Podcast
Questions and Answers
What is the primary purpose of an initiating letter in a legal case?
What is the primary purpose of an initiating letter in a legal case?
How long does a defendant have to enter an appearance after being served with a plenary summons?
How long does a defendant have to enter an appearance after being served with a plenary summons?
What document is issued by the plaintiff that provides detailed particulars of the claim?
What document is issued by the plaintiff that provides detailed particulars of the claim?
What is a primary condition for a claim to be accepted by the court?
What is a primary condition for a claim to be accepted by the court?
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What is one reason for imposing a time limit on bringing a legal action?
What is one reason for imposing a time limit on bringing a legal action?
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What is the primary focus of civil procedure?
What is the primary focus of civil procedure?
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Which standard of proof is applied in civil cases?
Which standard of proof is applied in civil cases?
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In which jurisdiction titles are used like plaintiff and defendant?
In which jurisdiction titles are used like plaintiff and defendant?
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What type of law encompasses actions against the State regarding constitutional rights?
What type of law encompasses actions against the State regarding constitutional rights?
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Which of the following is NOT typically a goal of civil procedure?
Which of the following is NOT typically a goal of civil procedure?
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Which reading resources are essential for studying civil procedure?
Which reading resources are essential for studying civil procedure?
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Which of the following is an example of a private law dispute?
Which of the following is an example of a private law dispute?
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What is primarily sought in criminal procedure?
What is primarily sought in criminal procedure?
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What is one of the fundamental purposes of the legal proceedings mentioned?
What is one of the fundamental purposes of the legal proceedings mentioned?
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Which court in Ireland has the authority to hear cases with a monetary value up to €15,000?
Which court in Ireland has the authority to hear cases with a monetary value up to €15,000?
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What principle ensures that similar cases are decided in a consistent manner within the Irish legal system?
What principle ensures that similar cases are decided in a consistent manner within the Irish legal system?
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What is an outcome sought to discourage the filing of trivial claims in legal proceedings?
What is an outcome sought to discourage the filing of trivial claims in legal proceedings?
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In the event of a de novo appeal, which court will hear the case that originated in the District Court?
In the event of a de novo appeal, which court will hear the case that originated in the District Court?
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Which type of court is the highest in the Irish legal system?
Which type of court is the highest in the Irish legal system?
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When considering who to sue, which factor is crucial to identify?
When considering who to sue, which factor is crucial to identify?
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What kind of law is still an important element in the Irish legal system despite the rise of legislation?
What kind of law is still an important element in the Irish legal system despite the rise of legislation?
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Study Notes
Introduction to Civil Procedure (Law 10270)
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Course details:
- 11 weeks long
- Mondays, 5-7 pm
- In-person lectures
- 5 credits
- Interactive learning
- No tutorials
- 2-hour open-book exam
- Mixture of problem and essay questions
- Taught by Grace Sullivan BL & Alicia O'Connor BL
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Reading materials:
- No specific textbook required
- Use relevant textbooks, journal articles, cases, court rules and legislation
- Utilize online databases and library resources (e.g. Westlaw IE)
- Essential and recommended reading list provided, but not required unless notified in advance
Civil Procedure
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Definition:
- Focuses on private law disputes (e.g., personal injuries, contract disputes, family law)
- Includes actions against the state (e.g., constitutional rights, judicial review)
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Questions/topics to consider:
- What is civil procedure?
- What does civil procedure mean?
- Where can sources of civil procedure be found?
Criminal Procedure
- Nature:
- A matter of public law
- Concerns wrongs against society
- Typically prosecuted by the State (Director of Public Prosecutions / Gardaí)
Sources of Procedure
- Case Law
- Legislation
- Court Rules
Civil vs. Criminal
- Standard of Proof:
- Civil: Balance of probabilities
- Criminal: Beyond reasonable doubt
- Types of claims/titles:
- Civil: Plaintiff v Defendant
- Applicant v Respondent
- Prosecution v Defendant/Accused
Potential Values of a Civil Procedure System
- Truth-seeking/ascertaining truth in legal proceedings
- Fairness between parties
- Efficient and cost-effective proceedings
- Addressing trivial claims
- Reward for those who have experienced serious breaches of rights
- Avoidance of frivolous litigation
- Access to justice
- Alternate dispute resolution
Course Schedule (Partial) - Module Weeks
- Specific topics and dates are listed for the course, providing a timeframe for various subjects, including introductions, discovery etc..
Hierarchy of Courts in Ireland
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Key courts (in Ireland):
- Supreme Court
- Court of Appeal
- High Court
- Central Criminal Court
- Special Criminal Court
- Circuit Court
- District Court
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Principle of stare decisis: Decisions made by higher courts in Ireland influence subsequent decisions by lower courts.
Appeals
- Appeals generally occur from lower to higher courts.
- District Courts: Appeals to Circuit Court; cases stated/consultative to High Court (with leave).
- Circuit Court: Appeals to High Court; cases stated/consultative to Court of Appeal (with leave).
- High Court: Appeals directly to the Supreme Court.
Common Law
- English origins, codified over centuries through judicial precedents
- Continues to be a substantial part of the Irish legal system, even with increases in legislative activity
Monetary Jurisdiction of Courts
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Limitations on claim amounts assigned different courts.
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District Court: up to €15,000 (excluding defamation cases).
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Circuit Court: up to €75,000 in general cases, €60,000 in personal injury claims
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Supreme Court can review cases via Constitutional references under Article 26 of the Constitution when necessary.
Cycle of a Case
- Questions to consider at the start of the litigation process:
- Who should you sue?
- Cause of action?
- Whether the person has the legal capacity to sue in the case.
- Locus standi?
- Time limitations/Statute of Limitations?
- Are there any procedural defects / claim statute barred?
Court Process (High Court)
- Key stages:
- Initial letter/correspondence, including initiating documents & plenary summons
- Appearance (by defendant)
- Statement of Claim (by plaintiff)
- Defence (by defendant)
- Interlocutory documents (e.g., request for further particulars, requests for discovery)
- Trial
- Judgment
- Appeal
- Enforcement
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Description
Test your understanding of civil procedure concepts explored in the Introduction to Civil Procedure course. This quiz will cover various topics including private law disputes and actions against the state. Engage with specific questions about the definition and sources of civil procedure as taught in the class.
