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Surv 130 Exam > Week 2: Law > Flashcards

Week 2: Law Flashcards

1
Q

Each society develops its own system of norms and its complexity depends on

A

The relationships among members of the society and by the size of the society

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2
Q

The purpose of the law is to

A

Ensure peaceful existence among members of the society

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3
Q

In some cases it limits the rights of the individuals for

A

The greater good

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4
Q

Law is a set of norm that is developed to

A

Control, organize and regulate conduct and the relationship between people

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5
Q

Law in general can be defined as

A

A regime of adjusting relations and ordering human behaviour through the force of a socially organised group

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6
Q

Law is concerned with regulating

A

Human relations

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7
Q

How is law related to the built environment

A
  1. Promoting changes
  2. Facilitating changes
  3. Imposing changes
  4. Protecting the natural environment
  5. Protecting the community
  6. Protecting individuals
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8
Q

Why should a surveyor study law

A
  1. The spatial definition of land parcels is the responsibility of the surveyors
  2. Land ownership is legally defined (cadastre)
  3. Boundary definition is a legal process
  4. Land rights are protected or overridden by legislation
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9
Q

Surveyors and other land related professionals are required to have a broad understanding of

A

The land law and government processes

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10
Q

What role can surveyors have in land court proceedings

A

Expert witness in court proceedings

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11
Q

Any survey planning must be concentrated on

A

Law

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12
Q

Land tenure definition

A

To hold (in the sense of possess and control sometimes to the exclusion of others)

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13
Q

Land tenure is the relationship that individuals and groups hold with respect to

A

The land and resources

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14
Q

Types of official proceedings that can be defined by land tenure

A

Statutory law or customary norms

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15
Q

NZ law is based on what foreign regime law

A

English common law

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16
Q

NZ law is heavily influenced by

A

Maori customary law

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17
Q

Who makes law

A
  1. MPs in parliament
  2. Judges in court
  3. Academics
  4. Prime minister in cabinet
  5. Cops on the street
  6. Society by general agreement and compliance
  7. The church
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18
Q

How MPs affect Law

A

Legislation

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19
Q

How judges in courts affect law

A

Precedent

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20
Q

How academics affect law

A

Research, theory and philosophy

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21
Q

How prime ministers affect law

A

Decree

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22
Q

How cops on the street affect law

A

Enforcement

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23
Q

How society by general agreement and compliance affect law

A

Custom

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24
Q

How the church affect law

A

Morals

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25
Q

Law comes from

A
  1. History
  2. Social rules
  3. Religion
  4. Records of court decisions
  5. Passage of legislation
26
Q

Sources of law in New Zealand

A
  1. Custom
  2. Common law
  3. Statute
  4. Tikanga (Maori customary law)
27
Q

The English laws act occurred when

A

1858

28
Q

The english laws act (an act of NZ parliament) affirmed that the laws of England were the laws of NZ from

A

14 Jan 1840

29
Q

Custom

A

Unwritten standards of behaviour, practices and principles by which the community lived (e.g hygiene, social taboos)

30
Q

Under english law, custom must have existed since

A

Time immemorial (1189), the time of Richard I ascension to the throne

31
Q

For a custom to have the force of law, the requirements are

A
  1. It must have continued without interruption since 1189
  2. It must be confined to a limited and defined locality
  3. It must be certain
  4. It must be reasonable
31
Q

Common law

A

The system of law that emerged in England beginning in the middle ages and is based on case law and precedent

32
Q

Common law began

A

After 1066 - Norman conquest

33
Q

Common law was meant to be ______ decided

A

Uniformly

34
Q

_____ were sent around the country top decide the law in England

A

Judges

35
Q

Common law reflected

A

Customs and community sense of right and wrong, justice and fairness - so was readily accepted

36
Q

Characteristics of common law

A
  1. The common law exists; it is declared by judges as it applies to disputes brought before courts
  2. The ancient unwritten law of the kingdom
37
Q

Common law system is

A
  1. Uncodified
  2. Largely based on judicial decisions that have already been made in similar cases (precedent)
  3. Judges have the authority to reveal the law
  4. Judges understood social norms, so ensure fairness
  5. Needs a system of reporting
  6. Can be situation dependent e.g burglary worse under times of crisis (looting)
38
Q

Decisions in individual cases are very important because

A

Through the decisions the “unwritten law of the kingdom” is declared and “written down” by the judges through their decisions on a particular case

39
Q

“Written down” by judges refers to

A
  1. The doctrine of the precedent
  2. An effective system of law reporting
40
Q

Elements of reporting a case

A
  1. At trial (plaintiff/defendent)
  2. On appeal (appellant/respondent)
  3. Court - Level of hierachy
  4. Names of judges
  5. Head note - the editors interpretation of the case
  6. Key words
  7. Statement of action
  8. Analysis of facts
  9. Finding of the court
  10. Cases referred to
  11. Names of council for plaintiff and defendant
  12. Decision/judgement - written by the judge
41
Q

The doctrine of the precedent

A

Like cases should be treated alike

42
Q

Precedents are either

A

Binding or persuasive

43
Q

Binding precedent

A

A legal rule set by a supreme court that must be followed by lower courts within its jurisdiction

44
Q

Persuasive precedent

A

Not binding, but useful information that may sway a judges decision

45
Q

Statute is a source of law also known as

A

Legislation

46
Q

Does statute or common law override the other

A

Statute overrides common law

47
Q

In the NZ system, parliament is the supreme law-making body, and as such can

A

Create laws to govern virtually any aspect of life in our society

48
Q

Differences between statue and common law

A
  1. For statute, parliament does not have to wait for a dispute to arise, and law can only be developed in common law if a case is brought before the court
  2. For statute, parliament can reform the common law replacing common law with statute, and for common law, judge as to decide on the basis of the law
49
Q

Other sources of the law

A
  1. Deligated or subordinated legislation
  2. Tikanga
  3. Treaties
  4. Treaty of waitangi
50
Q

Deligated or subordinated legislation

A

Parliament can delegate law making power to other bodies (by laws, regulations)

51
Q

The power to make delegated legislation is always traced in

A

Statute

52
Q

The first law of New Zealand

A

Tikanga

53
Q

Tikanga maori is given limited recognition in the NZ legal system as a source of

A

Custom, enforceable at common law

54
Q

Where parliament has included words taken from Tikanga Maori in statute law, the courts must

A

Address these concepts in the way parliament requires

55
Q

Judges may consider relevant _______ when deciding how to exercise discretion

A

Tikanga values (e.g community, whanau, background

56
Q

Treaty

A

An agreement between two or more nations to act according to the set of rules agreed upon

57
Q

Treaties may be called

A

Agreements, accords, protocols, conventions (among others)

58
Q

Treaties can be described as less direct sources of law because

A

They create obligations on the government and may have some impact on related domestic laws

59
Q

Courts can take treaties into account when deciding a case. True or False

A

True

60
Q

Te Tiriti o Waitangi

A

Agreement by which maori and the crown consented to terms of settlement (different from other treaties)

61
Q

Although it does not have the force of law in NZ, it has been recognised by the courts and the legislature as

A

A founding consitutional document

Surv 130 Exam (11 decks)

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