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?

<p>The ability to establish facts (A)</p> Signup and view all the answers

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

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

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

<p>To prevent corruption and abuse of power. (A)</p> Signup and view all the answers

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

<p>51 days (B)</p> Signup and view all the answers

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

<p>A punishment of no more than 12 months in prison or a fine of €3,000. (C)</p> Signup and view all the answers

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

<p>Lack of proper case management. (D)</p> Signup and view all the answers

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

<p>It fosters an environment for corruption. (C)</p> Signup and view all the answers

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

<p>Better systems are necessary to avoid delays. (D)</p> Signup and view all the answers

Why is transparency in the justice system emphasized?

<p>To gain public trust and accountability. (A)</p> 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?

<p>Lack of proper case management (A)</p> Signup and view all the answers

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

<p>17 days (D)</p> Signup and view all the answers

What does case management refer to in a court context?

<p>Organizing and streamlining court cases (A)</p> Signup and view all the answers

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

<p>Judges appointed constitutionally (B)</p> Signup and view all the answers

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

<p>It must be conducted openly in public (D)</p> Signup and view all the answers

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

<p>Complex cases were not managed efficiently (C)</p> 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?

<p>Sensitive family cases (D)</p> 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?

<p>It lacked proper case management structures (B)</p> Signup and view all the answers

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

<p>It illustrated the court's inefficiency in handling such matters (D)</p> Signup and view all the answers

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

<p>Article 38.5 (A)</p> Signup and view all the answers

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

<p>To reflect the will of the people through representatives (C)</p> Signup and view all the answers

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

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

What does substantive law primarily deal with?

<p>Rights and obligations of individuals (D)</p> Signup and view all the answers

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

<p>Article 40.6 (D)</p> Signup and view all the answers

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

<p>Prescribing conduct that is prohibited (A)</p> Signup and view all the answers

Which article discusses the right to education?

<p>Article 42 (C)</p> Signup and view all the answers

What does the law of torts primarily address?

<p>Compensation for private wrongs (B)</p> Signup and view all the answers

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

<p>Totality of the law's response to commerce (B)</p> Signup and view all the answers

Which article relates to the property rights of the citizen?

<p>Article 43 (A)</p> Signup and view all the answers

What is the primary function of the Oireachtas?

<p>To make laws for the state. (B)</p> Signup and view all the answers

Which of the following is an example of primary legislation?

<p>The Control of Bulls for Breeding Act 1985 (D)</p> Signup and view all the answers

What does secondary legislation typically provide?

<p>Detailed provisions to implement an Act. (A)</p> Signup and view all the answers

What is the role of judges in the judicial power?

<p>To determine rights and obligations under legislation. (A)</p> Signup and view all the answers

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

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

What describes the judicial function concerning earlier decisions?

<p>They are considered binding on later decisions. (B)</p> Signup and view all the answers

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

<p>Tort law rules on negligence (C)</p> Signup and view all the answers

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

<p>Adding new statutes to existing laws (C)</p> Signup and view all the answers

What might traders use to overcome legislative hurdles?

<p>Innovative sales techniques (B)</p> Signup and view all the answers

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

<p>Executive power (B)</p> Signup and view all the answers

Flashcards

Transparency in Justice (Irish Times v. Ireland)

Justice should happen in public to ensure fairness and honesty, preventing corruption and abuse of power. It's essential in a true democracy. This is not just about satisfying curiosity, but ensuring transparency and accountability.

What's a 'minor' offense?

A minor offense has limited punishment (max 1 year in prison or €3,000 fine). This helps courts classify crimes by their severity.

Why Was Reade v. Judge Reilly So Long?

The delay in Reade v. Judge Reilly highlighted the importance of proper case management in courts. Without efficient systems, cases can drag on for far too long.

What is Case Management?

Structures or systems designed to organize and streamline court cases to save time and resources.

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Excessive Court Time

The amount of time spent on a case, which should be reasonable and balanced.

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What Causes Delays in Court?

Delay happens when courts lack the tools to manage cases effectively. This leads to inefficiency and frustration.

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Reade v. Judge Reilly (Case Length)

A case that lasted 51 days in the High Court and 17 days in the Supreme Court, highlighting the problem of excessive court time.

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District Court

The lowest level court in Ireland, handling both civil and criminal cases.

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Circuit Court

A court with broader jurisdiction than the District Court, handling cases involving higher amounts of money and more serious crimes.

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High Court

The highest court in Ireland, handling serious criminal cases like murder and rape.

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The Commercial Court

A specialized court within the High Court focused on commercial disputes, using a faster process and encouraging settlements.

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Delay in Legal Cases

A major setback for justice, creating distress, delaying solutions, and making it harder to find the truth.

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Constitution

The supreme law of the land, establishing the legal, court, and political system, and outlining fundamental rights.

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Legislation

Laws made by the Oireachtas (Parliament), consisting of statutes or Acts.

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Court Cases

Official interpretations and developments of law made by judges in legal cases.

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Legislative Power

The power to create laws for the state.

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Executive Power

The power to put laws and policies of the state into action.

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Judicial Power

The power to interpret and resolve disputes regarding the meaning and application of laws.

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Legislation

Laws enacted by the Oireachtas and signed into law by the President.

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Primary Legislation

Primary legislation refers to Acts of the Oireachtas.

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Orange Communications Ltd v Director of Telecommunications Regulation

A complex and lengthy legal case that highlighted the need for efficient case management in Irish courts.

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Secondary Legislation

Secondary legislation are rules formulated and signed by the Minister under delegated authority.

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Common Law

Judge-made rules based on previous court decisions, contributing to the development of legal principles.

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Case management

Structures and processes designed to organize and streamline court cases, aiming to improve efficiency and reduce delays.

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Article 34.1 of the Irish Constitution

A legal principle that states that courts should be established by law and judges should be appointed according to the Constitution. It also emphasizes the importance of public trials, ensuring transparency and accountability in the justice system.

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Justice

The act of applying and administering justice within the framework of established legal systems.

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Public Justice

The principle of openness in the justice system, allowing people to observe court proceedings, promoting transparency and public confidence in the legal processes.

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Special and Limited Cases

Exceptions to the general rule of public justice, allowing for private court proceedings in specific situations determined by law. These exceptions are usually justified by the need to protect sensitive information or individuals involved.

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Irish Court System

The court system in Ireland, responsible for overseeing legal proceedings and administering justice.

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Supreme Court of Ireland

The highest court in Ireland, responsible for resolving appeals from lower courts and setting legal precedents.

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High Court of Ireland

The court in Ireland responsible for hearing a wide range of civil and criminal cases.

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What is the purpose of the law?

The system of rules that govern behavior in a society, enforced by a sovereign power like the government. It defines rights, imposes obligations, and aims to protect important interests.

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What is substantive law?

A type of law that establishes rights and obligations in specific areas, such as contract law, criminal law, or family law.

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What is procedural law?

A type of law that outlines the procedures for applying substantive law. This includes rules on evidence, court procedures, and how legal disputes are resolved.

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What is constitutional law?

A type of law that deals with power, functions of the State, and rights of citizens. It sets fundamental rules for how the government operates and how it interacts with individuals.

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What is criminal law?

A type of law that defines and punishes illegal acts that violate the law and harm society.

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What is contract law?

A type of law that governs interactions between individuals and organizations, especially business agreements and obligations.

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What is the law of torts?

A type of law that provides compensation for injuries or damages caused by wrongful actions of others.

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What is business law?

Business law is a broad area spanning various legal aspects that affect businesses. It includes contracts, property, employment, intellectual property, and regulations.

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Is business law public or private law?

Business law is a combination of public and private law, as it involves the interaction of businesses with the government and other individuals or businesses.

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Why is business law dynamic?

Business laws are constantly evolving to adapt to new technologies, business practices, and societal changes. They must remain relevant to the current economic environment.

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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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