FCOM111 Legal Test

Law is based on the micro, individual cases and certain acts. The legal system looks at the bigger picture/macro

The legislative (Parliament) and the judicial sector (courts)

In a perfect world the law system would reflect our morals. Because we have different opinions therefore the law might not uphold all of our morals.

Law should produce the most just outcome. In a democratic society laws are more often just than not.

It has to be fair for the public and certain for companies to read. Too fair leads to uncertainty and too certain leads to loss of fairness. Criminal law tends to be certain while employment laws tend to be fair.

The purpose of law is to give freedom through privacy and protection, yet regulation controls our freedom.

Written law that defines rights and duties on a particular issue eg marriage and adoption

Makes sure that the process of an application was correctly followed.

The law governing the relationship between the state and its people. It is created in the interest of the people eg Bill of rights

The part of the legal system which involves relationship between individuals. It is the law binding contract between two parties.

Is developed by judges through past decisions is court rather than parliament. Courts are binded to resolve disputes in a similar manner as past cases.

Set of legal principles which allow judges to apply leeway when the law operates too harshly. It allows judges to apply discretion in accordance with natural law.

Good faithDuty to consultSpirit of partnershipThe right of Maori for redress of past breachesThe right of self regulationPrinciple of active protection

The strict duty of care with the principles

Nothing in this act shall permit the crown to act in such a manner that is inconsistent with the principles of the treaty of Waitangi.