LES501: Introduction to the Legal System assignment sample NZ
The law is a complicated system of rules and principles which have been created to protect society. It includes everything from how we interact with the people around us, through what types of foods can be sold at grocery stores in your hometown- even down to protecting inventions like patents. This understanding will enable you not only to apply those laws on an everyday basis but also to make predictions about whether something would be considered legal under certain circumstances.
The Legal System is a complicated web of laws, courts, and judges. It is necessary for any law-abiding citizen to have an understanding of the legal system in order to maintain their rights. This sample will provide you with an overview of the primary elements that make up our nation’s judicial branch so you can be well-informed on your rights when dealing with any court case or legal issue.
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Assignment Activity 1: Discuss key features of the New Zealand legal system
The key features of the New Zealand legal system are the following:
- Real property law in NZ is based on common law. Gordon Wilson explains that this has come to mean that, generally speaking, there are no pages in a statute book setting out rules about how people ought to deal with real estate.
- What you don’t see at work very often is equity although what equity does exist in New Zealand’s legal system mainly deals with the restraint of trade and bankruptcy laws. As Robin Chambers points out The term “equity” traditionally refers to the English courts’ inherent powers to enable them to do justice between litigious parties without being bound by rigid rules or procedures.
- The court system in NZ is based on the English court system, which has three main levels: the Magistrates’ Court, the High Court, and the Court of Appeal.
- The NZ legal system also has a range of specialist courts that deal with specific types of cases, such as the Family Court and the Employment Court.
- Some key features of the NZ legal system that are different from the English legal system include:
- The use of juries in some civil and criminal trials
- The abolition of capital punishment
- The recognition of Maori customary law in certain circumstances.
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Assignment Activity 2: Apply the basic principles of tort law including the tort of negligence
The tort of negligence is a subset of the law on torts, which includes invasions on personal safety and property. In plain terms, it is what happens when someone doesn’t exercise “reasonable care,” also called due care or caution. In that situation, if another person suffers injury or damages to their property because of the defendant’s lack of reasonable care, the defendant will have committed a tort.
It is important to understand the difference between a tort and a criminal offense as this will help you place liability in both civil and criminal cases. Under NZ Law, torts are generally private matters because only the people involved in the case need to be concerned about them. If someone has broken a law that impacts others (a crime), then those other people have a right to be involved in deciding whether or not the defendant is guilty.
A torts lawyer needs to know what constitutes negligence so they can determine if their client has a case against another party. In order to win a negligence case, the plaintiff (the person bringing the case) needs to show that:
- The defendant owed them a duty of care
- The defendant breached that duty of care
- The breach caused the plaintiff’s injuries or damages
- The plaintiff suffered losses as a result.
In some cases, it is more difficult to prove negligence than in others. For example, if the defendant is a professional such as a doctor or lawyer, they are held to a higher standard of care than someone who is not. If the plaintiff was aware of the risks involved but decided to take those risks anyhow, that may also be used as a defense by the defendant.
Assignment Activity 3: Apply the basic principles of the law of contract
The law of contract is a body of law that governs the formation, performance, and termination of contracts. In order to make a valid contract, both parties must agree to the same terms, and those terms must be legal and reasonable. The law of contract also covers situations where one party breaches the contract, which can lead to a range of legal remedies depending on the situation.
In order to make a contract, both parties must agree to the same terms, and those terms must be legal and reasonable.
The law of contract also covers situations where one party breaches the contract, which can lead to a range of legal remedies depending on the situation.
One important thing to remember about contracts is the difference between express and implied contracts. An express contract is created when there is an agreement about what each party will provide, so they are usually in writing, but not always. Implied contracts are those where one party does something for another without there being any actual agreement, but their behavior suggests that they have agreed to something.
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Assignment Activity 4: Apply the basic principles of consumer law
Consumer law is a broad and complex topic, and there is no other area of the law where the practitioner has to deal with such a wide range of legislation. This particular branch of law deals with transactions between individual consumers and businesses providing services or goods to those consumers. It covers everything from faulty products to employment disputes, as well as how various state and federal laws interact with each other.
One important thing to remember about consumer law is that it is constantly evolving. Courts and legislatures are constantly considering new ways to protect consumers, and as a result, the law in this area can be quite complex. Another key factor is that consumer law is often state-based, which means that the rules and regulations can vary from one state to another.
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Assignment Activity 5: Apply basic legal principles to common commercial.
With so many different types of businesses, it is difficult to generalize about commercial law. However, there are some aspects common to most businesses that apply across the board. These include how contracts affect business relations, what the roles and responsibilities of the company’s owners are, and what happens when something goes wrong with an order or purchase.
Many of the most common issues arise from contracts. For example, a standard contract that a company signs with a supplier will include a number of terms and conditions that both parties agree to abide by. If one of those terms is breached, it could result in legal action. Contracts are also important when it comes to disputes between businesses. In some cases, the parties will be able to resolve the matter through negotiation, but in other cases, they may have to go to court.
The roles and responsibilities of a company’s owners are other common areas of commercial law. For example, if something goes wrong with an order or purchase, the company’s owners may be held liable for that mistake. In some cases, they may also be held responsible for the actions of their employees. Finally, commercial law also deals with a variety of other issues, such as bankruptcy, trademark infringement, and libel.
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