LAW 131 – Key Vocabulary from Lectures 1–8

100 vocabulary flashcards summarising key legal terms, cases, doctrines, and concepts from LAW 131 Lectures 1–8, designed to aid exam revision.

Statute Interpretation

The judicial process of determining the meaning and application of words in legislation when Parliament has addressed an issue.

Tikanga

Māori customary law and practice, recognised as part of New Zealand law.

Mana

Spiritual authority and prestige that can continue after a person’s death, emphasised in Ellis v R.

Common Law

Judge-made law developed from court decisions and precedent, historically centralised under Henry II.

Equity

A body of principles created to mitigate the rigidity of common law, based on conscience and fairness (e.g., trusts).

International Law

Rules derived from treaties and conventions that influence NZ law when incorporated by statute.

Case Law

Law created by past judicial decisions; like cases should be decided alike.

Stare Decisis

Doctrine meaning “the decision stands,” requiring lower courts to follow binding precedent from higher courts.

Supreme Court (NZ)

New Zealand’s highest appellate court, established 2004, whose decisions bind all lower courts.

Court of Appeal (NZ)

Intermediate appellate court that binds High Court and District Court, but can overrule its own precedents in special cases.

High Court (NZ)

Superior court of general jurisdiction beneath the Court of Appeal, hearing significant civil and criminal matters.

District Court (NZ)

New Zealand’s main trial court for most civil claims and criminal charges, lowest in the hierarchy.

Ratio Decidendi

The legal principle or rule vital to a court’s decision and binding in future cases.

Obiter Dictum

Judicial comments made in passing that are persuasive but not binding precedent.

Self-Defence

A legal justification for using force if the defendant honestly believes it is necessary to repel imminent harm.

R v Lavallee (1990)

Canadian case where a battered woman who killed her abuser was acquitted on self-defence grounds.

Battered Wife Syndrome

Psychological condition recognised in self-defence cases to explain an abused person’s perception of imminent danger.

R v Oakes (1995)

NZ Court of Appeal case where prolonged domestic abuse led the victim to kill; examined self-defence parameters.

Criminal Law

Law governing offences against the state, prosecuted by the Crown, with proof required beyond reasonable doubt.

Burden of Proof (Criminal)

The prosecution must establish guilt beyond reasonable doubt to secure a conviction.

Civil Law

Law governing disputes between private parties, decided on the balance of probabilities.

Burden of Proof (Civil)

The plaintiff must show their claim is more likely than not to succeed.

Tort

A civil wrong, such as negligence or battery, for which the court may award damages.

Adversarial System

Legal system where opposing parties present cases to an impartial judge or jury.

Plaintiff

Party who initiates a civil lawsuit seeking relief from the court.

Defendant

Individual, company or entity against whom a civil or criminal action is brought.

Civil Battery

Intentional, unwanted, and unprivileged physical contact with another person.

Cole v Turner

Early English case defining battery as “the least touching in anger.”

Civil Assault

Intentional act creating reasonable apprehension of imminent harmful or offensive contact.

I de S et ux. v W de S

Medieval case establishing that striking at someone and missing can constitute assault.

Turbville v Savage

Old case holding that conditional threats without intent to act immediately are not assault.

Criminal Assault

Offence under s 2 Crimes Act 1961 involving application, attempt, or threat of force with intent.

Elements of Criminal Assault

(1) Application, attempt, or threat of force plus (2) intent to apply force.

Fagan’s Case

Established that assault can be a continuing act, e.g., leaving a car on an officer’s foot.

Wilkinson v Downton

Tort case recognising liability for intentional infliction of psychiatric harm.

Exemplary Damages

Punitive civil damages awarded for outrageous, intentional wrongdoing despite ACC bar on personal-injury suits.

Accident Compensation Act 2001

NZ legislation providing no-fault compensation for personal injury, generally barring tort claims for such harm.

Necessity (Defence)

Claim that unlawful conduct was required to prevent greater harm, central in Dudley & Stephens.

R v Dudley & Stephens

1884 English case ruling that killing an innocent person to survive is murder, not excused by necessity.

Queen’s Prerogative of Mercy

Crown power to commute sentences or pardon offenders, used to reduce Dudley & Stephens’ death sentences.

Special Verdict

Jury finding that states facts but leaves the legal conclusion to the judge.

Simpson & Yates (Touching the Void)

Mountaineering incident where cutting a rope to survive raised questions of necessity and justification.

Conjoined Twins Case

English Court of Appeal decision on separating Jodie and Mary, balancing self-defence and necessity principles.

Hall & Faichney

Australian coroner case where cutting a rope under extreme peril was deemed excusable, no charges laid.

Distinguishing a Case

Arguing that material facts differ so that a precedent should not apply to the present case.

Not Following a Case

Judicial choice to decline application of a non-binding precedent, adopting new reasoning instead.

Murder

Unlawful killing with intent to kill or cause grievous bodily harm.

Manslaughter

Unlawful killing without intent to kill, often due to negligence or provocation.

Gross Negligence

Serious breach of duty showing reckless disregard for others’ safety, sufficient for manslaughter liability.

Pleadings

Formal written statements of a claimant’s allegations and a defendant’s defences.

Absolute Liability

Liability imposed without the need to prove fault or intent, e.g., some strict liability offences.

Rylands v Fletcher

Leading case establishing strict liability for escape of dangerous things from non-natural land use.

Strict Liability

Legal responsibility imposed without proof of negligence, based on inherently risky activity.

Read v Lyons

Case clarifying that liability under Rylands requires escape from the defendant’s land to another’s.

Non-Natural Use

A special, atypical, or hazardous use of land increasing danger to neighbours, triggering strict liability.

Escape (Rylands)

Movement of a dangerous substance from defendant’s control to land beyond their boundary.

Act of a Stranger

Defence where damage is caused by a third person’s unforeseeable, wrongful act outside defendant’s control.

Act of God

Defence for loss caused by extraordinary natural events that couldn’t reasonably be anticipated or prevented.

Rickards v Lothian

Case recognising the stranger defence and defining ordinary water supply as a natural use.

Hale v Jennings Bros

Held a fairground chair-o-plane that broke loose was a non-natural use, invoking Rylands liability.

Hoare v McAlpine

NZ case extending Rylands to vibrations causing neighbouring property damage.

Attorney-General v Corke

English case controversially treating itinerant travellers as “things” likely to do mischief under Rylands.

Matheson v Northcote College

Held that schoolchildren entering adjacent land were not brought onto land for Rylands purposes; nuisance applied instead.

Giles v Walker

No liability when thistles naturally spread; nothing was brought onto the land.

Irvine v Dunedin City Council

NZ case holding a burst public water main liable under Rylands; council’s use deemed non-natural.

Mason v Levy Auto Parts

Storage of flammable auto parts in a residential area deemed non-natural, attracting strict liability.

British Celanese Ltd v AH Hunt

Metal foil blown from industrial premises held a natural use in industrial context; no Rylands liability.

Nichols v Marshland

Ponds overflowing after unprecedented rainfall excused as act of God, defeating Rylands claim.

Eriksen v Clifton

Caretaker’s unauthorised fire was stranger’s act; owner not liable under Rylands.

Holderness v Goslin

Delegation of control meant son’s fire was not a stranger act; owner liable.

Howard v Furness etc.

Steam explosion aboard ship stayed within owner’s control; no escape under Rylands.

Narrow Ratio

Rule derived from a case limited to very specific facts.

Wide Ratio

Broader legal principle from a case applicable to multiple factual scenarios.

Writ

Historic formal document initiating legal proceedings and defining a cause of action.

Precedent

An earlier judicial decision that guides or binds courts in subsequent similar cases.

Lord Denning

Influential English judge known for prioritising fairness and public interest over strict legalism.

Miller v Jackson

Case on cricket-ball nuisance illustrating Denning’s pragmatic approach versus strict application of law.

Sturges v Bridgman

Nuisance case establishing that locality matters; what is acceptable in one area may be a nuisance in another.

Bolton v Stone

Cricket injury case showing that very infrequent risks may not constitute negligence or nuisance.

Res integra

Latin term meaning a fresh or untouched matter, lacking precedent.

Ward v Bradford Corporation

Denning-era case on retrospective rule changes and procedural fairness for a trainee teacher.

Retrospective Rule-Making

Creating or applying rules to past conduct, often criticised as unfair.

Procedural Fairness

Requirement that legal processes be impartial, unbiased, and follow proper procedure.

New Zealand Court of Appeal (NZCA)

Court that can overrule its own prior decisions when justified by social or legal change.

Re Ninety-Mile Beach

1963 CA case barring Māori customary claims to foreshore; later overruled.

Attorney-General v Ngāti Apa

2003 CA case reversing Re Ninety-Mile Beach, recognising potential Māori customary title.

Barristerial Immunity

Old common-law protection shielding barristers from negligence suits over in-court work.

Rees v Sinclair

1974 NZ case upholding barristerial immunity from negligence claims.

Lai v Chamberlains

2005 NZCA case abolishing barristerial immunity, allowing clients to sue for negligence.

Privy Council

Former final appellate court for NZ; its NZ-origin decisions remain binding on lower NZ courts.

R v Chilton

Case setting criteria for NZCA to depart from its own precedent and clarifying PC binding status.

Couch v Attorney-General

Supreme Court case holding PC decisions are persuasive but not binding on the NZ Supreme Court.

Supreme Court Act 2003

Legislation establishing the NZ Supreme Court and ending routine appeals to the Privy Council.

Tikanga in NZ Law

Recognition that Māori customary norms can form part of the common law, affirmed in recent cases.

Ellis v R

Supreme Court case acknowledging Tikanga considerations in criminal appeals after the appellant’s death.

Ngawaka v Ngati Rehua-Ngatiwai Ki Aotea Trust Board

2021 NZHC decision stating tikanga was the first law of Aotearoa and is recognised by statute and common law.

Precedent Overruling Criteria

Factors like social change, injustice, or clear error allowing higher courts to reverse prior rulings.

Analogy (Legal Reasoning)

Arguing that similar facts between cases justify applying the same legal outcome.

Distinguishing (Legal Reasoning)

Showing factual differences to avoid application of a precedent to the current case.

Logical Step-by-Step Application

Method of breaking a legal principle into elements and applying each to the facts.