LAW 141 - Legal Foundations
Credit points: 15 points
Offered: Second Semester
Contact hours: Lectures - 3 hours per week, 5 tutorials - 1 hour per fortnight
Course Director: Rob Batty
Prerequisites: LAW 121 or 121G with a minimum B- grade
Corequisite: LAW 131
The core substantive components of the New Zealand legal system, with particular emphasis on the relationship between public and private law. Concepts of property and obligations. Introduction to concepts of tikanga Māori, international and comparative law. Differences between common law and civil law systems. Introduction to different modes of legal analysis and different approaches to legal theory.
The course comprises six modules:
- Classification of the law and its sources - the main differences between a common law and civil law legal system and an introduction to the domain and sources of private law compared to public law in a common law system.
- Property law in comparative perspective - an introduction to the basic concepts and principles of property law, including comparisons with other jurisdictions and/or legal systems.
- Law of obligations in comparative perspective - an introduction to the basic concepts and principles of the law governing the obligations between individuals, including comparisons with other jurisdictions and/or legal systems.
- Key legal concepts in theoretical perspective - an introduction to principled explanations for the operation of private law such as law and economics and corrective justice.
- Law in a global context - an introduction to international law and the ways in which international and transnational law impact on New Zealand law.
- Māori jurisprudence - an introduction to tikanga Māori.
- Online test (5%)
- 1000 word essay (15%)
- 750 word essay (15%)
- 2 hour open book exam (70%)
The exam is open book. This means that you may, if you wish, bring into the exam and refer to any materials such as casebooks, textbooks and study notes.
Recommended (but not prescribed) text
There is no recommended text. Students may find J Ruru, P Scott and D Webb The New Zealand Legal System (6th ed, 2016) a good general reference text for the course.