Introduction to Civil Procedure (Law 10270)

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Questions and Answers

What is the primary purpose of an initiating letter in a legal case?

  • To outline the plaintiff's defense strategy
  • To initiate the discovery process
  • To file a counterclaim
  • To provide the defendant an opportunity to admit wrongdoing (correct)

How long does a defendant have to enter an appearance after being served with a plenary summons?

  • 5 days
  • 14 days
  • 48 hours
  • 8 days (correct)

What document is issued by the plaintiff that provides detailed particulars of the claim?

  • Statement of claim (correct)
  • Affidavit
  • Defensive statement
  • Notice of motion

What is a primary condition for a claim to be accepted by the court?

<p>The claim must be filed within a specified time limit (D)</p> Signup and view all the answers

What is one reason for imposing a time limit on bringing a legal action?

<p>To prevent stale claims from being litigated (C)</p> Signup and view all the answers

What is the primary focus of civil procedure?

<p>Resolution of private law disputes (D)</p> Signup and view all the answers

Which standard of proof is applied in civil cases?

<p>Balance of probabilities (D)</p> Signup and view all the answers

In which jurisdiction titles are used like plaintiff and defendant?

<p>Civil law jurisdiction (D)</p> Signup and view all the answers

What type of law encompasses actions against the State regarding constitutional rights?

<p>Public law (C)</p> Signup and view all the answers

Which of the following is NOT typically a goal of civil procedure?

<p>Punish offenders (A)</p> Signup and view all the answers

Which reading resources are essential for studying civil procedure?

<p>Journal articles and court rules (D)</p> Signup and view all the answers

Which of the following is an example of a private law dispute?

<p>Contract disputes (D)</p> Signup and view all the answers

What is primarily sought in criminal procedure?

<p>To punish and deter (B)</p> Signup and view all the answers

What is one of the fundamental purposes of the legal proceedings mentioned?

<p>Seeking quick resolution of proceedings (B)</p> Signup and view all the answers

Which court in Ireland has the authority to hear cases with a monetary value up to €15,000?

<p>District Court (A)</p> Signup and view all the answers

What principle ensures that similar cases are decided in a consistent manner within the Irish legal system?

<p>Principle of stare decisis (D)</p> Signup and view all the answers

What is an outcome sought to discourage the filing of trivial claims in legal proceedings?

<p>Punishing those who bring trivial claims (A)</p> Signup and view all the answers

In the event of a de novo appeal, which court will hear the case that originated in the District Court?

<p>Circuit Court (C)</p> Signup and view all the answers

Which type of court is the highest in the Irish legal system?

<p>Supreme Court (D)</p> Signup and view all the answers

When considering who to sue, which factor is crucial to identify?

<p>The cause of action against whom (D)</p> Signup and view all the answers

What kind of law is still an important element in the Irish legal system despite the rise of legislation?

<p>Common law (C)</p> Signup and view all the answers

Flashcards

Locus Standi

The legal right to bring a claim to court. It means you have a sufficient connection to the case and a legitimate interest in its outcome.

Cause of Action

The specific legal reason why you are suing someone. It defines the type of legal issue at the heart of the case.

Statute Barred

The legal deadline to initiate a lawsuit. Missing this deadline can prevent you from pursuing your claim.

Plenary Summons

A document issued by the court to formally start a lawsuit. It informs the defendant that they are being sued and outlines the basic claims.

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Defence

A written document submitted by the defendant to the court, admitting or denying the facts and claims made by the plaintiff in the statement of claim.

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Civil Procedure

The set of rules that govern how legal disputes are resolved in civil courts. It outlines the procedures for bringing, defending, and adjudicating lawsuits.

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Private Law Disputes

Disputes between private individuals or entities, such as businesses, that involve matters like personal injuries, breach of contract, or property disputes.

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Public Law Disputes

Legal actions challenging the State's decisions or actions based on Constitutional rights or seeking judicial review.

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Criminal Procedure

A wrong committed against society that is typically prosecuted by the State.

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Balance of Probabilities

The legal standard of proof in civil cases, where the party with the burden of proof must show that it is more likely than not that their claim is true.

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Beyond Reasonable Doubt

The legal standard of proof in criminal cases, requiring the prosecution to prove the defendant's guilt beyond any reasonable doubt.

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Plaintiff

The party initiating a civil lawsuit.

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Defendant

The party defending a lawsuit in court.

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Common Law

The legal system in Ireland combines elements of both common law and statute law. Common law is a system based on judicial precedent, where decisions in previous cases are used as binding authority for future cases.

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Stare Decisis

In Ireland, judges are bound to follow precedents set by higher courts - the Supreme Court sets the highest precedent for the entire country. This is known as stare decisis.

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Supreme Court

This court has the highest authority in Ireland and its decisions bind all other courts.

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Circuit Court Jurisdiction

The Circuit Court in Ireland hears cases with a monetary value up to €75,000. It can also hear specific types of cases, like personal injury claims (up to €60,000).

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District Court Jurisdiction

The District Court is the lowest level court in Ireland. It hears cases involving lower amounts of money (up to €15,000).

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What should you ask at the start of a case?

The process of a case in court involves a series of steps, from the initial stages to the final outcome. Understanding this cycle is crucial for navigating legal proceedings.

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Who should I sue?

In legal proceedings, it is necessary to determine the correct defendant(s)- those who are legally responsible for the harm or breach of contract.

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Study Notes

Introduction to Civil Procedure (Law 10270)

  • 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

  • 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

  • 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)

  • 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

  • Key courts (in Ireland):

    • Supreme Court
    • Court of Appeal
    • High Court
    • Central Criminal Court
    • Special Criminal Court
    • Circuit Court
    • District Court

  • 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

  • Limitations on claim amounts assigned different courts.

  • District Court: up to €15,000 (excluding defamation cases).

  • Circuit Court: up to €75,000 in general cases, €60,000 in personal injury claims

  • 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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Introduction To Civil Procedure PDF

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