Laws 122 Questions and Already
Passed Solutions 2026 Updated.
do you need to apply the direct reasonable person test in the Uk? - Answer No, in the uk we
do not do tis.
obiter - Answer something that is persuasive rather than binding --> by the way
Obiter dictum is Latin for a word said "by the way", that is, a remark in a judgment that is "said
in passing". ... For the purposes of judicial precedent, ratio decidendi is binding, whereas obiter
dicta are persuasive only.
ratio - Answer a fact or reason that the case had a certain outcome
Ratio decidendi is a phrase meaning "the reason" or "the rationale for the decision". ... In other
words, ratio decidendi is a legal rule derived from, and consistent with, those parts of legal
reasoning within a judgment on which the outcome of the case depends.
Is the public interest defence only available for cases that involve the police? - Answer No,
you can use it and it can be raised in any case.
What if in Hellewell the police distributed photos all over the city? - Answer then this would
be different because the distribution was not in the publics interest (shop watch) and rather was
a vigilantly hunt.
What does it mean if a decision was 'ultra vires'? - Answer "out of their power" i.e. the
decision was beyond one's legal power or authority.
when would the public interest defence relating to govt be rejected? - Answer Krieger CM150
Judge says the info is of limited assistance to the public in scrutinizing the performance of govt.
(p77)
The info in the spreadsheet would not allow the public to discuss, review and criticize govt
policy. (p76)
What similarities did the Krieger case have with LRT v Mayor of London and why did the court
distinguish it? - Answer That case was about commercially sensitive info but court found that
, by releasing the info was actually of use to the public in deciding whether or not to support govt
taxation model.
There was a genuine purpose in releasing info to promote critique of govt policy.
what was the law determined in Hosking v runting? - Answer the result of the case was that
nz does not always follow the uk approach.
Does the reasonable person test apply in the Uk? - Answer the reasonable person test as set
out in coco is still applicable in the Uk. But, the statement by lord Woolfe in A v B is so
comprehensive and covers similar ground to the coco RP test so you should use this instead.
what does Krieger apply to in the UK? - Answer Limb 3 of coco test, Public interest defence
but NOT government information exception.
what can a judge choose to do in terms of precedent? - Answer F - follow
E - extend
D - distinguish
D - Doubt/ disapprove
O - overrule
R - Restrict
(A - irrelevant a )
what does a judge do to follow precedent? - Answer apply the ratio or legal principle
established to determine the current case
to extend precedent? - Answer following it still but then adding to the law that was
established in the previous case
to distinguish precedent? - Answer If judge doesn't want to follow the other case then they
will say that the material facts of that case a significantly different so we require a different
outcome.
to restrict precedent? - Answer When the judge looks at a case and says the ruling was ONLY
for those facts so any other case should pretty much take another approach.
To doubt precedent? - Answer sends a signal to later judges that they should also take a
closer look at the ruling and maybe not follow the same approach
Passed Solutions 2026 Updated.
do you need to apply the direct reasonable person test in the Uk? - Answer No, in the uk we
do not do tis.
obiter - Answer something that is persuasive rather than binding --> by the way
Obiter dictum is Latin for a word said "by the way", that is, a remark in a judgment that is "said
in passing". ... For the purposes of judicial precedent, ratio decidendi is binding, whereas obiter
dicta are persuasive only.
ratio - Answer a fact or reason that the case had a certain outcome
Ratio decidendi is a phrase meaning "the reason" or "the rationale for the decision". ... In other
words, ratio decidendi is a legal rule derived from, and consistent with, those parts of legal
reasoning within a judgment on which the outcome of the case depends.
Is the public interest defence only available for cases that involve the police? - Answer No,
you can use it and it can be raised in any case.
What if in Hellewell the police distributed photos all over the city? - Answer then this would
be different because the distribution was not in the publics interest (shop watch) and rather was
a vigilantly hunt.
What does it mean if a decision was 'ultra vires'? - Answer "out of their power" i.e. the
decision was beyond one's legal power or authority.
when would the public interest defence relating to govt be rejected? - Answer Krieger CM150
Judge says the info is of limited assistance to the public in scrutinizing the performance of govt.
(p77)
The info in the spreadsheet would not allow the public to discuss, review and criticize govt
policy. (p76)
What similarities did the Krieger case have with LRT v Mayor of London and why did the court
distinguish it? - Answer That case was about commercially sensitive info but court found that
, by releasing the info was actually of use to the public in deciding whether or not to support govt
taxation model.
There was a genuine purpose in releasing info to promote critique of govt policy.
what was the law determined in Hosking v runting? - Answer the result of the case was that
nz does not always follow the uk approach.
Does the reasonable person test apply in the Uk? - Answer the reasonable person test as set
out in coco is still applicable in the Uk. But, the statement by lord Woolfe in A v B is so
comprehensive and covers similar ground to the coco RP test so you should use this instead.
what does Krieger apply to in the UK? - Answer Limb 3 of coco test, Public interest defence
but NOT government information exception.
what can a judge choose to do in terms of precedent? - Answer F - follow
E - extend
D - distinguish
D - Doubt/ disapprove
O - overrule
R - Restrict
(A - irrelevant a )
what does a judge do to follow precedent? - Answer apply the ratio or legal principle
established to determine the current case
to extend precedent? - Answer following it still but then adding to the law that was
established in the previous case
to distinguish precedent? - Answer If judge doesn't want to follow the other case then they
will say that the material facts of that case a significantly different so we require a different
outcome.
to restrict precedent? - Answer When the judge looks at a case and says the ruling was ONLY
for those facts so any other case should pretty much take another approach.
To doubt precedent? - Answer sends a signal to later judges that they should also take a
closer look at the ruling and maybe not follow the same approach
