laws 101 Keziah

a judicial decision that invalidates or sets aside a previous ruling

a court has declined to follow a decision of a court of co-ordinate jurisdiction in a case where the facts were similar.

a court decides that it won’t follow a previous decision even where it would otherwise be bound by it, as there is some important difference between the cases.

the reasoning of a case which is not binding authority in New Zealand is used to support arriving at a decision in the current case

a court is applying a principle of a previous decision to the current case, the facts of which are materially different from those of the earlier case 

a court is expressing itself as bound by a previous decision of a same/higher court in a case where the material facts were the same or substantially similar. 

– something said 'by the way' , statements about the law or the way it applies, by way of illustration, analogy or argument 

not the end itself – it is a tool to help us reason  

the answer, and how they interrelate to precedent 

The facts that are legally relevant to the issue 

The legal point in dispute in the case, Framed as a legal question based on the material facts (“whether …[insert material facts]”) 

when the precedent case does not dictate outcome of current case – when they disagree – they distinguish the current case because they believe them to be different

The reason for a court's decision and is part of the judgement delivered at the end of a case - through analysis of the facts, the judge applies the appropriate rule or principle of law

reserved decision – the judge took time to consider the decision 

a case that is finished , it is settled 

High Court

president of court of appeal 

how persuasive it may be – how the precedent has been treated In the past - the degree of legal similarity 

- It is 'relevant' when compared to the current case – the facts and the laws 

- From a hierarchically higher court in same jurisdiction 

• From a co-ordinate court same level or inferier in the hierarchy

• A different jurisdiction ie england or canada 

something in the past that serves as a model for the future 

A blueprint to be followed in similar cases

the doctrine that courts will adhere to precedent in making their decisions. Stare decisis means “to stand by things decided” in Latin - To stand by decisions and not to disturb settled matter

which people can become high court workers 

collegiality , altruism , and compulsion , and Duty 

(working with colleagues for a common cause)

(desire to help others without expecting anything in return)

(requirements or expectations imposed by professional standards)

if criteria in the Criminal Records (Clean Slate) Act 2004 are met  

Supreme court

Judicial review is a constitutional function the review and possible invalidation of executive actions of the Government 

opposing parties act as adversaries, presenting their cases and competing to convince the judge and jury of their version of the facts -  It places the responsibility of proving or disproving a case on the parties involved. 

a legal system in which the court is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an impartial referee.

set of remedies and associated procedures involved with civil law

to hear appeals from lower courts 

Government funded defence lawyers 

assists unrepresented defendants on their first day in criminal court 

provide legal assistance to any person interrogated by police - can do even with your own lawyer if your lawyer isnt available 

Charge normal fee if case is successful 

fixed % of money winnings 

% of money gets more as the case progresses through stages 

normal fee plus premium 

speculative and fee premium 

free or disocounted price , a community involved case or charity  

resolving disputes between individuals or organisations started in the District Court  

decision of a higher court is binding on lower courts 

a type of court with the power to grant remedies other than monetary damages 

a court of law with jurisdiction limited to a city or other municipality 

when one party makes a false claim about a contract 

7 years - Coroners court is 5 years 

The coexistence of two legal traditions in a single state

actions made by government bodies that go beyond the authority granted to them by law 

common law actions where a person seeks damages for injuries sustained as a result of another person's wrongdoing 

A public act is one that has an impact on the general population 

address public interest issues, although they only have an impact on a specific region of New Zealand 

skill based on a body of theoretical knowledge, an ethos of altruistic service, an ethical code of conduct 

by the Disciplinary Tribunal s 7 Lawyers and Conveyancers Act 2006

Lawyers: Conduct and Client Care Rules 2008

2004

not making a legal judgement so as to avoid others from making it in future aka defence on necessity  

where a legal principle got its authority and validity, meaning, parliament or the courts 

acts are of parliament; they can’t be used for to describe law from other bodies.

law that has not yet become law but has been introduced to parliament 

acts that apply to the public 

Local Acts - apply only to certain locations, such as a district council  

are only applied to certain people, corporations,or groups

Members Bill’s are sponsored by members of parliament in a private capacity, it is not done by the whole political party, but if it is passed it becomes a public act like all others 

Other bodies can make laws that bind citizens aslong as they can trace that power back to parliament - these are known as subordinate or delegated legislation - is made with little to no public engagement or involvement, in contrast to the parliament procedure; this adds worry that the law's quality may not be on par with that of Parliament. 

• Supreme Court 

• Court of appeal 

• High court 

• District court

criminal law controls bad conduct by enforcing punishment 

Rules on validity of agreement lands in contract law 

Separation of powers - is to prevent abuse of power 

describes the way which a country and its parts of government are put together. It also contains the rules they must abide by when creating laws.

Administrative law deals with the way in which government agencies interact/ treat private citizens. This includes fair and equal treatment of all people, and the exercise of discretion only on reasonable grounds.

Revenue law deals with tax and revenue, it enables the government to take tax from its citizens. 

Land law covers the full idea of interests in land. How interests in land are created, restricted, and transferred is the subject of land law.  

Property law covers things that are not an interest of land, making it personal property. Deciding who is entitled to ownership and possession of such property is the goal of property law.  

Family law deals with matters of marriage, adoption, divorce, and similar events.

 Restitution is the reversal of an unfair payment. It is when one party has benefited at the expense of another.

International law. There are a number of formal structures in international law. The United Nations is the most prominent of these. Next is the World Trade Organisation, which makes policy and determines conflicts about international free trade, and the International Court of Justice, which hears cases and renders rulings between nations. 

The Court of Appeal

The District Court

The Supreme Court

The High Court

A finding of per incuriam means that a previous court judgment has failed to pay attention to relevant statutory provision or precedents

a fact that is crucial to the determination of an issue at hand.

The scope of a court's power to do justice in cases brought before it

The territorial principle (also territoriality principle) is a principle of public international law which enables a sovereign state to exercise exclusive jurisdiction over individuals and other legal persons within its territory

Lawyers: Conduct and Cient Care Rules 2008

No, HC decisions are persuasive in the HC

A Lawyers pursuit of self interest

Statutory Law

the law that exists in legislatively enacted statutes especially as distinguished from common law

Misconduct, by the Disciplinary Tribunal

Nuisance

Nuisance

(1): High Court Judges, (2): Chief Justice, (3): Prime Minister

Limited/statutory
2. Can hear appeals from administrative tribunal e.g motor vehicles disputes tribunal

The parties, the court, the judge, the dates of hearing and when judgment was made, the fact the decision was reserved and I can find the case in vol 3 of NZ Law Report page 177

used in a law report to indicate that the court's judgment was reserved (giving its decision at a later date in writing, after the trial or hearing)

Admission by the High Court / high court