Law1 Part1 - The Making of Law

Question 1

What are the two primary sources of law in NZ?

Answer 1

1. Parliament

2. The Courts

Question 2

What laws are made in parliament?

Answer 2

• Acts of Parliament
• Statutes
• Legislation
• Regulations and rules
• Bylaws

Question 3

What laws are made in the courts?

Answer 3

• Common law
• Judge‐made law
• Cases
• Decisions of the courts

Question 4

What is the parliamentary process for introduction a bill (part 1)?

Answer 4

policy ideas (political parties, pressure groups, government departments etc.) -> parliamentary counsel office (draft a “bill”) -> cabinet OK -> introduction to parliament -> minister or MP

Question 5

What is the parliamentary process for introduction a bill (part 2)?

Answer 5

introduction, first reading -> select committee, public input (perhaps changes) -> second reading, debate on merits/policy/political grounds

Question 6

what are statutes?

Answer 6

same thing as acts of parliament

Question 7

what is legislation?

Answer 7

includes acts of parliament or statues but is broader as includes other legislative instruments e.g. regulations and rules, bylaws

Question 8

acts of parliament + regulations and rules + bylaws = ?

Answer 8

legislation

Question 9

who makes by bylaws and what are they?

Answer 9

set by councils, laws within limits

Question 10

who makes by bylaws and what are they?

Answer 10

set by councils, laws within limits

Question 11

what power do judges have in common law systems?

Answer 11

judge can make laws

Question 12

what is the idea behind a common law system?

Answer 12

parties have a dispute and go to court and judge applies previous decisions or makes up decision

Question 13

what happens if there is a conflict between a parliamentary law and a law from a judgement/made by judge?

Answer 13

parliament calls the shots (sovereign law maker) -> parliamentary sovereignty

Question 14

What is the parliamentary process for introduction a bill (part 3)?

Answer 14

committee of the whole, third reading, vote -> royal assent, governor-general -> act of parliament, in force - day after Assent OR date specified in Act

Question 15

Give an overview of the NZ Courts’ basic hierarchy

Answer 15

TOP
1. Supreme Court
2. Court of Appeal
3. High Court
4. District Court
BOTTOM

Question 16

Briefly outline the Supreme Court

Answer 16

1. 5 judges

2. public interest/complex law

Question 17

Briefly outline the Court of Appeal

Answer 17

1. 3-5 judges

2. Appeals from lower courts, usually High Court

Question 18

Briefly outline the High Court

Answer 18

1. 1 judge
2. appeals from lower court/serious crimes/high $
3. “judicial review” of ministers/decision makers

Question 19

Briefly outline the District Court

Answer 19

1. 1 judge

2. most crime/drive offences/lower $

Question 20

What are three classifications of law?

Answer 20

1. international law
2. public law
3. private law

Question 21

What is international law?

Answer 21

– Inter‐state relations (Treaties, Conventions, etc)

Question 22

What is public law?

Answer 22

– Government/individual relations (Crimes, Traffic
Offences, Tax, Constitutional Law, Human Rights,
Welfare, etc)

Question 23

What is private law?

Answer 23

involves relationships between individuals, such as the law of contracts and torts, and the law of obligations