Week 3

Question 1

What is Law?

Answer 1

o Protects members of society
o Controls and regulates
o Enforcement of laws
o Deals with problems
o Finds equitable and fair solutions to them
o Statute
o Common Law

Question 2

Types of Law?

Answer 2

o Criminal Law

o Civil Law
- Civil law – Plaintiff V Defendant
- Civil Remedies
Compensation
Damages
Standard of proof based on the balance of probabilities

Question 3

Types of Civil Law

Answer 3

o Torts (Private claims by individuals/corporate Re: Wrongdoing)
- Wrongs
- Negligence
- Nuisance
- Compensation not punishment
o Contract
o Property

Question 4

Criminal Law?

Answer 4

o Director of Public Prosecution (DPP)
 State V Accused
 Standard of proof – Beyond Reasonable doubt
 Sanction – Prison/fine/both
 Role of Gardai

Question 5

Court Structure Ireland (Names and order)

Answer 5

District Court
I
Circuit Court
I
High Court
I
Supreme Court

Question 6

Role/Details of District Court?

Answer 6

o Established under Article 34 of constitution
o Courts of ‘Local & Limited Jurisdiction’
o Civil Cases:
 Tort & Contract law up to €15,000
 Judge only
 Some family cases: e.g. Domestic violence, maintenance,
custody, access
o Criminal
 Summary Offences (Judge Only)
 Minor offences
 Max 12 months and/or fine up to €1,900

Question 7

Role/Details of Circuit Court?

Answer 7

o Established under Article 34 of constitution
o Civil cases:
 Up to €75,000 in damages (€60,000 in personal injury)
 Judge only
 Torts & Contracts
 Assault
 Family law E.g. separation/divorce
o Criminal Cases
 Circuit criminal court
 Indictable offences
 Assault (Defined under Non-Fatal offences against the
person Act 1997
 Judge + Jury x 12
 Right to silence
 Innocent until proven guilty

Question 8

Role/Details of High Court?

Answer 8

o Civil Cases:
 Over €75,000 in damages (€60,000 personal injury)
 No damage limit
o Judicial review cases
 Judge only unless defamation
o Criminal Cases
 Central criminal Court – Judge & Jury
 Murder, manslaughter & Rape

Question 9

Courts of Appeal

Answer 9

o Court of Appeal – Civil (3 Judges, No jury)
o Court of Criminal Appeal (3 Judges, No Jury)

Question 10

Supreme Court?

Answer 10

o 3, 5 or 7 Judges – No Jury
o Article 34 states is ‘Court of Final Appeal’

Question 11

Other Courts Ireland

Answer 11

o Tribunal of Inquiry
o Coroner’s Court

Question 12

Sources of Law Ireland

Answer 12

o Constitution 1937
o European Convention in Human Rights
o European Court of Human Rights
o Precedent (Case Law) - something that may serve as an example or
rule to be followed in the future
o Supreme Court – Binding authority on all lower courts in Ireland

Question 13

Constitution 1937 + Article 40 Examples

Answer 13

o Primary Legal document of State
o Separation of Power
 Legislative
 Executive (Cabinet, Chaired by Taoiseach)
 Judicial
o Article 40 – Enumerated Rights (Express Rights in the Constitution)
o Article 40.3.2
 The State Shall, protect from unjust attack and, in the case of injustice done, vindicate the life, person, good name, and property rights of every citizen
 Right to life of Unborn – Attorney General V X (1992)
 Right to Life – A Ward of Court (1996)
o Article 40.3.1 – Unenumerated Right (Not articulated exactly in
constitution but used to argue rights)
 Right to Marital Privacy – McGee V Ireland (1974) – Contraception argument. Norris V Ireland (1984) [Homosexuality]

Question 14

Time Limits on Legal Action

Answer 14

Statute of Limitation act 1957 & (amendment 1991)

Civil Case = 2 Years from date of actual cause if action
Or
From date of knowledge if later

Question 15

Areas of Nurse Liability

Answer 15

o Criminal
o Civil
o Contractual Employment
o Professional – Ethical/Moral

Question 16

Legal Process in Ireland organised according to?

Answer 16

o Rules & Procedures
o Referee
o Players
o Time Limits
o Outcomes
o Winning
o Losing