The courts system Flashcards
what articles talk about the court system
articles 34- 38
Article 34 of the constitution
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
what was the referendum in 2013
new Court of Appeal, set up between High and Supreme Courts – rationale is to decrease the backlog/workload of the Supreme Court
The Courts (Establishment and Constitution) Act 1961,
‘established’ the court system envisaged by Article 34.1 and the Courts (Supplemental Provisions) Act 1961.
The district court
- lowest court
- hears civil cases worth <15,000
- hears minor criminal matters
- hears summary offences
The circuit court
- 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
The high court
- 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
The court of Appeal
- 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
The supreme court
- 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
Criminal Law (Rape) Act, 1981
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
in camera hearings
Sitting not in public= exclude public and the media from the courtroom,
- To be an “either way offence” must meet three conditions
- DC judge must be satisfied it is a Minor offence;
2. Accused does not object to DC hearing;
3. DPP consents
- Implications of indictable offence being heard in DCt
- accused must agree to case being heard in DCt
2. sentence will be no greater than 12 months
rule of thumb for sentencing in District Court
MAX 12 months
make up of district court
- 63 judges
* 24 districts
makeup of circuit court
• President of the CC; 37 CC Judges (6 ‘specialist judges’ for personal insolvency cases); 8 Circuits;
makeup of high court
• President of the HC; 36 ordinary HC Judges
is there a jury in the Special Criminal courts?
• No jury; 3 judges (HC, CC, DC).
de novo hearing
seek to have case reheard in full in a higher court as if the hearing in lower court had never taken place.
On a point of law
limited form of appeal, not a re-hearing of the whole case – no witness testimony, just inspect transcript/findings of fact from initial trial.
what is a pleading ?
Each side supplies written documents to other-“pleadings”
written statements of facts you will rely on
leap frog appeal
to appeal a case from the high court directly t the supreme court , therefore leapfrogging the court of appeal
makeup of court of appeal
Composed of a President and nine ordinary judges.
makeup of supreme court
Chief Justice; seven ordinary members of the SC.
