Advice for LAWS 101 A Legislation Exam 2019 PDF

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Advice for LAWS 101A Exam 2019 Section B: Legislation The LAWS101A exam is worth a total of 100 points. ‘Section A: Origins of Government’ is worth 50 points. ‘Section B: Legislation’ is worth 50 points.

IMPORTANT: In the notes below I give you guidance about which parts of the course materials and your lecture notes to focus on in particular to help you answer each question. This guidance does not excuse you from reviewing ALL of your course materials and lecture notes in Legislation and making sure that you understand the main concepts. In relation to ‘Section B: Legislation’, the exam will follow a similar format (but not the same content) of the 2018 LAWS101A exam. Accordingly: You MUST answer question 5 •

This question is worth 30 marks.

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You should aim on allocating 50 minutes to answer this problem.

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It will be a problem question, similar to those you did in tutorials and the test. However, there will only be one core offence (not three or four separate offences as you have practiced previously). Remember to: closely read the offence section and understand ‘how it works’; identify all the elements of the offence; identify the arguments the prosecution and defence will make to the Court about how the relevant statutory wording should be interpreted (in order to argue that the facts do or do not fall foul of the offence section) and use your ‘tools’ of statutory interpretation to do so (literal, purposive, wider statutory context, golden approach, ejusdem generis etc.)

You MUST answer question 6 •

This question in worth 10 points in total.

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You should aim on allocating 15 minutes to answer this question.

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There will be 4 parts to this question. You must answer all parts of the question.

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Parts 6 (a)(i), (ii) and (iii) will require you to give 3 short answers in relation to the Interpretation Act 1999, word tools (Lecture 10), and statutory language (Lecture 7).

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Part 6 (b) will require you to write a short essay. To prepare effectively you should carefully revise your course materials and lecture notes, addressing ‘Lecture 8: The Court as Interpreter – the Reluctant Doctor’ and the case of Lucena v National Mutual Life Association of Australsia (Ltd), in particular.

You MUST answer EITHER question 7 OR question 8 •

Each question is worth 10 points.

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You should aim on allocating 25 minutes to answer the question you choose.

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Each question will require you to write an essay for your answer.

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You must read the question carefully and directly answer that question. Do not preprepare a generic answer and just regurgitate that generic answer in the exam.

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To answer either question effectively you will need to explain what the law is and also critique that law in order to support your opinion. Remember – I want to know what you think!

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Question 7 will focus on how judges use ‘rights’ to help interpret legislation. To prepare effectively you should carefully revise your course materials and lecture notes, addressing ‘Lecture 13: The New Zealand Bill of Rights Act (NZBOR) 1990’, ‘Lecture 14: NZBOR Act in practice – Marry go Round’, sections 4, 5 and 6 of the New Zealand Bill of Rights Act 1990, Television New Zealand v Solicitor General, Quilter v AG, R v Hansen (CM 126) and your notes from the final LAWS101 tutorial, ‘Revision on Statutory Interpretation: Writing Essays on Legislation’, in particular. In addition, think about the constitutional role of the judiciary.

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Question 8 will focus on how judges use ‘context’ to help interpret legislation. To prepare effectively you should carefully revise R v P and Keelan v Peach in particular and note examples of how (i.e. in what way) the judges employed context in varying ways to help them interpret legislation. In addition, think about the constitutional role of the judiciary. Ceri Warnock Faculty of Law University of Otago, 2019

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