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Flashcards created based on key concepts from the lecture notes for review in preparation for the exam.
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The three branches of government are __________, __________, and __________.
Executive, Legislative, Judiciary
The executive branch __________ and __________ the law.
Administers and enforces
The legislative branch is responsible for __________.
Making laws
The judicial branch is responsible for __________ and __________ parliamentary law.
Interpreting and applying
The two branches that can make laws are the __________ and __________.
Judiciary and Legislature
The legislature is also known as __________.
Parliament
The judiciary is also referred to as __________.
The courts
The executive is another name for __________.
The government
The most separate branch of government is __________.
The Judiciary
The courts within the judicial branch include the __________, __________, __________, and __________.
Supreme court, court of appeal, high court, district court
The leader of the government is the __________.
Prime minister
Positivist law is law made by __________.
Institutions
The interpretivist tradition sees law as __________ for behavior accepted as binding by the community.
Standards
Tikanga as law refers to values, principles, and norms in te ao Māori to determine __________ actions.
Correct
The separation of powers is a series of __________ and __________ within the legal system.
Checks and balances
Judicial independence means the courts are committed to not be __________ by other parts of the legal system.
Influenced
Judicial hierarchy allows judges to be __________ and more __________.
Efficient, effective
Parliamentary sovereignty represents the __________ form of law in our system.
Highest
No other form of law can __________ or __________ parliamentary sovereignty.
Displace, overrule
An act is a piece of _______________ that parliament has passed into law.
Legislation
The declaration of inconsistency relates to the Bill of Rights Act and has __________ on the problematic act until parliament changes it.
No impact
The legislature provides a forum for scrutiny of the government and holding it __________.
Accountable
The sovereign's power is limited as they are the __________ head of state and true power lies in __________.
Ceremonial, parliament
The judiciary may not decide cases if there are __________ ramifications or if there is a __________ to the case.
Political, relationship
Roman law evolved from the people and developed into a __________ code.
Written
In 1066, __________ the Conqueror reigned.
William
Henry II reigned from __________ to __________.
1154, 1189
Henry II implemented the __________ system.
Writ
Equity evolved to address law's __________ of __________.
Lack, flexibility
Equity is applied by deciding cases according to __________ rather than __________ rules.
Justice, inflexible
Civil law relies heavily on __________ codes.
Written
Common law relies more on __________-based decision making in courts.
Precedent
The Magna Carta was signed in __________.
1215
The Magna Carta introduced that the king must rule in consultation with __________.
Others
The Bill of Rights was enacted in __________/____________.
1688, 1689
The Bill of Rights grants free speech to members of __________ while in parliament.
Parliament
The Treaty of Waitangi was signed on __________.
February 6th, 1840
NZ proclaimed sovereignty on __________ by Governor __________.
21 May 1840, Hobson
NZ became self-governing in __________.
1947
A Westminster Democracy features a chain of __________ with everyone reporting to the next person.
Accountability
A bill becomes law when it is signed by the __________ or __________.
Sovereign, governor general
Our parliament is __________, meaning it has only one chamber.
Unicameral
The four roles of the courts include maintaining social order and resolving civil disputes between __________.
Individuals
Judicial activism refers to judges overtly making __________ decisions.
Political
The doctrine of precedent states that 'like cases ought to be treated __________.'
Alike
Judicial independence is maintained as judges are appointed through an __________, apolitical process.
Independent
The judicial hierarchy is important for its system of __________ and checks and balances.
Appeals
The ability to appeal is important as it allows higher courts to __________ lower court decisions.
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