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Questions and Answers
What does the law primarily regulate within a State?
What does the law primarily regulate within a State?
Which of the following is NOT considered a source of Irish law?
Which of the following is NOT considered a source of Irish law?
How did Irish law develop a character of its own after independence?
How did Irish law develop a character of its own after independence?
What are the maxims of equity?
What are the maxims of equity?
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What was the role of the Chancellor in the Court of Chancery?
What was the role of the Chancellor in the Court of Chancery?
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What is the main purpose of courts interpreting the rules of conduct?
What is the main purpose of courts interpreting the rules of conduct?
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Which statement regarding common law is true?
Which statement regarding common law is true?
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What does the term 'sources of law' encompass when referring to legal sources?
What does the term 'sources of law' encompass when referring to legal sources?
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What was the primary law-making body in Ireland from 1800 to 1922?
What was the primary law-making body in Ireland from 1800 to 1922?
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Which article of the 1937 Constitution states that older laws still apply unless conflicting?
Which article of the 1937 Constitution states that older laws still apply unless conflicting?
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What is the first stage in the process of a Bill becoming law in the Oireachtas?
What is the first stage in the process of a Bill becoming law in the Oireachtas?
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What happens during the Committee Stage of a Bill?
What happens during the Committee Stage of a Bill?
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What role does the Supreme Court have regarding laws that conflict with the Constitution?
What role does the Supreme Court have regarding laws that conflict with the Constitution?
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What does the Mischief Rule focus on in legal interpretation?
What does the Mischief Rule focus on in legal interpretation?
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Which of the following statements about the Oireachtas is correct?
Which of the following statements about the Oireachtas is correct?
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What percentage of voters chose to keep the Seanad in the 2013 referendum?
What percentage of voters chose to keep the Seanad in the 2013 referendum?
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Which principle states that those seeking equity must treat others fairly?
Which principle states that those seeking equity must treat others fairly?
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What does equity prioritize according to its principles?
What does equity prioritize according to its principles?
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What does the principle 'clean hands' imply in the context of equity?
What does the principle 'clean hands' imply in the context of equity?
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What was one major change brought about by the influence of equity on common law?
What was one major change brought about by the influence of equity on common law?
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What was the decision made by the King in 1615 regarding conflicts between equity and common law?
What was the decision made by the King in 1615 regarding conflicts between equity and common law?
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Which event led to the merging of equity and common law courts in Ireland?
Which event led to the merging of equity and common law courts in Ireland?
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What body is recognized as the only authority to make laws in Ireland since 1937?
What body is recognized as the only authority to make laws in Ireland since 1937?
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What was the voting outcome regarding the Seanad in 2013?
What was the voting outcome regarding the Seanad in 2013?
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What is the main purpose of subordinate legislation?
What is the main purpose of subordinate legislation?
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What is a disadvantage of subordinate legislation?
What is a disadvantage of subordinate legislation?
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Which type of delegated legislation involves procedural guidelines?
Which type of delegated legislation involves procedural guidelines?
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What does the Mischief Rule focus on?
What does the Mischief Rule focus on?
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What occurs when subordinate legislation is difficult to track?
What occurs when subordinate legislation is difficult to track?
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What is a Commencement Order?
What is a Commencement Order?
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How did Ireland's accession to the EEC affect its Constitution?
How did Ireland's accession to the EEC affect its Constitution?
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What does the Golden Rule strive to achieve in the context of law interpretation?
What does the Golden Rule strive to achieve in the context of law interpretation?
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What is the primary role of the Oireachtas in relation to EU law-making?
What is the primary role of the Oireachtas in relation to EU law-making?
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What is the doctrine of precedent primarily concerned with?
What is the doctrine of precedent primarily concerned with?
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Under the doctrine of stare decisis, what do lower courts have to do?
Under the doctrine of stare decisis, what do lower courts have to do?
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What does 'ratio decidendi' refer to in judicial precedent?
What does 'ratio decidendi' refer to in judicial precedent?
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Which of the following is a disadvantage of binding precedent?
Which of the following is a disadvantage of binding precedent?
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Binding precedent is characterized by which of the following?
Binding precedent is characterized by which of the following?
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What does 'obiter dictum' refer to in court rulings?
What does 'obiter dictum' refer to in court rulings?
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How does persuasive precedent differ from binding precedent?
How does persuasive precedent differ from binding precedent?
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Study Notes
What is Law?
- Law is a set of rules imposed by a state on its citizens to regulate behavior.
- Courts interpret these rules, determine if they've been broken, and impose sentences or compensation.
- Law evolves, reflecting societal values and institutions.
- It protects property rights, maintains public order, helps develop the economy, and addresses social problems.
Sources of Irish Law
- Historical sources: Common law and equity.
-
Legal sources:
- Legislation (statute law)
- Subordinate legislation
- The Irish Constitution 1937 (Bunreacht na hÉireann)
- European Union law
- Judicial precedent (statutory interpretation)
Common Law
- Ireland's legal system is based on English Common Law, introduced after a conquest that replaced the Brehon laws.
- Since independence in 1922, Ireland has developed its own legal system, including:
- Written Irish Constitution (Bunreacht na hÉireann)
- Separate statutes created since then.
Equity
- The law established by the King's Court and administered by the Court of Chancery was called equity.
- Initially, the Chancellor focused on fairness without rigid rules or procedures.
- The court began to follow past decisions and developed general principles called maxims of equity, still used today.
Maxims of Equity
- General legal principles that guide courts to make fair decisions.
- Examples include :
- "Equity will not suffer a wrong to be without a remedy."
- "He who comes to equity must come with clean hands."
Examples of Equity
- "Those who seek equity must do equity" - fair treatment requires fair conduct.
- "Equity looks to the intent rather than the form"- focuses on the purpose behind actions, beyond strict rules or appearance.
- "Those who come to equity must come with clean hands"- clean past actions are required for just treatment.
- "Equality is equity"- Equal treatment and opportunity for all involved.
Impact of Equity
- Equity complemented common law, not replaced it.
- Key contributions:
- Protection of rights not covered by common law.
- Improvement in dispute resolution.
- Flexible, discretionary remedies.
Law Merging: Equity and Common Law
- Clashes arose due to different approaches.
- In 1615, the King declared equity supreme in case of conflicts.
- By the 19th century, both systems followed precedent.
- The Judicature (Ireland) Act 1877 merged the two into one court.
- Equity still prevails in case of conflict.
Legislation or Statute Law
- Legal rules laid down by an institution with law-making power.
- Known as statutes.
- The evolution of law-making involves changes in power and institutions:
- English kings made the oldest laws before parliaments.
- Irish Parliament made laws until the Act of Union 1800.
- Britain made laws from 1800 to 1922.
- The Irish Free State made its own laws after formation in 1922.
- The Oireachtas of Saorstát Éireann made laws from 1922 to 1937.
- The Oireachtas makes laws for Ireland since 1937.
- The Oireachtas is the only body allowed to make laws, as stated in Article 15.2.1 of the Constitution.
- The Oireachtas consists of two parts: Dáil Éireann and Seanad Éireann, plus the President.
- In 2013, voters decided to retain the Seanad with 51.7% voting against its abolition.
How a Bill Becomes a Law
- A bill is a proposed new law.
- It goes through five stages in the Oireachtas:
- First Stage: Title presentation, passed then printed, else fails.
- Second Stage: Bill is shared, minister explains it to members.
- Committee Stage: Bill is examined, changes allowed.
- Report Stage: Further changes, government suggests final changes.
- Final Reading: Bill sent to the other house for a similar process, then becomes law.
Statutory Interpretation
- If a law (statute) or part of a law conflicts with the Constitution, the High Court can declare it invalid.
- The Supreme Court can review the case on appeal.
- Judges follow certain guidelines, not strict rules, to understand laws.
- Three main methods:
The Literal Rule
- Main method for interpreting law.
- Uses ordinary meaning of words unless a different definition or meaning is specified in the law.
The Mischief Rule
- Focuses on the purpose of the law, especially when it aims to address a specific problem or mischief.
- Steps:
- Identify the mischief: Investigate the issue before the law's creation.
- Purpose of the law: Consider its intended solution.
- Construction: Interpret the law to address that problem effectively.
- Example:
- A law to prevent business fraud.
- The mischief: Unethical business practices exploiting loopholes.
- The court applies a broad interpretation to cover any action leading to unfairness, even if not explicitly mentioned.
The Golden Rule
- Helps avoid unreasonable outcomes by slightly modifying the literal meaning of a law.
The Mischief Rule:
- Focuses on fixing the specific problem that the law was designed to address.
Subordinate (Delegated) Legislation
- Legislation created by authorities or individuals the Oireachtas has granted law-making power. This can include government ministers, public authorities, and local authorities.
- Purpose:
- Efficiency: Allows for speedier action, especially during emergencies, without requiring the Oireachtas to debate every detail.
- Flexibility: Can be changed or updated easily, unlike regular laws which require amendment through new legislation.
- Disadvantages:
- Can only be repealed, not amended, making updates difficult without replacing it entirely.
- The large volume of legislation can be challenging for the Oireachtas and the public to track.
- Lower accountability as many rules are made by unelected officials.
- Types of Delegated Legislation:
- Orders: Instructions for specific actions (e.g., when a new law comes into effect).
- Regulations: Detailed rules expanding on existing laws.
- Rules: Procedural guidelines.
European Union Law - Accession to the EEC
- Ireland joined the EEC in January 1973.
- This involved joining a larger group of countries working together economically.
- Impact on the Constitution: Before joining the EEC, the Irish Constitution was the highest law.
- The Oireachtas can influence EU law-making through its support of the Irish government.
Judicial Precedent
- The practice of applying legal principles established in previous similar cases by higher courts.
- Key concept: Stare decisis - "to stand by the decided," requiring courts to follow established precedents.
Types of Precedent
- Binding Precedent: Must be followed by lower courts.
- Persuasive Precedent: Can influence but does not have to be followed.
Binding Precedent
- Definition: A decision from a higher court that must be followed by lower courts.
- Key concepts:
- Ratio decidendi: The legal principle or reason for the decision.
- Obiter dictum: Comments by the judge not essential to the decision and not binding.
Advantages of Binding Precedent
- Consistency: Ensures similar cases are treated alike, promoting fairness.
- Certainty: Allows individuals to predict court outcomes based on established law.
- Flexibility: Facilitates the evolution of law as new cases arise.
Disadvantages of Binding Precedent
- Limited judicial discretion: Restricts judges' interpretation of law.
- Conflicting precedents: Different courts may create contradictory rulings.
- Complication of law: Judges may find unnecessary distinctions in cases.
Judicial Precedent and Court Hierarchy
- Court Status: The higher the court's status, the more binding its precedents are on lower courts.
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Description
This quiz covers the fundamental principles of law, including the sources of Irish law and the evolution of its legal system. It explores how law regulates behavior, the role of courts, and the historical context of common law in Ireland. Test your understanding of legislation, judicial precedent, and the impact of the Constitution.
