Irish Legal Cases Overview

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Questions and Answers

What is the maximum amount the District Court can award in damages for personal injury cases?

€60,000 (correct)

€100,000

€50,000

€75,000

Which court is responsible for hearing serious criminal cases such as murder and rape?

Central Criminal Court (correct)

District Court

Circuit Court

High Court

Which is NOT a characteristic of the Commercial Court?

Flexible case management rules

Established to deal with family law disputes (correct)

Judges are expert in commercial matters

Fast track division of the High Court

What does delay in legal proceedings most significantly affect according to Lord Woolf?

The ability to establish facts Signup and view all the answers

Which court has jurisdiction to initiate a constitutional challenge to legislation?

High Court Signup and view all the answers

What is the main reason justice should be administered in public?

To prevent corruption and abuse of power. Signup and view all the answers

In the case of Reade v. Judge Reilly, how long did the case take to resolve in total?

51 days Signup and view all the answers

What defines a minor offense according to the explanation in the content?

A punishment of no more than 12 months in prison or a fine of €3,000. Signup and view all the answers

What was identified as a major reason for the delay in the Reade v. Judge Reilly case?

Lack of proper case management. Signup and view all the answers

What impact does secrecy in the justice system have according to the content?

It fosters an environment for corruption. Signup and view all the answers

What suggestion was made regarding court systems in the case of Reade v. Judge Reilly?

Better systems are necessary to avoid delays. Signup and view all the answers

Why is transparency in the justice system emphasized?

To gain public trust and accountability. Signup and view all the answers

What was one of the primary reasons for the excessive court time in the case of Orange Communications Ltd v Director of Telecommunications Regulation?

Lack of proper case management Signup and view all the answers

How many days did the case take in the Supreme Court?

17 days Signup and view all the answers

What does case management refer to in a court context?

Organizing and streamlining court cases Signup and view all the answers

According to Article 34.1 of the Constitution, who is responsible for administering justice?

Judges appointed constitutionally Signup and view all the answers

What must happen for justice to be deemed fair and trustworthy, as stated in Article 34.1?

It must be conducted openly in public Signup and view all the answers

What issue is highlighted by the case of Orange Communications Ltd regarding the state of the court?

Complex cases were not managed efficiently Signup and view all the answers

Which of the following is a permissible exception to the public administration of justice as per Article 34.1?

Sensitive family cases Signup and view all the answers

What can be inferred about the situation in the High Court at the time of the hearing of Orange Communications Ltd?

It lacked proper case management structures Signup and view all the answers

What is the significance of the long duration of the Orange Communications Ltd case?

It illustrated the court's inefficiency in handling such matters Signup and view all the answers

Which article guarantees the right to trial by jury with exceptions?

Article 38.5 Signup and view all the answers

What is the main function of law in a democracy as mentioned in the content?

To reflect the will of the people through representatives Signup and view all the answers

Which of the following is NOT a type of law mentioned in the text?

Administrative law Signup and view all the answers

What does substantive law primarily deal with?

Rights and obligations of individuals Signup and view all the answers

Which article relates to the right to freedom of speech, assembly, and association?

Article 40.6 Signup and view all the answers

What is the focus of criminal law as defined in the content?

Prescribing conduct that is prohibited Signup and view all the answers

Which article discusses the right to education?

Article 42 Signup and view all the answers

What does the law of torts primarily address?

Compensation for private wrongs Signup and view all the answers

Which of the following concepts is closely associated with business law?

Totality of the law's response to commerce Signup and view all the answers

Which article relates to the property rights of the citizen?

Article 43 Signup and view all the answers

What is the primary function of the Oireachtas?

To make laws for the state. Signup and view all the answers

Which of the following is an example of primary legislation?

The Control of Bulls for Breeding Act 1985 Signup and view all the answers

What does secondary legislation typically provide?

Detailed provisions to implement an Act. Signup and view all the answers

What is the role of judges in the judicial power?

To determine rights and obligations under legislation. Signup and view all the answers

Which of the following is NOT a source of law mentioned?

Religious law Signup and view all the answers

What describes the judicial function concerning earlier decisions?

They are considered binding on later decisions. Signup and view all the answers

Which of the following laws is developed primarily through case law?

Tort law rules on negligence Signup and view all the answers

Which of these actions is NOT a role of judicial power?

Adding new statutes to existing laws Signup and view all the answers

What might traders use to overcome legislative hurdles?

Innovative sales techniques Signup and view all the answers

What type of power refers to the ability to implement laws and policies?

Executive power Signup and view all the answers

Study Notes

Irish Times v Ireland [1998] 1 IR 359

Justice must be administered publicly, not just to satisfy curiosity, but because secrecy breeds corruption and abuse of power. Openness is essential in a democracy.

Reade v. Judge Reilly [2007] 1 I.L.R.M. 504

The case took an extremely long time to resolve (51 days in the High Court, 17 days in the Supreme Court).
Delay was due to a lack of proper case management in the High Court at the time.
This case highlighted the need for better systems to manage complex cases efficiently.

Orange Communications Ltd v Director of Telecommunications Regulation [2000] IESC 22

The case took a significant amount of court time (51 days in High Court, 17 days in court).
This was in part due to the absence of appropriate case management structures in the High Court at that time.
The case demonstrated the problem of lack of effective systems for managing complex cases.

Article 34.1 of the Constitution

Justice must be administered in courts established by law, by judges appointed according to the Constitution.
Except in cases prescribed by law, justice shall be administered publicly.

Court System

Ireland has a hierarchical court system (District, Circuit, High, Court of Appeal, Supreme Court).
Lower courts deal with less serious matters; higher courts review decisions or manage complex cases.

Commercial Court

Established in 2004 to expedite commercial disputes.
A specialized division within the High Court.
Offers a fast-track system with strict timelines for managing commercial cases.

Civil Law

Deals with disputes between individuals or organizations.
Usually seeks monetary compensation or specific performance.
Standard of proof is "balance of probabilities."

Criminal Law

Concerns actions that harm society, punishable by the state.
Examples include theft, assault, and fraud.
Standard of proof is "beyond reasonable doubt."

Employment Law

Governs the rights and duties between employers and employees.
Protects workers' wages, working conditions, and from unfair treatment.

Tort Law

Deals with civil wrongs causing harm to someone, either intentionally or accidentally.
Compensates the injured party.

Consumer Law

Protects consumers regarding product safety, quality, and fitness for purpose.
Allows consumers to seek repair, replacement, or refunds for faulty products.

Data Protection Law

Protects personal information by controlling the collection, storage, and use of data.
Restricts how organizations can share or use personal information.

Chain of Conflict

Disputes escalate through various stages, from problem to violence, and potentially de-escalation or resolution.
The process emphasizes the potential for choices at each stage that prevent escalation.

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Description

This quiz covers significant Irish legal cases including 'Irish Times v Ireland', 'Reade v. Judge Reilly', and 'Orange Communications Ltd v Director of Telecommunications Regulation'. Each case highlights important themes such as the need for public justice and effective case management. Test your knowledge of these landmark decisions in Irish law.