Irish Legal System Flashcards
What are our four sources of law
Constitutional law
Eu law
Common law
legislation
What kind of legal system do we have in Ireland?
Common Law
Advantages / disadvantages of common law
Flexible – if its flexible its more likely to be fair (adv)
Uncertain - not easy to predict because its not written down (disadv)
What is the supreme source of law in Ireland?
EU Law
What are the internal divisions of law
Criminal and Civil
Burdens of proof for civil law / criminal law
Criminal – beyond reasonable doubt
Civil – on the balance of probability/ more than likely
Who prosecutes criminal law
DPP (Director of Public Prosecutions)
Punishment in criminal law and civil law
Criminal - jail/fine
Civil if you lose – have to pay compensation / damages
Who prosecutes and outcome of civil
Small claims court
District court
What is a precedent
The advocation of a principle of law as laid down in a higher court from a previous case in a similar situation
Explain Obiter Dicta
A judge’s expression of opinion uttered in court or in a written judgement, but not essential to the decision and therefore NOT LEGALLY BINDING as a precedent.
DO NOT HAVE TO FOLLOW IT
Explain Ratio Decidendi
Binding, reasons for the judge’s decision
How can I avoid Precedent
Show my case is different from the precedent that I don’t want to follow
Find a better precedent
Supreme court don’t have to follow their own precedent if they change their minds
Oireachtas can pass new law to wipe out a precedent
What is needed for precedent to work
Rules about our hierarchy of courts
System of reporting
Rules about who has to follow who
Rules about what is binding
What are the three separate powers under the constitution and the bodies that exercise them
Legislature
Executive
Judiciary
Explain how the powers interact
Oireachtas (legislative) makes law, can be sent to the supreme court if unconstitutional
Govt of the day (Executive) picks our judges
Legislative (Oireachtas) make laws but need a majority to pass so really the only people who can pass a law are the govt of the day
What is Legislation
Law
How is Legislation Made? DIAGRAM
Refer to notes
What is an article 26 reference
When a law is referred to the supreme court to see if it is constitutional
If the president misses one that isn’t constitutional, can be brought up by a citizen
Who can make an ARTICLE 26 REF
President or citizen but not both
What is an abridged time bill
An emergency bill that can be brought in for 90 days
How are bills to amend the constitution different
One extra step – referendum, it must then be approved by a majority of people voting in a referendum before it can be signed by the President and effect a change to the Constitution.
What does the DPP do?
Prosecutes crime
What does the attorney general do
Lawyer for the govt, appointed by Taoiseach, lasts until the Taoiseach is gone
