Irish Legal System

Question 1

What are our four sources of law

Answer 1

Constitutional law

Eu law

Common law

legislation

Question 2

What kind of legal system do we have in Ireland?

Answer 2

Common Law

Question 3

Advantages / disadvantages of common law

Answer 3

Flexible – if its flexible its more likely to be fair (adv)

Uncertain - not easy to predict because its not written down (disadv)

Question 4

What is the supreme source of law in Ireland?

Answer 4

EU Law

Question 5

What are the internal divisions of law

Answer 5

Criminal and Civil

Question 6

Burdens of proof for civil law / criminal law

Answer 6

Criminal – beyond reasonable doubt

Civil – on the balance of probability/ more than likely

Question 7

Who prosecutes criminal law

Answer 7

DPP (Director of Public Prosecutions)

Question 8

Punishment in criminal law and civil law

Answer 8

Criminal - jail/fine

Civil if you lose – have to pay compensation / damages

Question 9

Who prosecutes and outcome of civil

Answer 9

Small claims court

District court

Question 10

What is a precedent

Answer 10

The advocation of a principle of law as laid down in a higher court from a previous case in a similar situation

Question 11

Explain Obiter Dicta

Answer 11

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

Question 12

Explain Ratio Decidendi

Answer 12

Binding, reasons for the judge’s decision

Question 13

How can I avoid Precedent

Answer 13

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

Question 14

What is needed for precedent to work

Answer 14

Rules about our hierarchy of courts

System of reporting

Rules about who has to follow who

Rules about what is binding

Question 15

What are the three separate powers under the constitution and the bodies that exercise them

Answer 15

Legislature

Executive

Judiciary

Question 16

Explain how the powers interact

Answer 16

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

Question 17

What is Legislation

Answer 17

Law

Question 18

How is Legislation Made? DIAGRAM

Answer 18

Refer to notes

Question 19

What is an article 26 reference

Answer 19

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

Question 20

Who can make an ARTICLE 26 REF

Answer 20

President or citizen but not both

Question 21

What is an abridged time bill

Answer 21

An emergency bill that can be brought in for 90 days

Question 22

How are bills to amend the constitution different

Answer 22

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.

Question 23

What does the DPP do?

Answer 23

Prosecutes crime

Question 24

What does the attorney general do

Answer 24

Lawyer for the govt, appointed by Taoiseach, lasts until the Taoiseach is gone

Question 25

What is the difference between a solicitor and a barrister

Answer 25

Solicitors work with the public, barristers do the talking in court

Question 26

Draw a chart showing the hierarchy of the Irish court system

Answer 26

(Order goes from smallest to biggest)

Small claims court
District Court
Circuit Court High Court
Court of Appeal
Supreme Court
Special Criminal Court