BLURTING - LAWS101 A

Question 1

Blurt Overview

Answer 1

3 branches of power
How they are uneven in power + why they are
Roles of each
Who is in each
2 features of parliment + meaning
NZ Court hierarchy + why we have it
Judicial independance + why important + how maintained
Interactions between branches
Bill –> law steps
Doctrine of precedent - what it sets down and the 2 pillars of it
Vertical and horizontal stare decisis
Why we have a hierarchy of courts
Values promoted by following precedent
Why high courts take a cautious approach departing
Definitions of obiter and ratio
Persuasiveness of nz cases + overseas cases - overseas precedents
How Parliment came to be in the world - timeline
How NZ became independant from england
How common law came to be established in NZ
Differences with montfort and witengamont + significance of them

Question 2

Blurt Stat Interpretation

Answer 2

Word meanings
Tool meanings
- Noscutiur
- Ejusdem generis
- Expressio
- Purposive/Mischeif
- Literal
- Golden rule + case

Question 3

Blurt Rights

Answer 3

Definition of a right
Why important
What 3 things they engage
2 things NZBORA can be refered to as
S4, S5, S6, S14
How these 4 sections interact
NZBORA remedies - uniqueness and 2 remedies
What cases link to the 2 remedies
Reasons for S14/ giving us a freedom of expression
Marketplace of ideas
Limits on freedom of expression
The 4 freedom of expression cases + their mateiral facts + their ratios
Points of agreement/ disagreement of each
Difference between legal positivisim and natural law
Definition of legal pluralisim