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Introduction to law > Intro and sources of law > Flashcards

Intro and sources of law Flashcards

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1
Q

Ethics

A

Choices of proper conduct made by an individual in his or her relationships with others.

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2
Q

legal system

A

The totality of laws that regulate a state (i.e. a legally organised community)

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3
Q

Basic requirements of a legal system

A
  • A body of laws
  • A source with the power to create and alter those laws
  • An institution/process with the authority to administer and enforce
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4
Q

Important characteristics of laws

A
  • Accessibility
  • Certainty
  • fairness
  • flexibility
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5
Q

Characteristics of the law: certainty

A

People should be reasonably secure in their knowledge of what they are doing and their understanding of its effects

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6
Q

Characteristics of the law: flexibility

A

The law must be able to respond without undue delay to the challenge of change at all levels of society

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7
Q

Characteristics of the law: fairness

A

The effectiveness of law depends upon its acceptance by members of society and that will not be available where a law is inequitable, unfair or unreasonable

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8
Q

Characteristics of the law: accessibility

A

All should have access to knowledge of the law, either directly or through intermediaries

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9
Q

Common Law

A
  • description of the Irish legal system (and other Anglo-systems
  • case law developed by the courts
  • unwritten law
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10
Q

civil law

A
  • the secular law of the state
  • law directly concerning the rights and duties between parties
  • private law
  • descriptions of the legal systems of continental Europe
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11
Q

Canon law

A

church law

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12
Q

equity

A

law developed in the Court of Chancery to supplement the common law

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13
Q

legislation

A

enacted by/under direction of parliament

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14
Q

Public law

A

regulates the interaction of citizens with the state

e.g. criminal law, constitutional law, administrative law

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15
Q

private law

A

regulates the relationship between individuals within a state (e.g. contract law, tort law, property law)

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16
Q

criminal law

A

Body of law dealing with crimes and their punishment

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17
Q

The nature of criminal law

A

Wrongs against society as a whole

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18
Q

the nature of civil law

A

Rights and duties of individuals to each other

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19
Q

proof of criminal law

A

Beyond reasonable doubt (convicted or acquitted)

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20
Q

proof of civil law

A

Balance of probabilities (liable or not liable

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21
Q

substantive law

A

General principles and detailed rules defining legal rights and duties.

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22
Q

procedural law

A

General principles and detailed rules that define the methods of administering the substantive law

23
Q

statutory law

A

Laws enacted by the Oireachtas. Statutory law is also called written law.

24
Q

purpose of law

A
  • commands
  • Moral
  • administrative
  • opportunistic
25
Q

how are laws made in International law

A
  • There is no central, law-making, body in International Law

- , the international system tends to work on the basis of consensus

26
Q

who makes the laws in Ireland

A

our laws are made by the Legislature (Oireachtas) or by the Courts

27
Q

Public international law

A

Public International Law does, in the main, not concern private individuals, but rather states and certain international organisations

28
Q

European court of human rights

A
  • The Court sits in Strasbourg
  • It hears cases from national courts over alleged breaches of human rights
  • Have passed notable rulings including on the existence of a prisoners’ right to vote and Ireland’s abortion law
29
Q

regulations

A
  • directly enforceable
  • bind each member state once they come into force
    e. g. consumer protection
30
Q

Directives

A
  • State a goal that must be achieved within a set time frame
  • used where there is a wide disparity in the law or practice of member states
  • Broadly similar framework
31
Q

Decisions

A

Generally addressed to a specific party/parties (rather than all Member States)
E.g. Apple Tax case

32
Q

the types of law that the Eu can be divided by

A
  • Regulations
  • Directives
  • Decisions
  • Recommendations
33
Q

the seven main institutions of the Eu

A

The Commission

1. The European Council
"the general political directions and priorities"
2. The Council of the European Union
3. The Council of Ministers
4. The Assembly (or Parliament)
5 .The Court of Justice
6. The Court of Auditors
7. The European Central Bank
34
Q

EU law

A

Unique legal system (with enforceable laws and a Court); supreme to national law in all areas of EU competence

35
Q

when did Ireland join the EU

A

Ireland joined the EU (then the ‘EEC’) in 1973

36
Q

How did the Eu begin?

A

The EU (then the EEC) was formed as the result of the Treaty of Rome agreed between six european nations: France, (West) Germany, Italy, Netherlands, Luxembourg, and Belgium

37
Q

when was the Eu formed

A

Formed in 1958

38
Q

The constitution

A

The basis of the legal and governmental structure of the modern state is its Constitution
The Constitution sets out the basic laws and political procedures required to run a state

39
Q

how does the constitution come about

A

Adopted by popular vote and is changed only by popular vote.

40
Q

The three parts of the government

A
  • The courts
  • The Executive (The ministers/Taoiseach/Tánaiste etc.)
  • The Legislature (In Ireland, ‘the Oireachtas’)
41
Q

function of the legislative branch

A
  • Oireachtas makes the laws
42
Q

function of the judicial branch

A

Interpret the law

43
Q

what does the executive consist of

A

The Executive consists of the Taoiseach, Tánaiste, assorted ministers, the Attorney General, and the President

44
Q

what are unconstitutional laws ?

A

laws and acts that offend the constitution

45
Q

how can the courts declare if a law is unconstitutional or constiutional ?

A
  1. An Article 26 reference where the President refers a bill that might offend the Constitution to the Supreme Court
  2. A person (Plaintiff) brings a case to court and challenges the constitutionality of a particular law
46
Q

what is secondary legislation?(or delegated legislation) known as

A

· Also known as regulations, rules, or statutory instruments

47
Q

what is primary legislation known as

A

They are more commonly known as ‘acts’

48
Q

who makes primary legislation?

A

body of laws passed by the Oireachtas (the legislature - president , dáil and seanad)

49
Q

who makes secondary legislation

A

These are rules made by ministers or certain authorised bodies (Councils, Fáilte Ireland, etc.)

50
Q

when is a delegating act unconstitutional ?

A

If the delegation is not limited, then the delegating act is unconstitutional

51
Q

what is the function of the executive?

A

The Executive is charged with the day-to-day running of the State and with implementing and enforcing laws passed by the legislature
The Executive also prepares draft legislation (bills) to be voted by the legislature

52
Q

what is the function of the courts ?

A

The Courts are charged with interpreting the laws of the state and, in particular, the Constitution

53
Q

stare decisis meaning

A

Let the decision stand. • The decisions of higher courts are binding on lower courts

Introduction to law (8 decks)

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