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An historical introduction to, and a descriptive outline of, the legal systems in England and New Zealand, including the structure of government, civil and criminal proceedings, the sources of law, and the main divisions of substantive law. Legal reasoning and the judicial process including an introduction to statutory interpretation. An elementary treatment of legal concepts.
This course involves both scholarship and skills. In terms of scholarship it provides an historical introduction to, and a descriptive outline of, the New Zealand legal system including its origins in the legal system of England and Wales, the role of the Treaty of Waitangi, the structure of government, the structure of the courts, civil and criminal proceedings, the sources of law, legal reasoning and legal services. In terms of skills, it involves instruction and practical exercises in legal method, that is to say, case analysis, statutory interpretation and reasoning by analogyThe objectives of the course are:• to introduce you to the framework of the law, the techniques of legal reasoning and the analysis of legal materials;• to provide you with practice in case analysis, statutory interpretation and reasoning by analogy and feedback on your progress through the tutorial programme;• to familiarise you with New Zealand's contemporary legal institutions;• to interest you in current issues of importance to the New Zealand Legal System;• to introduce you to the historical development of New Zealand's legal institutions and constitution;• to introduce you to the legal issues relating to Maori rights and the Treaty of Waitangi.
1. An understanding of: (a) The history of New Zealand’s legal system; (b) New Zealand’s constitutional doctrines; (c) The legal significance of the Treaty of Waitangi; (d) The structure of New Zealand’s courts; (e) Legal services; (f) Legal reasoning.2. An ability to undertake: (a) Case analysis; (b) Statutory interpretation; (c) Reasoning by analogy.
Richard Scragg
Cynthia Hawes , Chris Gallavin , John Hopkins , Duncan Webb , Neil Boister , David Round and Richard Dawson
Please refer to the assessment details below.Each student's final mark is arrived at by a combination of marks for in-term assessment(s) and the final examination.In-Term Assessments:It is necessary to complete at least ONE of these four assessments. The best (or only) assessment will contribute up to 10% of the final mark for the course.There are TWO Tests and TWO Essays throughout the year. Although three of these assessments are optional, students are strongly recommended to do them. Each of these other Tests and Essays will also contribute up to a further 10% of the total course assessment IF the effect will be to IMPROVE a student's final mark, for example:a student completes all four pieces of in-term assessment and sits both final examinations. Over the course of the year the student is awarded the following grades for the in-term assessments: C+, B, B and A. For the two final examinations the student is awarded a combined grade of a B-. The marks for the "A" grade automatically contribute up to 10% of the student's final result. The two "B" results will count towards the final grade because they are higher than the examination grade. The "C+" does not count because it is lower than the examination grade. In the case of this student the final examinations count for 70% of the final result and the in-term assessment counts for 30%. This is the ratchet effect.In-term assessment may, therefore, contribute up to 40% of a student's final mark.Final Examinations:The final examinations will count for a maximum of 90% and a minimum of 60% of the final mark.At the end of the year students will be examined in TWO papers, each paper of three hours' duration. All students are required to sit BOTH final examinations.The examinations will test students' skills of case analysis and their understanding of the other matters covered in the course. Examination papers from previous years are held in the Library.TUTORIALSAttendance at, and active participation in, the tutorial programme is essential to success in this subject.After Round One, each tutorial is based on written exercises which must be completed and handed in for marking. The tutorial exercises provide a vital learning experience where the skills of legal method - case analysis, statutory interpretation and legal reasoning - are developed and practiced.Final Examination Paper One examines students' mastery of these skills. The skill of case analysis is the subject of the First Test and one of the subjects of the Second Test.
McDowell, Morag. , Webb, Duncan; The New Zealand legal system : structures and processes ; 4th ed; LexisNexis, 2006.
Scragg, Richard J; New Zealand's legal system : the principles of legal method ; Oxford University Press, 2005.
Burrows, J. F; Statute law in New Zealand ; 3rd ed; LexisNexis, 2003.
Greville, Margaret. et al; Legal research and writing in New Zealand ; 3rd ed; LexisNexis, 2007.
Joseph, Philip A; Constitutional & administrative law in New Zealand ; 3rd ed; Thomson/Brookers, 2007.
Krever, Richard E. , Barkehall Thomas, Susan; Mastering law studies and law exam techniques ; 6th ed; LexisNexis Butterworths, 2006.
Miller, Raymond; New Zealand government and politics ; 4th ed; Oxford University Press, 2006.
Mulgan, R. G. , Aimer, Peter; Politics in New Zealand ; 3rd ed. ; Auckland University Press, 2004.
Orange, Claudia; An illustrated history of the Treaty of Waitangi ; Bridget Williams Books, 2004.
Palmer, G. W. R. , Palmer, Matthew; Bridled power : New Zealand's constitution and government ; 4th ed; Oxford University Press, 2004.
Spiller, Peter. , Finn, Jeremy., Boast, Richard; A New Zealand legal history ; 2nd ed; Brookers, 2001.
Spiller, Peter. , Hinde, M. S., Hinde, G. W; Butterworths New Zealand law dictionary ; 6th ed; LexisNexis NZ, 2005.
Williams, Glanville Llewelyn , Smith, A. T. H; Glanville Williams : learning the law ; 13th ed. ; Sweet & Maxwell, 2006.
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Successful completion of this course makes students eligible for consideration for selection for Laws 200 courses.
Domestic fee $1,290.00
International fee $5,880.00
* All fees are inclusive of NZ GST or any equivalent overseas tax, and do not include any programme level discount or additional course-related expenses.
For further information see Faculty of Law .