The courts system

Question 1

what articles talk about the court system

Answer 1

articles 34- 38

Question 2

Article 34 of the constitution

Answer 2

Justice shall be administered in courts established by law by judges appointed in the manner provided by this Constitution, and, save in such special and limited cases as may be prescribed by law, shall be administered in public

Question 3

what was the referendum in 2013

Answer 3

new Court of Appeal, set up between High and Supreme Courts – rationale is to decrease the backlog/workload of the Supreme Court

Question 4

The Courts (Establishment and Constitution) Act 1961,

Answer 4

‘established’ the court system envisaged by Article 34.1 and the Courts (Supplemental Provisions) Act 1961.

Question 5

The district court

Answer 5

• lowest court
• hears civil cases worth <15,000
• hears minor criminal matters
• hears summary offences

Question 6

The circuit court

Answer 6

• Tort and contracts and other civil cases worth between the remit of the High Court and District Court are held here
  > €15,000
  < €75,000 ( personal injury actions

Question 7

The high court

Answer 7

• Lowest court that can hear constitutional cases.
  Hears torts & contracts cases > €75,000 (personal injury €60,000).
• Hears murder, rape, treason and a few others
  (Central Criminal Court)
   Judicial review of administrative bodies

Question 8

The court of Appeal

Answer 8

- Hears appeals from the HC & CC
- The only appeals that will go to the Supreme Court are those which raise issues of major public importance or where the interests of justice require such an appeal

Question 9

The supreme court

Answer 9

• Hears appeals from C of A if the SC is satisfied that: involves a matter of general public importance or, in the interests of justice, it is necessary that there be an appeal to the SC
• Hears direct appeals from HC if satisfied that exceptional circumstances warrant a direct appeal

Question 10

Criminal Law (Rape) Act, 1981

Answer 10

After a person is charged with a rape offence no matter likely to lead members of the public to identify him as the person against whom the charge is made shall be published in a written publication available to the public or be broadcast

Question 11

in camera hearings

Answer 11

Sitting not in public= exclude public and the media from the courtroom,

Question 12

• To be an “either way offence” must meet three conditions

Answer 12

1. DC judge must be satisfied it is a Minor offence;
   2. Accused does not object to DC hearing;
   3. DPP consents

Question 13

• Implications of indictable offence being heard in DCt

Answer 13

1. accused must agree to case being heard in DCt

2. sentence will be no greater than 12 months

Question 14

rule of thumb for sentencing in District Court

Answer 14

MAX 12 months

Question 15

make up of district court

Answer 15

• 63 judges

* 24 districts

Question 16

makeup of circuit court

Answer 16

• President of the CC; 37 CC Judges (6 ‘specialist judges’ for personal insolvency cases); 8 Circuits;

Question 17

makeup of high court

Answer 17

• President of the HC; 36 ordinary HC Judges

Question 18

is there a jury in the Special Criminal courts?

Answer 18

• No jury; 3 judges (HC, CC, DC).

Question 19

de novo hearing

Answer 19

seek to have case reheard in full in a higher court as if the hearing in lower court had never taken place.

Question 20

On a point of law

Answer 20

limited form of appeal, not a re-hearing of the whole case – no witness testimony, just inspect transcript/findings of fact from initial trial.

Question 21

what is a pleading ?

Answer 21

Each side supplies written documents to other-“pleadings”

written statements of facts you will rely on

Question 22

leap frog appeal

Answer 22

to appeal a case from the high court directly t the supreme court , therefore leapfrogging the court of appeal

Question 23

makeup of court of appeal

Answer 23

Composed of a President and nine ordinary judges.

Question 24

makeup of supreme court

Answer 24

Chief Justice; seven ordinary members of the SC.