1. The Law
Understanding law
n 2 levels
nCreating some order in society by
the evolution of rules, mores, &
customs
nConsiders the nature of society, of
“right”, “justice”, “common good”
– this study of the law, & of
philosophical & sociological
perceptions is jurisprudence
2nd level
nLawyers involved
nSubstantive law – content of laws
nProcedural law – mechanics of
making & enforcing law
Classifications of Law

2. Substantive Law
n Civil Law
nAdministrative Law
nContract Law
nCommercial Law
nFamily Law
nHealth Law
nIndustrial Law
nTort Law
n Criminal Law
nCriminal Codes
Distinction between civil
& criminal law
nNot the nature of the wrongful act
but the legal consequences that
follow it
Procedural Law
Procedural Rules
nCivil Procedure

3. nCriminal Procedure
Rules of Court
nHigh Court Rules
nDistrict Court Rules
Natural law
nFundamental source of law is
nature
nThis source is higher & more
binding than any laws made by
humans
nUnderlies much of Western
world’s legal policy (human
rights) (right to be heard in own
defence before being punished)
Legal systems
nCommon law
nDeveloped in feudal UK – law
“common” to the people
nCivil law
nSystem in Europe derived from French

4. or Roman
nLaw enshrined in statutes
nJudiciary seeks facts/investigates –
lawyers are assistants to Judge, not
advocates for the party
Sources of law in NZ
nLaws made by recognised
authority – legislation
nDocuments setting out
obligations, rights, penalties,
procedures
nMade by the NZ Parliament
nLaws passed as statutes (Acts of
Parliament)
nMost effective way of making law
Law developed by Courts
– common law
nAuthority of law based on acceptance

5. of a principle, rule or standard of
behaviour from someone in authority
nCourt is bound by legal principles
established by Courts with higher
standing
nUsed when legislation does not cover
current situation before the Court
nJudge looks at cases with similar fact
situations – new law then developed
for future situations – common law
adapts to a changing society
Basic principles of legal
system
nNatural law principles – concept
underlying human rights
nRule of law – person only be
found guilty of a criminal offence
that existed at the time it was
allegedly committed; executive
branch of govt. subject to law,

6. therefore citizens are protected
from arbitrary action by the public
service & govt bodies
Basic principles of legal
system
nPresumption of innocence innocent
until proven guilty
nNZ Bill of Rights Act 1990 affirms,
protects and promotes human rights &
fundamental freedoms in NZ
nTOW Statutory provisions in Acts that
provide that the Act is to be
administered & interpreted to give
direct legislative force of obligations
to TOW
nTOW considered “the most impt

7. document in NZ hx”
Task
nWork in pairs
nChoose one aspect of substantive
law
nFind a definition
nDescribe in your own words
nDiscuss how this aspect of the law
impacts nursing practice
nReport back to group