laws101_2

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University of Canterbury

End-of-year Examinations 2012

Prescription Number(s): LAWS 101(2)

Paper Title: LLB AND HONOURS

LEGAL SYSTEM: LEGAL METHODAND INSTITUTIONS (Paper 2)

Time Allowed: THREE HOURS

Number of Pages: SEVEN

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There are FOUR PARTS to this examination.

You MUST ANSWER QUESTION 1 AND ONE QUESTION FROM EACH OF PART B, CAND D (a total of FOUR questions).

Part A is worth 40 marks, Parts B, C and D are worth 20 marks each.

PART A

This question is COMPULSORY.

Q1 Andrew is a collector of antique electronics. He is particularly interested in early

personal computers. He frequently buys computers from two fellow collectors, Ben

and Carla.

On Monday, 5 November, at 9 am, Andrew receives the following letter from Ben:

Dear Andrew

Would you be interested in a vintage Commodore 64 personal computer from 1982. I

have one in my collection that I am willing to sell for the price of $1,000. I don’t have to

tell you how popular this model is among computer collectors, so I will need an answer

as soon as possible.

Regards, Ben

Andrew is delighted with the possibility of acquiring a Commodore 64 and

immediately writes a letter accepting Ben’s offer. On his way to the post box, Andrew

receives a text message from Carla at 10.30 am. The message reads:

Have Hewlett-Packard-85 computer from 1980. Want to buy for $1,250? Carla

Andrew can’t believe his luck: two vintage computers in one day! He immediately

sends a text message back to Carla accepting her offer. He then continues on his

way to the post box and despatches the letter to Ben.

Upon his return home at 11 am, Andrew decides to call Carla to make sure she

received his message. He rings Carla’s mobile phone, but is immediately connected

to her voicemail. He leaves a message saying that he wants to accept her offer for

the Hewlett-Packard computer.

QUESTION 1 CONTINUED ON NEXT PAGE

TURN OVER

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At 2pm, Andrew receives a call from Carla. She says that she is calling from her

office and asks: ”Have you tried to call me earlier? My mobile phone battery ran out

and I haven’t been able to check my messages, yet. Anyway, I’m calling to say that

I’ve just sold the computer to a friend five minutes ago and therefore can’t sell it toyou.”

On Tuesday, 20 November, Ben calls Andrew. Ben tells Andrew that he only

received Andrew’s letter of reply today. However, as he hasn’t heard from Andrew

for two weeks, he has sold the Commodore 64 to another computer enthusiast the

day before.

Confused about why it took so long for the letter to arrive at Ben’s, Andrew calls the

Post Office. The post officer tells Andrew that the post box that Andrew used for his

letter had been decommissioned. When Andrew asks how he was supposed to

know that, the post officer answers: “Didn’t you see the notice sticker on the post

box? It clearly said that the post box would not be emptied anymore.”

Andrew comes to you for advice. He is outraged that Carla did not sell him the

Hewlett-Packard. He is convinced that he had accepted her offer both by sending

the text message and by leaving a message on her voicemail. He also feels that he

accepted Ben’s offer. He recalls that there was some kind of sticker on the post box,

but assumed at the time that the sticker was merely an advertisement of some sort,

rather than an official notice.

Advise Andrew whether he has contracts with Ben and Carla. [40 marks]

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PART B

You must answer ONE question from this Part.

Q2 “The Lawyers and Conveyancers Act 2006 (“the Act”) and the Rules of Conduct and Client Care 2008 made under the Act (“the Rules”) established a new regime for the

regulation of the legal profession in New Zealand. This new regime brought to an

end the traditional concept of the lawyer as a ‘professional’.”

Discuss, by reference to specific provisions in the Act and the Rules, whether you

consider it is accurate to say the concept of the lawyer as a professional has been

brought to an end in New Zealand. In your discussion outline what you consider tobe meant by the traditional concept of a ‘professional’. [20 marks]

OR

Q3 “[M]eans must be provided for resolving, without prohibitive cost, … bona fide …

disputes which the parties themselves are unable to resolve…”

Lord Bingham of Cornhill.

The late Lord Bingham was a senior British Judge who sat in the House of Lords and

the recently established Supreme Court of the United Kingdom. In the above

quotation Lord Bingham identifies cost as an issue for the justice system.

In New Zealand conditional/contingency fees and pro bono work have been identified

as two ways in which the financial barrier to access to justice can be addressed.

Discuss how conditional/contingency fees and pro bono work by lawyers in New

Zealand can assist access to justice. In your discussion explain the two concepts

and outline the advantages and disadvantages of each. [20 marks]

TURN OVER

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PART C


Q4 “International law is exclusively created by and for states.”

Critically discuss this statement and illustrate your answer with examples relating to

the sources of international law. [20 marks]

OR

Q5 “The existence of a State is a question of fact and not of law. The criterion of

statehood is not legitimacy but effectiveness.”

(Foreign Minister Eban, Israel, 1948.)

Critically discuss this statement. [20 marks]

PART D


Q6 You are Duty Solicitor in the District Court one morning when Alan and Bob come to

see you. Each of them seeks your legal advice.

Alan (aged 18) tells you that he had gone out the night before with a group of friends,

who became involved in brawling and throwing missiles at each other in the street.

Everyone involved was arrested, and Alan has now been charged with behaving in a

disorderly manner under s 3 of the Summary Offences Act 1981. This offence

carries a maximum sentence of imprisonment not exceeding three months, or a

$2,000 fine.

Bob (aged 20) says that he was in an appliance shop a few days ago, where he was

intending to buy several small items. Because his hands were full, he slipped one of

the items, a small radio, into his jacket pocket. He forgot it was there when he left

the store, having paid for the other items. The store detective saw him, and Bob has

been charged with theft which, under s 223(c) of the Crimes Act 1961, carries a

maximum penalty of imprisonment not exceeding one year.

QUESTION 6 CONTINUED ON NEXT PAGE

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Both Alan and Bob want to defend the charges against them. Alan says that he did

not participate in the disorderly events at all, and Bob says that he had no dishonest

intent when he absentmindedly took the radio away from the store. Neither Alan nor

Bob has any previous convictions.

Alan and Bob want to know about the procedure involved. On the assumption that

neither of them intends to admit guilt, advise them both about what will happen in

their respective cases. In your answer, include advice about which court will deal

with their cases; what options are open to Alan and Bob as far as procedure is

concerned; how their trials will proceed; and what appeal rights are available if they

should be convicted. [20 marks]

OR

Q7 Your flatmate Kate tells you that two weeks ago she was stationary in her car at an

intersection, waiting for the traffic lights to turn green, when a speeding car hit the

rear of her car, pushing her into the rear of the stationary van in front of her. The van

driver has now filed a claim against Kate in the Disputes Tribunal, claiming $5,000 for

the cost of repairing his van.

Because you are a law student, Kate asks you for advice. Kate has never heard of

the Disputes Tribunal. Describe to Kate the general powers and functioning of the

Tribunal, and describe the procedure that will apply in the hearing of her case.

[20 marks]

END OF PAPER

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