Commercial Law Assignment 1

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Legal System
Question1
A)
2 acts :
Human Rights Act 1993
Bill Of Rights Act 1990
I have chosen these 2 Acts as they support Mulholland’s view to the right to freedom of thought, conscience, religion and belief.

B)

(i) Ethics involves rules that define right and wrong conduct especially in business. (ii) Law is a set of rules administered and enforced by the state. (iii) Morality involves rules that define acceptable behaviour for members for a society.

C)

(i) Civil Law is only concerned with the wrong doing between individuals/parties. Ex,To recover a debt.
Criminal Law is only concerned with individuals/parties committing a crime as this is a breach of statute. This distinction is made because criminal and civil law have their own characteristics. Depending on the matter concerned.

(ii) Public law and Private law differs from the above because Public law is overall concerned with the matters that affect the state as a community were as Private law is overall concerned with the matters that affect the rights and duties of individuals/parties between themselves.

D)

(i) Until the arrival of MMP, the Executive branch managed to get all its policies into law while the legislative branch still involves itself in decisions made by the judicial branch. Basically it has shifted power from the Executive branch to the Legislative branch. (ii) The legislature branch’s main function is to make laws. The Judiciary most important function is to interpret these laws and to apply these to the facts of each case.

E)

Yes I do, The laws made by New Zealand’s constitution are supreme law which means New Zealand’s law’s cannot be challenged in the NZ courts. USA’s legislative is limited by the constitution in the laws it can or cannot make. The USA Supreme Court can declare law’s unconstitutional and...
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