The three branches
Which branch of government ensures judicial independence?
Judiciary
How many years do you need to be a lawyer before you can be invited to become a judge?
7
Who is New Zealand's supreme law making body?
Parliament
What year was the Treaty of Waitangi | Te Tiriti signed?
1840
Where in a statute would you usually find the definitions of key terms?
Interpretation section
What are the four key courts in the court hierarchy?
District, High, COA, Supreme Court
What is a difference between a barrister and solicitor in NZ's legal profession?
Barristers specialise in advocacy
Solicitors handle client advice/office work
When you are admitted in NZ you are admitted as a Barrister and Solicitor. You can voluntarily restrict your practising certificate later.
What are the three key sources of law in New Zealand
Legislation, Common Law, Tikanga
What did the English Laws Act 1858 do?
Clarifies all English Laws are applicable in NZ, including prior to the Treaty.
What is the first thing you should establish when answering a statutory interpretation problem question?
Is the Act in force
Which Act outlines the structure of NZ's government?
Constitution Act 1986
Who has the power to remove a High Court judge?
Parliament, by address to the Sovereign
Define Tikanga Māori
Māori customary ways of life, systems etc.
How is the doctrine of native title, as discussed in the Foreshore and Seabed Controversy, relevant to NZ's legal history?
The doctrine of native title gives effect to customary ownership of lands
Name two "approaches" you can use when undergoing statutory interpretation
Literal approach, golden approach, purposive approach
Under the Constitution Act, how long is a Parliamentary term?
3 years
What is the term for a lawyer of high distinction, also known as "taking silk"
Kings Counsel
What is the opposite of the common law system? Can you think of a country which has a different system to NZ?
Civil Law.
Pretty much all European countries
What was the legislative council and when was this abolished?
An additional chamber in NZ Parliament, prior to the Legislative Council Abolition Act 1950
Come up with an example of expressio unis
E.g. people under 12 admitted free. The expression in this phrase leads to the exclusion of those over 12.