BLAW211 EXAM QUESTIONS WITH ALL CORRECT ANSWERS
Second readings - Answer-Ministers will decide whether this bill will go forward via voting
Committee Stage (Bill) - Answer-Bill is thoroughly reviewed clause by clause to see if any further amendments need to be made
third reading of a bill -...
BLAW211 EXAM QUESTIONS WITH
ALL CORRECT ANSWERS
Second readings - Answer-Ministers will decide whether this bill will go forward via
voting
Committee Stage (Bill) - Answer-Bill is thoroughly reviewed clause by clause to see if
any further amendments need to be made
third reading of a bill - Answer-- royal assent. GG will sign their tick of approval on the
new legislation
subordinate legislation - Answer-Below statutes, above common law &equity.
Regulations and laws, orders and notices.
Interpretation rules - Answer-Literal rule, golden rule, mischief rule
Literal rule - Answer-Interpreted by its strict literal meaning
Golden rule - Answer-Depart from strict interpretation of a rule to avoid absurdity
Mischief rule - Answer-The court will interpret what the act/statute was trying to
accomplish
Article 1: Provisions of treaty - Answer-Article 1: confederation of united tribes and
independent chiefs concede "sovereignty" to the "queen of England". Meaning the
crown has supreme power. Kawatanga = Māori chiefs thought this meant governorship.
However British considered it of giving up rights.
Article 2: provisions of treaty - Answer-Queen guarantees, I disturbed possession of
land Forrest's, fisheries & other properties & chiefs grant exclusive right of pre-emption
of land to crown.
Rangtiratanga: Māori used land and was not owned. Taonga- object or resource of value.
Possession of land, fisheries and forests was left out on the Māori translation.
Article 3: provisions of treaty - Answer-Queen grants status of British subjects to Māori
people
Legal status of treaty: negative arguments - Answer-Not treaty at all: Māori gave up their
sovereignty, so gave up their rights
Māori not politically organised = patronising as Māori may have been organised but notin
English meaning
No consensus of govt or law = Māori were not a state that could enter.
, What is a law? - Answer-the rules and regulations made and enforced by government
that regulate the conduct of people within a society. Recognised by state.
What are legal rules? - Answer-Created by statute and must be enforceable. If not
enforceable it is not legal.
What is moral law? - Answer-Laws that aren't legal or enforced e.g cheating on spouse
What are the classifications of law? - Answer-Public law and private or civil law
Public law - Answer-Matters affecting the state/ community as a whole
Constitutional law - Answer-Defines how govt. works, parliament is run, entities that
make up govt
Administrative law - Answer-Government agencies, e.g oranga tamariki, WINZ, IRD.
Obligations with full disclosure
International law - Answer-The study of law between countries e.g trade
Criminal law - Answer-Crime acts
Civil law - Answer-Between individual & Individual
Contract (civil law) - Answer-An agreement between parties
Tort (civil law) - Answer-People have the right to not be harmed by someone else's
negligence
Family (civil law) - Answer-Relationship property, children disputes, court may intervene
Property (civil law) - Answer-Transfer ownership
Equity (civil law) - Answer-Equity law covers trusts
Legal status of treaty: affirmative arguments - Answer-- Māori has a developed systemof
law and land tenure (Māori were not savages)
- tribal societies were subject to treaties with European states for long time before 1840
- there was a form of political organisation amongst Māori
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