Intro to Law Flashcards
What are laws?
‘Laws are rules of conduct imposed by a state upon its members’.
These rules of conduct constitute the law of the land, the domestic law.
Purpose of Laws
to maintain a certain standard of good behaviour among the members of a state in the interests of the common good.
What are legal persons?
a legal personality is an individual/entity that for the purposes of law is a ‘legal person’
This covers human persons but also artificial entities (companies, semi-state bodies).
They can own property, enter into contracts and sue/be sued.
What are the 2 main types of legal system?
- the civil law system
2. the common law system
Civil Law
is based on legislation and is the system of law used in e.g. Europe
Civil Law
is based on legislation and is the system of law used in e.g. Europe
Civil Law
is based on legislation and is the system of law used in e.g. Europe
Common Law
Derives from the english common law (case law) and is used in English speaking countries such as Australia, NZ, UK & Ireland
Judicial decisions which have been delivered over the last centuries and which have grown to produce an idenfiable body of law.
judge made law rather than derived from constitution (founders of state) or legislation (created by gov)
judges interpret the law based on other cases, and create whats known as precedents
Primary sources of law Ireland (4)
- Bunreacht na hEireann, the irish constitution (basic law of the state)
- Legislation - acts of the Oireachtas e.g. Article 15
- Common law - decisions of the courts, doctrine of prescedent e.g. article 34
- European Union law e.g. article 29
Secondary sources of law Ireland (4)
- International law e.g. article 29.6
- Custom law
- Canon law - law of the christian church
- Academic commentary
Legislation
enacted laws - acts of the Oireachtas (statute law)
Constitutional Law
the basic law of the state, it takes prescedence over other inferior sources of law
bunreach na heireann 1937
amended only by a popular referendum
- structure of organs of state 2. fundamental rights and freedoms of citizens
precedent
ensures consistency
Significant about common law system?
consists of thousands of decisions that span centures - and because of the doctrine of precedent (Stare Decisis) still enjoy binding force of law
Where to find common/case law?
Law reports - volumes of books in which judgements have been published
Sources of legislation (2)
- Oireachtas
- enacted by bodies that are conffered with that power by statute
(found in irish statute book)
5 Stages of the legislative process
- First reading - Introduction
- Second reading - debate
- Committee stage - amendments
- Report Stage - review
- Final Stage - Final consideration and vote
European Union Law
EU possesses its own legal system complete with a body of law, which is applicable and enforceable in member states
presided over by the European Court of Justice
enjoy supremecy over national law NB - article 29.4.10 of the constitution
Primary source of eu law
Treaties - take precedence over domestic law
automatic application
e.g. treaty of mastricht, lisbon
Secondary sources of EU law
regulations, directives, reccomendations
EU regulations
immediate application
EU directive
binding - amend our national legislation (S.I.)
EU recommendation
persuasive authority
custom law
a habitual practice which, by virtue of continuous practice, aquires legal force
(Two general conditions should apply before a custom enjoys the force of law:
(1) certain, reasonable, and continuous.
(2) it exists in a particular locality in respect of some particular matter.)
2 Sources of law (S & P (hint))
Substantive Law & Procedural Law
Procedural Law
The bodies or rules concerned with the implementation of substantive law and consists of the law of civil and criminal procedure and the law of evidence.
Law of civil and criminal procedure. Law of evidence.
Substantive Law (2(3&7))
the part of the law that confers rights and powers, or imposes obligations and liabilities
Public - constitutional, criminal, administrative
Private - Contract law, law of torts, property law, family/company/labour, commercial law.
Private Law
governs the relationships of individuals between themselves
(7)
contract,tort,property,family,commercial,labour, company
Public Law
governs the relationship between the individual and the state
Constitutional, administrative, criminal
Administrative Law
the body of law that governs the administration of the state and operation of public authorities
Criminal Law
defines conduct that is prohibited and provides punishments for any breaches of its prohibitions (gardai & DPP) (director public prosecutions)
Contract Law
governs voluntairy relationships between 2 or more parties
Law of Torts
is concerned with private wrongs which result in injury to another e.g. negligence
purpose is to compensate injured person, not to punish the wrongdoer
Property Law
governs the ownership of property
Civil VS Criminal
Civil: liable - fault lies with the defendant remedy- damages private individual takes legal action Mark v John resolution of disputes
Criminal: guilty - defendant is punished remedy - possible prison state (DPP) takes action DPP vs John punish offender
