University of Canterbury

End-of-year Examinations 2012

Prescription Number(s): Paper Title:

LAWS 101(2)

LLB AND HONOURS LEGAL SYSTEM: LEGAL METHOD AND INSTITUTIONS (Paper 2)

Time Allowed: Number of Pages:

THREE HOURS SEVEN

LAWS 101(2)

3 There are FOUR PARTS to this examination.

LAWS 101(2)

You MUST ANSWER QUESTION 1 AND ONE QUESTION FROM EACH OF PART B, C AND 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 dont 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 Bens 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 cant 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 Carlas 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

LAWS 101(2)

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 havent been able to check my messages, yet. Anyway, Im calling to say that Ive just sold the computer to a friend five minutes ago and therefore cant sell it to you. On Tuesday, 20 November, Ben calls Andrew. Ben tells Andrew that he only

received Andrews letter of reply today. However, as he hasnt 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 Bens, 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: Didnt 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 Bens 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]

LAWS 101(2)

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 to be meant by the traditional concept of a professional. 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] [20 marks]

TURN OVER

6 PART C You must answer ONE question from this Part. Q4 International law is exclusively created by and for states.

LAWS 101(2)

Critically discuss this statement and illustrate your answer with examples relating to the sources of international law. OR Q5 The existence of a State is a question of fact and not of law. statehood is not legitimacy but effectiveness. (Foreign Minister Eban, Israel, 1948.) Critically discuss this statement. [20 marks] The criterion of [20 marks]

PART D You must answer ONE question from this Part. 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. $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 This offence carries a maximum sentence of imprisonment not exceeding three months, or a

LAWS 101(2)

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. 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] [20 marks]

END OF PAPER