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Legal Method A - Coggle Diagram

- - - - Heydon’s Case (1584) 3 Co Rep 7a, 76 ER 637
    - - Becke v Smith (1836) 2 M. & W. 193, 150 ER 724
  - - - https://www.legislation.govt.nz/act/public/2019/0058/latest/DLM7298133.html
      - Commerce Commission v Fonterra Cooperative Group Ltd [2007] NZSC 36, [2007] 3 NZLR 767
        Interpretation: Interpretation Act 1999, s 5(1)
  - - - THE CANONS OF CONSTRUCTION
        
        14.2.1 Noscitur a sociis – “it is known by its associates/
        allies/the company it keeps”
        
        14.2.2 Eiusdem generis – “of the same kind/genus”
        
        14.2.3 Expressio unius (est exclusio alterius) – “the expression/mention of one [term] is/means the exclusion of the other [term]”
        
        14.2.4 Reddendo singula singulis – “by referring/giving back individual [terms] to individual [terms]”
        
        14.2.5 Generalia specialibus (non derogant) – “general [provisions] do not derogate/take away from specific [provisions]”
        
        THE PRESUMPTIONS OF LAW
        
        14.3.1 Presumption that legislation does not have extraterritorial effect
        
        14.3.2 Presumption against infringement of international law
        
        14.3.3 Presumption that the Crown is not bound
        
        14.3.4 Presumption against alteration of the common law
        
        14.3.5 Presumption against implied repeal of an earlier inconsistent statute
        
        14.3.6 Presumption against retrospective/retroactive effect
        
        14.3.7 Presumption against imposing criminal liability without mens rea (“guilty mind”)
        
        14.3.8 Presumption against deprivation of property (without reasonable compensation)
        
        14.3.9 Presumption against exclusion of the courts’ jurisdiction
        
        14.3.10 Presumption against interference with personal liberty
        
        14.3.11 Presumption that litigants should not benefit from their own wrongdoing
- - - - https://www.courtsofnz.govt.nz/about-the-judiciary/structure-of-the-court-system
  - - - How to find Ratio Decidendi
- - - - Parliament passes a bill, it becomes an act of Parliament or statute. and in a moment we are going to talk about how the Acts of Parliament become law. So Parliament is a supreme law making body, and this is under what's called the doctrine of parliamentary sovereignty.
        But the majority of the legislations are not made by Parliament, because Parliament does not have all the time to make all the laws that we need. So what they do. They delegate their power to individuals in bodies. and these are called delegated legislation, and I will cover delegated legislation more detail. In legal 106,
        
        but essentially it acts is a supplementary to the Acts, which have been passed by Parliament. So there's supplementary to the Parent Act, which has been passed by a Parliament.
        and the delegated legislations are drafted by people or bodies which are special, who are specialized and have more knowledge about a particular subject area, so they are more knowledgeable about a topic, then politicians, and that's why it makes sense for them to delegate that power. So the best people can draft the law.
    - - statutes are worded very broadly in very general terms, and the reason for that is that so that the law can capture a whole lot of conceivable scenarios. If it becomes specific, then people may get away with something that may should be unlawful. So it's very broadly worded, so that it can capture a whole lot of scenarios
    - - Covered under LEGAL106, BUTthere some information about it in chapter 2 of your textbook as well.
    - - International treaties and conventions are legal source of law as well. New Zealand. Being a sovereign state, it's part of the international community of states.
        and being a part of it, it makes or binds by the rules that the international community make, and it conducts itself in line with it.
        you would know that that's not true for all the sites but most States try to be compliant.
        
        So once New Zealand re-gratifies an international convention, and when you, when I say in you and ready for it.
        It's the executive branch of government that verifies the International Convention. It's not Parliament. It's not a judiciary. It's the executive branch of governments. That's your Cabinet Ministers.
        So it could be a Foreign Minister or any other Minister or the Prime Minister.
        They might go in sign up to a convention. and they come home, and then they, we try to bridge State within our domestic laws, so that we can comply with our international obligations by ensuring that our citizens follow the law.
  - - - The executive push the government policies, is Government bills through the parliamentary process, so that they have policies can become law.
    - - is the legal principle which guides the legal for the exercise of legal authority in the delivery of justice by judges, for example, by ensuring that there is no discrimination, there is no judicial bias when they are pronouncing judgments against particular individuals and bodies.
    - - constitutional conventions, and these are legally accepted ways of doing things which are found in various statutes and documents, such as the Treaty of Waitangi.
    - - a significant place within our legal framework, and though we haven't incorporated the treaty of into a particular statute. we apply the principles that underpin the relationship between the Crown and the Maori.
  - - - A modern statue to look at the Family Violence Act in that he's got guidelines for before each part, and that's something that's fairly new. We generally don't have a guidance to particular parts of the act. But the family violence it does, and it's a really nice legislation