Introduction (Lectures 1 - 3) Flashcards
Property Law
Governs land ownership and its uses in New Zealand
Nuisance
Property interference, committed by another party
Negligence
A party owes a duty of care to another party, and breaches this duty, causing a loss
Tort Law
Civil Wrongs
Branches of Tort Law
Negligence
Nuisance
Defamation
Torrens System
Land Transfer System recognised under the “Land Transfer Act (1870)”
Commercial Law
Involves contractual issues and the formation and management of corporations
Environmental Law
Prevention of Environmental disasters and future planning to ensure the environment is used in a productive and sustainable way
Defamation
Unjust damage to a persons reputation (including libel and slander)
Equity
Used in making just decisions, not necessarily serving justice
International Law
Governs the relations between nations
Family Law
Intervention occurs when the non-legal culture bonds break down
The two major classifications of Law
Public Law
Private Law
Administrative Law
Allows for judicial review if state actions
Constitutional Law
Sets out the roles of different branches of government, how the interact with each other and with citizens
Subcategories of Public Law
Constitutional Law
Administrative Law
Revenue
Criminal Law
Injunction
Equitable remedy in the form of a court order that compels a party to do or refrain from a particular act
Revenue (Taxation Law)
Regulates individuals payment of taxes to the state
Criminal Law
Enforcement of Laws by the State
The New Zealand Bill of Rights Act (1990)
Outlines the rights of individual citizens in relation to the state
Subcategories of Private Law
Property Law Environmental Law Family Law Commercial Law Equity (Trusts and Succession) Tort Law
Code of Ethics (Lawyer-Client Relationship)
Lawyers and Conveyancers Act (Lawyers Conduct and Client Care) 2007
Rule 5.1 in the Lawyers and Conveyancers Act
“The relationship between lawyer and client is one of confidence and trust, that must never be abused”
Four Situations Where a Lawyer Can Refuse a Client
Conflict of Interest
Not in Their Field of Expertise
Too Busy
Client Cannot Pay