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Questions and Answers
Which article of the Constitution emphasizes judicial independence?
Which article of the Constitution emphasizes judicial independence?
What is one limitation of the Judicial Appointments Advisory Board?
What is one limitation of the Judicial Appointments Advisory Board?
What significant process is involved in the removal of a judge from office?
What significant process is involved in the removal of a judge from office?
In which case was the motion to impeach a judge initiated?
In which case was the motion to impeach a judge initiated?
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Which body was established to ensure proper conduct within the judiciary?
Which body was established to ensure proper conduct within the judiciary?
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What event led to Justice Seamus Wolfe being involved in a controversy?
What event led to Justice Seamus Wolfe being involved in a controversy?
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What does the Judicial Appointments Commission Bill 2022 pertain to?
What does the Judicial Appointments Commission Bill 2022 pertain to?
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Which act governs the appointment and qualification of judges?
Which act governs the appointment and qualification of judges?
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Which court in Ireland has the authority to make minor changes to the court system?
Which court in Ireland has the authority to make minor changes to the court system?
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What is the primary function of a court?
What is the primary function of a court?
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Which of the following courts is considered a court of first instance in the Irish legal system?
Which of the following courts is considered a court of first instance in the Irish legal system?
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What must occur for major changes to be made to the court system in Ireland?
What must occur for major changes to be made to the court system in Ireland?
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Which of the following courts is NOT classified as a superior court?
Which of the following courts is NOT classified as a superior court?
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What is the primary role of the Courts Service in Ireland?
What is the primary role of the Courts Service in Ireland?
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What type of cases can the High Court hear in its capacity as the Central Criminal Court?
What type of cases can the High Court hear in its capacity as the Central Criminal Court?
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Which of the following statements about 'in camera' hearings is correct?
Which of the following statements about 'in camera' hearings is correct?
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Study Notes
Irish Legal System - Courts and Legal Personnel
- The Irish legal system has courts and legal personnel that function according to the Constitution and legislation.
- A court's function is outlined by Articles 34-37 of the Constitution.
- Detailed rules are established by legislation, including the Courts (Establishment and Constitution) Act 1961 and the Courts and Court Officers Act 1995.
- The Courts Act 2023 allows for minor changes to the court system.
- Substantial changes necessitate a constitutional amendment, like the 33rd Amendment (2013) for the new Court of Appeal.
- Cases are generally heard in public ("open justice").
- Some hearings are held "in camera."
- Cases heard "in camera" include instances where contempt of court interferes with justice administration, or criminal proceedings
- The Court of Appeal, High Court, Circuit Court, and District Court, are part of the broader system.
- Courts of First Instance deal with initial cases.
- Courts of Appeal evaluate decisions from lower courts. Higher courts include the Court of Appeal and the Supreme Court.
- Inferior courts deal with lesser jurisdiction issues, including local and limited jurisdiction matters.
- The District and Circuit Courts are part of the inferior court system.
- Court structure is detailed in further slides.
The Courts System
- Components of the Irish courts system include Courts of First Instance, Courts of Appeal, Superior Courts (High Court, Court of Appeal, Supreme Court), and Inferior Courts (District & Circuit Courts) with varying jurisdictions.
- The system is organized regionally.
- The Irish Courts Service Act 1998 details the administration of the courts. Including the role of the Courts Service, and judicial funding and reporting.
- The Courts Service and its funding, role, and the annual report are part of the larger system.
- The structure of the courts is further elaborated on subsequent slides.
The Supreme Court
- The Supreme Court is the highest court of appeal in Ireland.
- It can determine the constitutionality of legislation referred to it by the President.
- It has the power to address questions of the President's permanent incapacity.
- Cases are generally decided by a panel of three judges, with the possibility of a larger panel (up to seven).
Court of Appeal
- The Court of Appeal was established through a referendum and the 33rd Amendment (2013).
- Its composition and jurisdiction are detailed.
High Court
- The High Court is the highest court in Ireland with original power to handle civil and criminal matters.
- This court has the jurisdiction to make decisions on the constitutionality of laws, and can determine civil lawsuits.
- The High Court handles serious crimes involving murder and other specified offenses.
- When sitting as the Central Criminal Court, the High Court deals with these cases.
Circuit Court
- The Circuit Court is a court of limited jurisdiction, handling civil cases up to €75,000.
- It handles family law matters, including divorce and domestic violence.
- It has jurisdiction over criminal cases (excluding those heard in the Central Criminal Court).
- It acts as an appeals court for decisions from the District Court.
District Court
- The District Court deals with civil issues with a €15,000 cap.
- It handles less serious criminal cases, including most traffic-related offenses.
- Cases fitting the criteria can be heard by the Small Claims Procedure.
- It also hears maintenance, custody, and access cases.
Appointment and Qualification of Judges
- Judges are appointed through defined processes including those established under the Courts and Courts Officers Act 1995.
- Both formal and informal processes exist, with potential political influences.
- The Judicial Appointments Commission is a body tasked with judicial appointments.
- The Judicial Appointments Advisory Board (JAAB) is involved in the formal and processes for judicial appointments.
Judicial Council Act 2019
- The Judicial Council Act of 2019 established the Judicial Council, detailing its function and composition.
- A Judicial Conduct Committee was implemented in October 2022 under that Act.
The Legal Profession
- The legal profession in Ireland is divided into two main branches: solicitors and barristers.
- Both have different roles in legal practice.
Solicitors
- The regulatory body for solicitors in Ireland is the Law Society of Ireland.
- Solicitors are admitted to the profession by the Law Society.
- Disciplinary tribunals are in place to address misconduct.
- Compensation funds protect clients in certain situations.
Barristers
- Barristers are members of the Honourable Society of the King's Inns.
- Formal training and admission processes are maintained by the King's Inns.
- Barristers often specialize in particular legal specialties or areas of practice.
Removal of Judges
- Article 35, among other pertinent legislation, governs the removal of supreme court and high court judges.
- Removal of judges is possible, through specific legal processes, in cases of misconduct or incapacity.
Judicial Conduct
- Court decisions from specific cases, including the Sheedy case, the Curtin case, and the case of "Golfgate" illustrate examples in which judicial behavior or procedure is examined.
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Description
Explore the intricacies of the Irish legal system with this quiz, focusing on the roles and functions of various courts and legal personnel as defined by the Constitution and relevant legislation. Learn about the different court levels, amendments, and the principles of open justice. Test your knowledge on important acts that shape the legal framework in Ireland.
