Parliament of the UK & rulings of the DistrictCouncil. This also includes Magna Carta: NZ has adopted its ideals of liberty & freedom. e.g. Westminster's Parliamentary System to NZ Constitution Act, the right to vote (Bill of Rights) and MP's paid so every level of society can stand for Parliament.
   5. EMany of these statutes of the UK were formally part of the Constitutional Law of NZ. The Criminal Application Act 1998. The Act applies certain enactments of the Parliament of the UK & rulings of the Privy Council. This also includes Magna Carta: NZ has adopted its ideals of justice & equity. e.g. Westminster's Parliamentary System to NZ Constitution Act, the right to vote (Bill of Rights) and MP's paid so every level of society can stand for Parliament.
7. 7Coventions in the NZ Constitution are...

   1. ARules that originated from the UK. Tells the functioning of the Gov. Orginated through careful thought, argument & practice. Followed by today's gov. & therefore has a historical usage. e.g. a defeated party from Gov. should resign but this is not written, only a convention.
   2. BA way the NZ treaty came about which incorporated into The Treaty of Waiting Act 1809 so it could act as tribunal legally and intermittently with Privy Council london.
   3. CRules that originated from the UK. Orginated through careful thought, argument & debates. Followed by today's gov. & therefore has a historical usage. e.g. a defeated party from Gov. should resign but this is not written, only a convention.
8. 8Decisions of the Courts consist of...

   1. AThe courts contribute to our constitution by their traditional independence from parliament & by interpreting & upholding existing constitutional laws. e.g. courts are constantly developing common law & interpreting legislature.
   2. BDecision in the court that show our state stateforce by their traditional independence from parliament & by interpreting & relying on existing constitutional laws. e.g. courts are constantly developing common law & interpreting legislature.
   3. CDecision for the courts to contribute to our constitution by their Judiciary system. By reference to the parliament & by interpreting & upholding existing constitutional laws, the courts remain in authority of ratio decidendi. e.g. courts are constantly developing common law & interpreting legislature.
   4. DThe courts show to our constitution by their traditional independence from parliament & by interpreting & judging existing constitutional laws. e.g. courts are constantly developing common law & interpreting legislature.
   5. EThe courts contribute to our constitution by their traditional independence from parliament & by interpreting & upholding existing constitutional laws. e.g. courts are constantly developing common law & identifying legislature.
9. 9Define Public Law?

   1. AIs where the State isn't involved. It regulates rights & duties between the plaintiff & individuals. It characterised in terms of a duty to obey. e.g International Law e.g websites w dispute of country of origin. e.g. Constitutional & Administrative law e.g. Ministry of Ed., closing earthquake affected schools in Chch (Woolston Article). Also includes Criminal Law.
   2. BIs where the State is involved. It regulates rights & duties between the state & individuals. It characterised in terms of a duty to obey. e.g International Law e.g websites w dispute of country of origin. e.g. Constitutional & Administrative law e.g. Ministry of Ed., closing earthquake affected schools in Chch (Woolston Article). Also includes Criminal Law.
   3. CState NOT involved & exists between individuals. Individuals make decisions to enter trial. Regulates rights & needs of individuals towards each other characterized in terms of choice. Includes Contract Law - Buying a house, terms + conditions. Employment Law e.g. entering into an employment contract. Tort Law - Crimes & harm done to another person e.g. neglecting. Trust Law - Setting up trust. Property Law - e.g houses, company shares. Family Law. e.g.. divorce.
   4. DState is involved. It regulates rights & duties between the state & individuals. It characterised in terms of choice. e.g International Law e.g websites w dispute of country of origin. e.g. Constitutional & Administrative law e.g. Ministry of Ed., closing earthquake affected schools in Chch (Woolston Article). Also includes Criminal Law.
10. 10Define Private Law?

    1. AState NOT involved & exists between individuals. Individuals make decisions to enter dispute. Regulates rights & duties of individuals towards each other characterized in terms of choice. Includes Contract Law - Buying a house, terms + conditions. Employment Law e.g. entering into an employment contract. Tort Law - Crimes & harm done to another person e.g. neglecting. Trust Law - Setting up trust. Property Law - e.g houses, company shares. Family Law. e.g.. divorce.
    2. BIs where the State isn't involved. It regulates rights & duties between the plaintiff & individuals. It characterised in terms of a duty to obey. e.g International Law e.g websites w dispute of country of origin. e.g. Constitutional & Administrative law e.g. Ministry of Ed., closing earthquake affected schools in Chch (Woolston Article). Also includes Criminal Law.
    3. CState NOT involved & exists between individuals. Individuals make decisions to enter trial. Regulates rights & needs of individuals towards each other characterized in terms of choice. Includes Contract Law - Buying a house, terms + conditions. Employment Law e.g. entering into an employment contract. Tort Law - Crimes & harm done to another person e.g. neglecting. Trust Law - Setting up trust. Property Law - e.g houses, company shares. Family Law. e.g.. divorce.
    4. DState involved & exists between individuals. Individuals make decisions to enter dispute. Adheres to rights & duties of individuals towards each other shown in terms of obeying. Includes Contract Law - Buying a house, terms + conditions. Employment Law e.g. entering into an employment contract. Tort Law - Crimes & harm done to another person e.g. neglecting. Trust Law - Setting up trust. Property Law - e.g houses, company shares. Family Law. e.g.. divorce.

11. 11TWO main sources of Law in NZ?

    1. AParliament & Legislation - Acts + Statutes. Court Decisions - Precedents/Case Law. Legislation: Is Law enacted by Parliament. Consists of Acts (also called Statues) passed by Parliament & given Royal Assent. Types of Acts: Public - Applicable to persons generally of public importance e.g Crimes Act. Private: Limited to private individuals or organisations. Local: Limited application on local authorities e.g. Delegated legislation.
    2. BParliament & Legislation - Acts + Statutes. Court Decisions - Precedents/Case Law. Legislation + Delegated Legislation + Court Decisions. Legislation: Is Law enacted by Parliament. Consists of Acts (also called Statues) passed by Parliament & given Royal Assent. Types of Acts: Public - Applicable to persons generally of public importance e.g Crimes Act. Private: Limited to private individuals or organisations. Local: Limited application on local authorities e.g. Delegated legislation.
    3. CParliament & Legislation - Acts + Statutes. Court Decisions - Precedents/Case Law. Legislation + Delegated Legislation + Court Decisions. Legislation: Is Law enacted by the State. Consists of Acts (also called Statues) passed by Parliament & given Royal Assent. Types of Acts: Public - Applicable to persons generally of public importance e.g Crimes Act. Private: Limited to private individuals or organisations. Local: Limited application on local authorities e.g. Delegated legislation.
    4. DParliament & Legislation - Acts + Statutes. Court Decisions - Precedents/Case Law. Legislation + Delegated Legislation + Court Decisions. Legislation: Is Law enacted by Parliament. Consists of Acts (also called Statues) passed by Parliament & given legislation. Types of Acts: Public - Applicable to persons generally of public importance e.g Crimes Act. Private: Limited to private individuals or organisations. Local: Limited application on local authorities e.g. Delegated legislation.
12. 12Court Decisions are?

    1. AOften referred to as 'Decision of authority'. Develops gradually through the decisions of the courts sitting in judgement in individual cases. Judgements are recorded & important cases are reported in Law Reports. e.g. Acts dont cover every situation, therefore they can be developed in society by judges on an individual basis. So although Parliament makes Law - Judges develop law & court fill the gaps in the act. Basis of Civil Law e.g. Contract Law/Tort Law.
    2. BOften used to as 'Judge made law'. Develops gradually through the decisions of the courts sitting in judgement in all cases. Judgements can be recorded & important cases are reported in the Judiciary. e.g. Acts cover every situation, therefore they can be developed in society by judges on a common basis. So although Parliament makes Law - Judges develop law & court fill the gaps in the act. Basis of Civil Law e.g. Contract Law/Tort Law.
    3. COften referred to as 'Judge made law'. Develops gradually through the decisions of the courts sitting in judgement in individual cases. Judgements are recorded & important cases are reported in Law Reports. e.g. Acts dont cover every situation, therefore they can be developed in society by judges on an individual basis. So although Parliament makes Law - Judges develop law & court fill the gaps in the act. Basis of Civil Law e.g. Contract Law/Tort Law.
    4. DOften used as 'Judge made law'. Develops gradually through the decisions of the courts sitting in judgement in all cases. Judgements can be recorded & important cases are reported in the Judiciary. e.g. Acts cover every situation, therefore they can be developed in society by judges on a common basis. So although Parliament makes Law - Judges develop law & court fill the gaps in the act. Basis of Civil Law e.g. Contract Law/Tort Law.
13. 13What is Delegated Legislation?

    1. AActs of Parliament give the power for delegated legislation to be made e.g Parliament delegate council to make policies on alcohol ban in community. Two main types of legislation by local authorities. (i) Regulations made by Executive Council (Gov General & Cabinet), Administrative tribunals, Gov reps and authorities. (ii) By-Laws made by local & special purpose authorities. These can be made quickly but are less scrutinised.
    2. BMembers of Parliament give the power for delegated legislation to be made e.g Parliament delegate council to make policies on alcohol ban in community. Two main types of legislation by local authorities. (i) Regulations made by Executive Council (Gov General & Cabinet), Administrative tribunals, Gov reps and authorities. (ii) By-Laws made by local & special purpose authorities. These can be made quickly but are less scrutinised.
    3. CDuties of Parliament give the power for common legislation to be made e.g Parliament delegate council to make policies on alcohol ban in community. Two main types of legislation by local authorities. (i) Regulations made by Executive Council (Gov General & Cabinet), Administrative tribunals, Gov reps and authorities. (ii) By-Laws made by local & special purpose authorities. These can be made quickly but are less scrutinised.
    4. DMethods of the state give the power for delegated legislation to be made e.g Parliament delegate council to make policies on alcohol ban in community. Two main types of legislation by local authorities. (i) Regulations made by Executive Judgesl (Gov General & Cabinet), Administrative tribunals, Gov reps and authorities. (ii) Equity-Laws made by local & special purpose authorities. These can be made quickly but are less scrutinised.
    5. EThe government forces give the power for delegated legislation to be made e.g Parliament delegate council to make policies on alcohol ban in community. Two main types of legislation by local authorities. (i) Regulations made by Executive Council (Gov General & Cabinet), Administrative tribunals, Gov reps and authorities. (ii) By-Laws made by local & special purpose authorities.
14. 14Discuss the Jurisdiction of the Supreme Court...

    1. ASupreme Court Act 2003. It is not bound by any other court. It is not binding on itself. Binds all courts below. Presided by Chief Justice & 4 High court judges. Supreme Court Act abolished right of final appeal to the Privy Council in London as they did not understand Treaty & NZ Laws always changing. Generally only Appellate Jurisdiction. Requires leave from Supreme Court to hear appeals. The court will grant leave if the case is in the interests of justice. Once Supreme Court grants permission the case can be heard by the Supreme Court.
    2. BSupreme Court derives from Supreme Court Act 2003. It is not bound by any other court. It is not binding on itself. Binds all courts below. Presided by Chief Justice & 4 High court judges. Supreme Court Act abolished right of final appeal to the Privy Council in London as they did not understand Treaty & NZ Laws always changing. Generally only Appellate Jurisdiction. Requires leave from Supreme Court to hear appeals. The court will grant leave if the case is in the interests of justice. Once Supreme Court grants permission the case can be heard by the Supreme Court.
    3. CJudiciary Court derives from Supreme Court Act 2003. It is not bound by any other court. It is not binding on itself. Binds all courts below. Presided by Chief Justice & 4 High court judges. Supreme Court Act abolished right of final appeal to the Privy Council in London as they did not understand Treaty & NZ Laws always changing. Generally only Ratio Decidendi. Requires review from Supreme Court to hear appeals. The court will grant leave if the case is in the interests of justice. Once Supreme Court grants permission the case can be heard by the Supreme Court.
    4. DHigh Court derives from Supreme Court Act 2003. It is not bound by any other court. It is binding on itself. Binds all courts below. Presided by Crown & 4 High court judges. Supreme Court Act abolished right of final appeal to the Privy Council in London as they did not understand Treaty & NZ Laws always changing. Generally only Appellate Jurisdiction. Requires leave from Supreme Court to hear appeals. The court will grant leave if the case is in the interests of justice. Once Supreme Court grants permission the case can be heard by the Supreme Court.
    5. ESupreme Court derives from Supreme Court Act 2003. It is not bound by any other court. It is not binding on itself. Binds all courts below. Presided by Crown & 4 High court judges. Supreme Court Act abolished right of final appeal to the Privy Council in London as they did not understand Treaty & NZ Laws always changing. Generally only Appellate Jurisdiction. Requires leave from Supreme Court to hear appeals. The court will grant leave if the case is in the interests of justice. Once Supreme Court grants permission the case can be heard by the Supreme Court.
15. 15What is it meant by ratio decidendi?

    1. AIt is a Judgement Decision contained in 3 parts. 1. The Facts of the case & their relative importance. 2. The actual decisions, who wins/loses. 3. Case reasons for the decisions, including the application of earlier cases or relevant legislation & the decision in the lower court in an appeal case.
    2. B'The reason for deciding' in only a criminal law case. It is a Judgement Decision contained in parts. 1. The Facts of the case & their relative importance. Consists of material facts of the case. 2. The actual decisions, who wins/loses. Essential action for decision. 3. Case reasons for the decisions, including the application of earlier cases or relevant legislation & the decision in the lower court in an appeal case.
    3. CIt is what binds courts in the hierarchy of decisions, a binding precedent can persuasive a case by which a judge can choose to select the previous decision dependent on a common jurisdiction system.
16. 16What is a 'binding precedent'?

    1. AThe system of law making by the courts is used as an authoritative rule in later or similar cases. Must be followed/adhered to by certain courts when a similar situation before the courts has been previously addressed by a superior court in an earlier decision.
    2. BA precedent which may not be applied & followed at the courts discretion. e.g decision of court on same level of hierarchy or common law jurisdiction. If case goes to court and they are on the same level the judge may be persuaded to follow decision of similar case but does not have to.
    3. CA judgement or decision in 3 parts. e.g. Facts of the case and the reasons for deciding. This includes the application of earlier cases & the decision in the lower court in an appeal case.
17. 17What is a persuasive precedent?

    1. AThe system of law making by the courts is used as an authoritative rule in later or similar cases. Must be followed/adhered to by certain courts when a similar situation before the courts has been previously addressed by a superior court in an earlier decision.
    2. BA precedent which may not be applied & followed at the courts discretion. e.g decision of court on same level of hierarchy or common law jurisdiction. If case goes to court and they are on the same level the judge may be persuaded to follow decision of similar case but does not have to.
    3. CA precedent where the courts discretion is bound to a previous made decision. e.g decision of court on same level of hierarchy or common law jurisdiction. If case goes to court and they are on a lower level the judge may not be persuaded to follow decision of similar case but does not have to.
    4. DThe system of law making by the courts is used as an authoritative rule in later or similar cases. Must be followed/adhered to by certain courts when a similar situation before the courts has been previously addressed by a superior court in an earlier decision. Persuasive is out of the question.
18. 18Describe the essential features of a Company?

    1. ACompanies Act 1993. Can own property. Can sue or be sued. Can be held criminally liable. 1. The company is separate from those who own/control it. 2. It has perpetual succession. 3. Can be expensive to set up/incorporate. 4. Must comply w Companies Act 1993. 5. Assets are owned by the company NOT the shareholder. 6. Shareholders cannot individually bind/control the company. 7. Registered companies can only act through managers/directors etc. 8. Persons acting on behalf of company create legal rights/duties. 9. Personal liability for those representing companies will depend on control of company. 10. Such companies are terminable by liquidation. 13. Directors have legal duties. ENTITY PRINCIPLE SECTION 15 - Lee v Lee's Air Farming Ltd 1961 & Salomon & Co Ltd 1897.
    2. BCompanies Act 1993. Can own property. Can sue or be sued. Can be held criminally liable. 1. The company is separate from those who own/control it. 2. It has perpetual succession. 3. Can be expensive to set up/incorporate. 4. Must comply w Companies Act 1993. 5. Assets are owned by the company NOT the shareholder. 6. Shareholders cannot individually bind/control the company. 7. Registered companies can only act through managers/directors etc. 8. Persons acting on behalf of company create legal rights/duties. 9. Personal liability for those representing companies will depend on control of company. 10. Such companies are terminable by liquidation. 13. Directors have legal duties. ENTITY PRINCIPLE SECTION 15 - Magna Carta.
    3. CCompanies Act 1993. Can own property. Can sue or be sued. Can be held criminally liable. 1. The company is separate from those who own/control it. 2. It has perpetual succession. 3. Can be expensive to set up/incorporate. 4. Must comply w Companies Act 1993. 5. Assets are owned by the shareholder NOT the company. 6. Shareholders cannot individually bind/control the company. 7. Registered companies can only act through managers/directors etc. 8. Persons acting on behalf of company create legal rights/duties. 9. Personal liability for those representing companies will depend on control of company. 10. Such companies are terminable by liquidation. 13. Directors have legal duties. ENTITY PRINCIPLE SECTION 15 - Lee v Lee's Air Farming Ltd 1961 & Salomon & Co Ltd 1897.
    4. DCompanies Act 1993. Can own property. Can sue or be sued. Can be held criminally liable. 1. The company is separate from those who own/control it. 2. It has perpetual succession. 3. Can be expensive to set up/incorporate. 4. Must comply w Companies Act 1993. 5. Assets are owned by the company NOT the shareholder. 6. Shareholders cannot individually bind/control the company. 7. Registered companies can only act through managers/directors etc. 8. Persons acting on behalf of company create legal rights/duties. 9. Personal liability for those representing companies are unlimited. 10. Such companies are terminable by liquidation. 13. Directors have legal duties. ENTITY PRINCIPLE SECTION 15 - Lee v Lee's Air Farming Ltd 1961 & Salomon & Co Ltd 1897.
19. 19Define a Statutory Corporation?

    1. AThese include Companies set up under the Companies Act 1993. These organisations are registered companies under the Bill of Rights Act 1986. All the shares in a SOE are held by the Minister of Finance. The minister of such duty cannot sell unless there is specific legislative authority.
    2. BThese include State Owned Enterprises set up under the State Owned Enterprises Act 1908. SOE's are registered companies under the Companies Act 1993. All the shares in a SOE are held by the Minister of Finance. The minister of SOE cannot be sold unless there is specific legislative authority.
    3. CThese include Statutory Corporations set up under the State Owned Enterprises Act 1908. SC's are registered companies under the Companies Act 1993. All the shares in a SC are held by the Minister of Finance. The minister of SC cannot be sold unless there is specific legislative authority.
    4. DThese include Partnerships set up under the State Owned Enterprises Act 1908. Partnerships such as these are registered companies under the Companies Act 1993. All the shares in a SC are held by the Minister of Primary Industries. The minister of SC cannot be sold unless there is specific legislative authority.
20. 20Define a Sole Trader?

    1. AA natural legal person (18+yrs). A person who is the exclusive owner of a business entitled to all profit after tax has been paid but liable for all losses. Simple & cheap to set up. ST's have the legal ownership of assets of the business & can sue or be sued. ST's are personally liable for debts of the business. It can be difficult to raise finance.
    2. BAn artificial legal person (organisation). A person who is the exclusive owner of a business entitled to all profit after tax has been paid but liable for all losses. Simple & cheap to set up. ST's have the legal ownership of assets of the business & can sue or be sued. ST's are personally liable for debts of the business. It can be difficult to raise finance.
    3. CA natural legal authority (18+yrs). A person who is the exclusive owner of a business entitled to all profit after tax has been paid but liable for all losses. Simple & cheap to set up. The company has the legal ownership of assets of the business & can sue or be sued. ST's are personally liable for debts of the business. It can be difficult to raise finance.
21. 21Define a Partnership?

    1. APartnership Act 1908. Where 2 or more persons carry on a business. They have common objectives focused on profit. Not a separate legal liability e.g. unlimited liability. Personal liability of actions of other partners e.g. if one partner is involvement, debtors can claim personal assets. Difficulty raising finance.
    2. BPartnership Act 1908. Where 1 or more persons carry on a business. They have common objectives focused on profit. Not a separate legal liability e.g. unlimited liability. Personal liability of actions of other partners e.g. if one partner is involvement, debtors can claim personal assets. Difficulty raising finance.
    3. CPartnership Act 1908. Where 2 or more persons carry on a business. They have common objectives focused on profit. Not a separate legal liability e.g. limited liability. Personal liability of actions of other partners e.g. if one partner is involvement, debtors can claim personal assets. Difficulty raising finance.
22. 22Explain why societies needs laws?

    1. ATo regulate, protect people, enforce rights and solve conflicts. A code to regulate conduct. Provides a process where disputes can be resolved. Restricts freedom to protect others for the greater good. Protect us from acts by authority.
    2. BTo demonstrate, protect people, enforce rights and solve conflicts. A code to regulate conduct. Provides a process where disputes can be resolved. Restricts freedom to protect others for the greater good. Protect us from acts by authority.
    3. CTo understand, protect people, enforce rights and solve conflicts. A law to issue conduct. Provides a process where disputes can be debated. Restricts freedom to protect others for the greater good. Protect us from acts by authority.
23. 23Explain the relationship between law and justice?

    1. AJustice can be defined as "giving every person what he or she deserves" which obviously an ideal. The words 'Justice' & 'Law' are often used interchangeably but this is misleading. Justice is primarily a personal concept - subjective. Law is factual & impersonal - objective. e.g. one persons idea of justice of the law may be different to another person such as Nuremberg Laws.
    2. BJustice can be defined as "human desires & absolute freedoms" which obviously an ideal. The words 'Justice' & 'Law' are often used interchangeably but this is misleading. Justice is primarily a personal concept - subjective. Law is factual & impersonal - objective. e.g. one persons idea of justice of the law may be different to another person such as Nuremberg Laws.
    3. CJustice can be defined as "giving every person what he or she deserves" which obviously an ideal. The words 'Justice' & 'Law' are often used differently but this is misleading. Justice is primarily a person concept - subjective. Law is factual & impersonal - objective. e.g. one persons idea of justice of the law may be different to another person such as Salomon v Salomon Co Ltd
    4. DJustice can be defined as "giving every person what he or she deserves" which obviously an ideal. The words 'Justice' & 'Law' are often used interchangeably but this is misleading. Justice is primarily a impersonal concept - subjective. Law is factual & personal - objective. e.g. one persons idea of justice of the law may be different to another person such as Nuremberg Laws.
    5. EJustice can be defined as "giving every person what he or she deserves" which obviously an ideal. The words 'Justice' & 'Law' are often used interchangeably but this is misleading. Justice is primarily a person concept - objective. Law is factual & impersonal - subjective. e.g. one persons idea of justice of the law may be different to another person such as Nuremberg Laws.
24. 24Explain the relationship between Law & Freedom?

    1. AFreedoms can be an apparent contradiction, laws often may conflict w 'giving every person what he or she deserves'. NZ Bill of Rights Act 1990 states some basic freedoms w limitations. The law is therefore a balance involving the grant, protection & limitation of personal freedoms e.g. countering Terrorists Fighters Legislation e.g. ISIS RE: Travel.
    2. BThe nature of laws involves an apparent contradiction, laws often may conflict w 'human desires and absolute freedoms'. NZ Bill of Rights Act 1990 states some basic freedoms w limitations. The law is therefore a balance involving the grant, protection & limitation of personal freedoms e.g. countering Terrorists Fighters Legislation e.g. ISIS RE: Travel.
    3. CLaw involves an apparent contradiction, laws often may conflict w 'human desires and absolute freedoms'. Constitution Act 1990 states some basic freedoms w limitations. The law is therefore a balance involving the grant, protection & limitation of personal freedoms e.g. countering Terrorists Fighters Legislation e.g. ISIS RE: Travel.
    4. DThe nature of laws involves an too many contradictions, laws often may conflict w 'human desires and absolute freedoms'. NZ Bill of Rights Act 1990 states some basic freedoms w limitations. The law is therefore a balance involving the grant, protection & limitation of personal freedoms e.g. countering Terrorists Fighters Legislation e.g. ISIS RE: Travel.
25. 25What does the term 'Parliamentary Sovereignty' mean?

    1. AThis means NZ's constitution is based on the principle of separation of powers through a series of constitutional safeguards. The executives ability to carry out legislature. This means government is rarely a single party but a coalition of parties. The judiciary is also free of government interference. e.g. Parliament makes the laws & the judiciary develop it, this means parliaments cannot request a judicial officer to reconsider the intention of a policy.
    2. BThat Parliament is the Supreme law-making body. Parliamentary Sovereignty makes Parliament the Supreme legal authority, which can create or end (make/unmake) any law. Legislation is the highest form of law. Parliament can delegate its law making powers e.g. Councils for litter control. Parliament cannot bind its successors e.g. Parliament cannot say "No Parliament in future will be allowed to pass certain laws." IMPLIED REPEAL - Parliaments most recent enactment will prevail. INITIATED REFERENDA - Petition from public e.g. for NZ flag not to be changed.
    3. CThat Parliament is the Supreme law-making body. Parliamentary Sovereignty makes Parliament the Supreme legal authority, which can create or end (make/unmake) any law. Legislation is the highest form of law. Parliament can delegate its law making powers e.g. Councils for litter control. Parliament cannot bind its successors e.g. Parliament cannot say "No Parliament in future will be allowed to pass certain laws." IMPLIED REPEAL - - Petition from public e.g. for NZ flag not to be changed. INITIATED REFERENDA - Parliaments most recent enactment will prevail.
    4. DThis means NZ's constitution is based on the principle of separation of powers through a series of constitutional safeguards. The executives ability to carry out legislature. This means government is rarely a single party but a coalition of parties. The judiciary is also free of government interference. e.g. Parliament makes the laws & the judiciary develop it, this means parliaments cannot request a judicial officer to reconsider the intention of a policy in court.
26. 26Process of a Bill is in the following order...?

    1. AFIRST READING - PARLIAMENTARY SELECT COMMITTEE - SECOND READING - COMMITTEE OF THE WHOLE HOUSE - THIRD READING - ROYAL ASSENT
    2. BFIRST READING - SECOND READING - PARLIAMENTARY SELECT COMMITTEE - THIRD READING - ROYAL ASSENT
    3. CFIRST READING - PARLIAMENTARY SELECT COMMITTEE - SECOND READING - THIRD READING - COMMITTEE OF THE WHOLE HOUSE - ROYAL ASSENT

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Quiz on LAW Mod 1-4, created by Lauren Smith9954 on 23/01/2016.

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Created on 23 Jan 2016 · updated on 1 Nov 2016

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