LEGAL TEST (TRIMESTER ONE 2010)

QUESTION ONE: MULTICHPOICE [5 MARKS]

1. When we say about a particular country that it is a common law country not a civil law country we mean: a) the law is rather ordinary and could do with improvement by the Law Commission b) the law is codified because it is written in legislation c) much of the law comes from decisions of the courts d) none of the above 2. In our court system the highest court a case can get to is: a) the High Court of Australia because of the closer economic relationship (CER) between New Zealand and Australia b) the Privy Council, if the appeal is from a decision issued before the advent of the new Supreme Court c) the new Supreme Court d) the House of Lords in the United Kingdom 3. In New Zealand the Queens Representative, the Governer-General, does not make suggestions to the Prime Minister about how legislation presented for Royal Assent might be improved because: a) only the Queen herself can do this and she would not approve if a GovernerGeneral tried to do it for her b) we have a tradition, sometimes called a convention, that the sovereign acts on advice rather than decides things personally c) they are not a lawyer and do not know enough about law to change it d) there just isnt time to do this in a busy life 4. In the law of crimes the phrase burden of proof refers to: a) the task of the defendant to establish their innocence b) how well the prosecutor must establish the case against the defendant c) the task of the defendant to establish their innocence and how well they must do this d) who of the prosecutor and defendant have to establish their case 5. The difference between an engagement ring and a friendship ring is: a) a friendship ring is a gift while an engagement ring may be a gift conditional on you actually getting married b) the engagement ring is an irrecoverable disposition of property c) a friendship ring may be a gift conditional on you actually remaining friends while an engagement ring is a gift d) there is no difference, both are always gifts

QUESTION TWO:

[5 MARKS]

In a small island nation the elected government was overthrown by the army. The army then placed military staff with members of the media to prevent anything being published that was unfavourable to the army. There is nothing in the existing law of that nation to allow this sort of cencorship. Explain how what has happened violates the Rule of Law.

QUESTION THREE:

[5 MARKS]

Lawyers sometimes call the type of legal system New Zealand gained as a part of the British Empire a common law system where the sources of law include not just laws made by Parliament, but also the accumulation of all the decisions of the courts. Sometimes it may appear that judges make new laws as they decide cases. 1. Explain a situation when you think a judge should act as a maker of the law. [2 marks]

2. Explain a situation when you think a judge should act to interpret or clarify the law. [2 marks] QUESTION FOUR: [5 MARKS]

In the Christchurch Casino case an underage gambler argued with the casino when he won a prize which they would not pay to him. The gambler lost in both the High Court and the Court of Appeal. Surprisingly, the New Supreme has agreed it will hear an appeal Imagine you are the lawyer for the underage gambler. Write five (5) points you would argue to the Supreme Court why the Court should order the casino pays the prize to the underage gambler.

QUESTION FIVE:

[5 MARKS]

At a public meeting you hear a speaker argue that the health of young New Zealanders would be better if they were prevented from drinking too much. The speaker suggests that the laws surrounding the sale of alcohol should be changed so people between the age of 18 and 25 can only purchase liquor with an alcohol content of less than 8% such as beer and wine. After the meeting you hear people saying the following statements. Knowing what you know about the law, and how the law is made How would you respond to these comments?

ANSWER: Comment: Changing the Law hasnt changed the way people behave or act. (2 marks) Making something illegal when you know people will still do it makes the law a joke! (1 marks) Making a new law may have consequences you havent thought about. (1 marks) Your Response: