Introduction (Lectures 1 - 3) Flashcards

1
Q

Property Law

A

Governs land ownership and its uses in New Zealand

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2
Q

Nuisance

A

Property interference, committed by another party

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3
Q

Negligence

A

A party owes a duty of care to another party, and breaches this duty, causing a loss

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4
Q

Tort Law

A

Civil Wrongs

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5
Q

Branches of Tort Law

A

Negligence
Nuisance
Defamation

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6
Q

Torrens System

A

Land Transfer System recognised under the “Land Transfer Act (1870)”

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7
Q

Commercial Law

A

Involves contractual issues and the formation and management of corporations

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8
Q

Environmental Law

A

Prevention of Environmental disasters and future planning to ensure the environment is used in a productive and sustainable way

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9
Q

Defamation

A

Unjust damage to a persons reputation (including libel and slander)

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10
Q

Equity

A

Used in making just decisions, not necessarily serving justice

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11
Q

International Law

A

Governs the relations between nations

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12
Q

Family Law

A

Intervention occurs when the non-legal culture bonds break down

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13
Q

The two major classifications of Law

A

Public Law

Private Law

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14
Q

Administrative Law

A

Allows for judicial review if state actions

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15
Q

Constitutional Law

A

Sets out the roles of different branches of government, how the interact with each other and with citizens

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16
Q

Subcategories of Public Law

A

Constitutional Law
Administrative Law
Revenue
Criminal Law

17
Q

Injunction

A

Equitable remedy in the form of a court order that compels a party to do or refrain from a particular act

18
Q

Revenue (Taxation Law)

A

Regulates individuals payment of taxes to the state

19
Q

Criminal Law

A

Enforcement of Laws by the State

20
Q

The New Zealand Bill of Rights Act (1990)

A

Outlines the rights of individual citizens in relation to the state

21
Q

Subcategories of Private Law

A
Property Law
Environmental Law
Family Law
Commercial Law
Equity (Trusts and Succession)
Tort Law
22
Q

Code of Ethics (Lawyer-Client Relationship)

A

Lawyers and Conveyancers Act (Lawyers Conduct and Client Care) 2007

23
Q

Rule 5.1 in the Lawyers and Conveyancers Act

A

“The relationship between lawyer and client is one of confidence and trust, that must never be abused”

24
Q

Four Situations Where a Lawyer Can Refuse a Client

A

Conflict of Interest
Not in Their Field of Expertise
Too Busy
Client Cannot Pay

25
Prohibitory Rules
To formally forbid something by rule or law
26
Mandatory Rules
Compulsory laws, required by law or mandate
27
Regulatory Rules
Control something by means of rules and regulations to ensure it operates properly (used particularly for business)
28
Permissive Rules
Optional rules that are allowed but not obligatory
29
System of Rules
Primary and Secondary Rules Officers/Officials Organisations
30
Primary Rules
Rules regulating our conduct
31
Secondary Rules
Rules regulating the identification, application, and change of the primary rules
32
Systems of Control
Morality Custom Normative Systems