Irish Law Flashcards
What is a Legal System?
A legal system is the framework of laws, institutions and processes through which a society regulates behaviour, resolves disputes, and administers justice.
What is Substantive Law?
General principles and detailed rules defining legal rights and duties.
What is Procedural Law?
General principles and detailed rules defining the methods of administering the substantive law.
What is Public Law?
Public law regulates the interaction of citizens with the state (eg. Criminal law, constitutional law, administrative law).
What is Private Law?
Private law regulates the relationship between individuals within a state (eg. Contract law, tort law, property law).
What is Civil Law?
Civil law is the body of law concerning the rights and duties between parties (eg. Contract law, tort law, employment law, commercial law).
What is Criminal Law?
Criminal law is the body of law dealing with crimes and their punishment.
Sources of Irish Law
- Common Law & Equity
- Bunreacht na hEireann 1937
- Legislation or Statute Law
- EU Law
- International Law
What is Judicial Precedent?
If a case that comes to a lower court is similar to one that a higher court faced in the past, the lower course is bound by the higher court and must rule in the same way as the higher court had in that past case.
What is Superior Legislation?
The sole and exclusive power of making laws for the State is hereby vested in the Oireachtas; no other legislative authority has power to make laws for the State.
What is Delegated Legislation?
A statute can only be repealed or amended by subsequent statute. Delegated legislation cannot be amended but only repleaded.
Basic Hierarchy of Irish Courts
- District Court
- Circuit Court
- High Court
- Court of Appeal
- Supreme Court
