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Legal System

 

The legal system of the Cook Islands is based on New Zealand and English Common law.

 

Generally speaking common law, as opposed to civil or socialist law, is a type of legal system where legislation is continually evolving. Courts refine and create laws on a case-by-case basis. When resolving a legal dispute, in the ideal world, a common law court looks to precedents set by other courts. What this means is that when a court is resolving a dispute, it must look to see if a similar dispute was resolved in the past. If one has, then the present day court is obligated to following the same reasoning used in the prior case; this principle is called stare decisis. On the other hand, if the dispute is totally unique, the court may resolve the matter itself using general guidelines. This new decision then becomes the precedent to which all future cases are bound. Over the years, the precedents created by past decisions coalesce into a complicated set of rules that apply to a wide array of case; this collection of rules is known as “common law”. Of course, common law systems are much more complex in practice, nevertheless the principle of stare decisis as described above, is the foundation of all common law systems.



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Latest news

  • Relief funding finally sorted for 2009 Pacific Mini Games in the ... - Radio New Zealand International

    Google News - The Cook Islands, 17-February-2008


    Relief funding finally sorted for 2009 Pacific Mini Games in the ...
    Radio New Zealand International, New Zealand - 1 hour ago
    “The Cook Islands Investment Corporation supervise and monitor the project, while the Chinese partner will be the China Civil Engineering Construction ...

    [full story]
  • Relief funding finally sorted for 2009 Pacific Mini Games in the ... - Radio New Zealand International

    Google News - The Cook Islands, 17-February-2008


    Relief funding finally sorted for 2009 Pacific Mini Games in the ...
    Radio New Zealand International, New Zealand - 1 hour ago
    There is relief in the Cook Islands that funding for the 2009 Pacific Mini Games has finally been decided. The Minister of Finance, Sir Terepai Maoate, ...

    [full story]
  • Monday – February 18 - Adelaidenow

    Google News - The Cook Islands, 17-February-2008


    Monday – February 18
    Adelaidenow, Australia - 8 hours ago
    7.30, Cook Islands Youth. 8, Dutch. 9, Foreign Affair. 11, Today With You. Noon, World News. 12.30pm, Theatre Organ Music. 1, Hamburger Hafenkonzert. ...

    [full story]

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