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Questions and Answers
What is the primary function of the law in society?
What is the primary function of the law in society?
Which of the following is NOT considered an essential element of a legal system?
Which of the following is NOT considered an essential element of a legal system?
In the context of Irish law, which statement best defines 'jurisdiction'?
In the context of Irish law, which statement best defines 'jurisdiction'?
What does the law primarily act as a deterrent for?
What does the law primarily act as a deterrent for?
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Which of the following correctly describes a 'legal rule'?
Which of the following correctly describes a 'legal rule'?
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What is a fundamental characteristic of criminal law?
What is a fundamental characteristic of criminal law?
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In Irish law, what standard must be met to establish guilt in a criminal case?
In Irish law, what standard must be met to establish guilt in a criminal case?
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Who initiates the prosecution in criminal cases in Ireland?
Who initiates the prosecution in criminal cases in Ireland?
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What does the presumption of innocence entail in criminal law?
What does the presumption of innocence entail in criminal law?
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In what type of court are serious criminal cases heard in Ireland?
In what type of court are serious criminal cases heard in Ireland?
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What is the primary difference between substantive law and procedural law?
What is the primary difference between substantive law and procedural law?
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Which of the following is an example of public law?
Which of the following is an example of public law?
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In which area of law can public bodies be sued?
In which area of law can public bodies be sued?
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Which of the following is a characteristic of substantive law?
Which of the following is a characteristic of substantive law?
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Which court case exemplifies the citation of Irish law?
Which court case exemplifies the citation of Irish law?
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What is the purpose of the separation of powers in government?
What is the purpose of the separation of powers in government?
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Which branch of government is responsible for making laws in Ireland?
Which branch of government is responsible for making laws in Ireland?
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What does the term 'legal personality' refer to?
What does the term 'legal personality' refer to?
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Which of the following best describes the Rule of Law?
Which of the following best describes the Rule of Law?
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What key event occurred in 1922 in the context of Irish Law?
What key event occurred in 1922 in the context of Irish Law?
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Which of the following is NOT a characteristic of civil law?
Which of the following is NOT a characteristic of civil law?
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What does 'burden of proof' refer to in legal terms?
What does 'burden of proof' refer to in legal terms?
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What major constitutional development occurred in Ireland in 1937?
What major constitutional development occurred in Ireland in 1937?
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What is the primary aim of criminal law?
What is the primary aim of criminal law?
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In a civil case, who carries the burden of proof?
In a civil case, who carries the burden of proof?
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What happens if a defendant is found guilty in a criminal case?
What happens if a defendant is found guilty in a criminal case?
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What standard of proof must be met in a criminal case?
What standard of proof must be met in a criminal case?
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What is the name of the individual who brings a civil case?
What is the name of the individual who brings a civil case?
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Which of the following is a common remedy in civil law cases?
Which of the following is a common remedy in civil law cases?
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What is meant by 'dual liability'?
What is meant by 'dual liability'?
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Which court hears civil cases primarily in Ireland?
Which court hears civil cases primarily in Ireland?
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What does 'costs follow the event' mean in a civil case?
What does 'costs follow the event' mean in a civil case?
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What is a characteristic of mandatory minimum sentences in Irish law?
What is a characteristic of mandatory minimum sentences in Irish law?
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Study Notes
Irish Legal System - Key Principles
- Law is a set of rules imposed by the state to regulate conduct.
- Courts interpret these rules and decide on violations, penalties, and compensation.
- A certain standard of behaviour is maintained to benefit society.
- Law aims to regulate individual behaviour in society.
- Legal principle: the underlying concept behind the law.
- Legal rule: puts the principle into practice.
- Legal procedure: rules for court processes and evidence.
- Jurisdiction: the geographical area where a law applies.
Characteristics of Irish Law
- Acts as a guide for behaviour.
- Governed by institutions.
- Compulsory in nature.
Functions of Irish Law
- Outlines rules for behaviour in society.
- Acts as a deterrent to crime.
- Punishes wrongdoers.
- Enables those wronged to seek compensation.
- Enforces legal rights and obligations.
Essential Elements of a Legal System
- Rules that prohibit certain behaviours.
- Rules that require compensation for wrongdoing.
- Rules that regulate agreements between people.
- A system of courts to enforce these rules.
- A body to make and amend/repeal laws.
Criminal Law
- Deals with conduct the state prohibits.
- Punishments are varied and defined by the state.
- A criminal act is considered a wrong against the state.
- Victims are witnesses, but do not control proceedings.
- The decision to prosecute is the state's responsibility (not the victim).
Criminal Law v Civil Law
- Criminal: Prosecution vs. Defendant. State initiates. Criminal courts. Minor - judge, major - judge/jury (exception for Special Criminal Court).
- Presumption of Innocence: Accused is innocent until proven guilty. State bears the burden of proof.
- Proof must be beyond a reasonable doubt.
- Civil: Plaintiff vs. Defendant. Plaintiff initiates. Civil courts.
- Burden of proof is on the plaintiff. Standard of proof is the balance of probabilities.
Criminal Law - Key Aspects
- The final decision in a criminal case is a verdict (guilty or not guilty).
- 'Not guilty' results in release with no record.
- 'Guilty' results in sentencing and a criminal record; may need to be held in custody until sentencing.
- Each criminal offense has a maximum sentence.
- Minimum/mandatory sentences are rare in Ireland. Judges have sentencing discretion.
Civil Law
- Deals with private wrongs between two individuals or entities.
- It is the individual wronged that initiates the case (not the state).
- The case name lists the parties involved.
- Plaintiff carries the burden of proof.
- A civil case must be proven on a balance of probabilities.
- The defendant liability is determined in court.
- Damages and court orders (injunctions) are common outcomes. Costs follow the event (successful party receives costs from unsuccessful party).
Dual Liability
- A single action can lead to both criminal and civil liability.
- Examples are potential criminal and civil cases when an individual drives intoxicated causing harm to another.
Key Differences Between Criminal and Civil Law
| Feature | Criminal Law | Civil Law |
|---|---|---|
| Aims | Deter crime, punish wrongdoers | Compensate for loss/enforce rights |
| Parties | DPP/State (Gardaí) vs. Accused | Plaintiff vs. Defendant |
| Standard of Proof | Beyond a reasonable doubt | On the balance of probabilities |
| Courts | District/Circuit Criminal/Special Criminal Court/Court of Appeal/Supreme Court | District/Circuit Court/High Court/Court of Appeal/Supreme Court |
| Alternative to Court | None | Tribunals, Arbitration, Mediation |
| Penalties/Remedies | Fine/Imprisonment | Damages, Injunctions, etc. |
Divisions of Law
- Substantive and Procedural Law
- Substantive law: Primary rules governing conduct.
- Procedural law: Rules implementing substantive law (e.g., evidence, criminal procedure).
- These are interdependent.
Public and Private Law
- Public Law: Involves the state (e.g., criminal, immigration, constitutional, planning, tax law).
- Private Law: Disputes between individuals/entities without direct state involvement and examples are Law of Tort, Law of Contract, Land Law, and suing a public body for negligence.
The Development of the Irish Legal System
- Brehon Law.
- Common Law (English law introduction in 12th century).
- 20th-century development (e.g., fight for independence, Anglo/Irish Treaty, 1922 Constitution, new court system).
- 1937 Constitution.
- EU membership (1973)
- Belfast Agreement (1998).
Legal Personality
- Individuals and entities recognised as having legal rights within the Irish legal system.
- Natural persons and artificial entities (like companies).
- Significance in company law (separate legal personality).
The Rule of Law
- The state is subject to the law.
- Limited governmental power (legislative power).
- Government functions according to legal rules.
- Legal rights/obligations are clearly defined.
- Individuals have fair notice of the law governing their conduct.
- Government must follow the principles of separation of powers.
Separation of Powers
- Government divided into three branches (legislative, executive, judicial) with checks and balances.
- Prevents power concentration in any one branch.
Discussion Questions (from slides)
- Define law with its characteristics.
- Outline differences between civil and criminal law, with examples.
- Explain "separation of powers."
- Explain why a crime is a public wrong.
- Explain the concepts of "burden of proof" and "standard of proof."
Learning Outcome
- Describe fundamental principles governing the Irish Legal System.
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Description
Explore the foundational principles and characteristics of the Irish legal system. This quiz covers the roles of laws, the concept of jurisdiction, and the essential elements that constitute a legal framework. Test your understanding of how law regulates behavior and maintains societal order.
