Irish Legal System - Key Principles
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Questions and Answers

What is a crime regarded as in terms of legal responsibility?

  • An administrative violation
  • A civil infraction
  • A private wrong
  • A public wrong (correct)

The victim in a criminal case has control over the prosecution process.

False (B)

What burden of proof lies with the state in a criminal prosecution?

The burden of proof lies with the state to establish guilt beyond a reasonable doubt.

In criminal law, the accused is presumed ______ until proven guilty.

<p>innocent</p> Signup and view all the answers

Match the following terms to their definitions:

<p>Burden of Proof = The obligation to prove one's assertion Presumption of Innocence = Accused is considered innocent until proven guilty DPP = Director of Public Prosecutions Gardai = Irish police force</p> Signup and view all the answers

What is the primary function of law according to the content?

<p>To act as a deterrent to crime (D)</p> Signup and view all the answers

The Irish legal system allows for individuals to recover compensation if they have been wronged.

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

What are the two main types of legal cases brought before the Irish courts?

<p>Criminal law cases and civil law cases</p> Signup and view all the answers

The law is imposed by a state to regulate __________ conduct within that state.

<p>human</p> Signup and view all the answers

Match the key principles of Irish law with their descriptions:

<p>Legal principle = The idea behind the law Legal rule = The law which puts the principle into practice Legal procedure = The rules relating to court procedure and evidence Jurisdiction = The geographical area where a law applies</p> Signup and view all the answers

Which of the following is an example of Public Law?

<p>Criminal Law (B)</p> Signup and view all the answers

Private Law involves disputes where the state is directly involved.

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

Name one type of law that is considered Substantive Law.

<p>Criminal Law</p> Signup and view all the answers

The area of law that involves the state is called ______.

<p>Public Law</p> Signup and view all the answers

Match the following types of law with their definitions:

<p>Substantive Law = Governs conduct in a particular context Procedural Law = Governs the implementation of the primary rules Public Law = Involves the state Private Law = Disputes between individuals or private entities</p> Signup and view all the answers

What is the primary aim of criminal law?

<p>Deter crime and punish wrongdoers (D)</p> Signup and view all the answers

A plaintiff in a civil case must prove their case beyond a reasonable doubt.

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

What is the term used for the burden of proof in a civil case?

<p>Balance of probabilities</p> Signup and view all the answers

In criminal cases, the accused may be found ______ or not guilty.

<p>guilty</p> Signup and view all the answers

Match the following statements with their correct law type:

<p>DPP prosecutes serious offences = Criminal Law Plaintiff brings the case = Civil Law The standard of proof is 'beyond a reasonable doubt' = Criminal Law Damages are the most common remedy = Civil Law</p> Signup and view all the answers

Which of the following courts typically hears civil cases?

<p>Circuit Court (A)</p> Signup and view all the answers

A criminal case can also involve damages as a remedy.

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

What is an example of a case that might involve both criminal and civil law?

<p>Driving under the influence causing injury</p> Signup and view all the answers

The legal principle that _____ follows the event refers to who pays legal costs in a civil case.

<p>costs</p> Signup and view all the answers

Match the following key terms with their descriptions:

<p>Defendant = The person being sued in civil law Guilty = Verdict in a criminal case leading to sentencing Damages = Compensation awarded in civil law Balance of probabilities = Standard of proof in civil cases</p> Signup and view all the answers

What is the primary purpose of the separation of powers in government?

<p>To prevent any one branch from becoming too powerful (B)</p> Signup and view all the answers

Legal personality refers only to natural persons.

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

What does the Rule of Law signify in governance?

<p>The state is bound by the law, and government functions according to established legal rules.</p> Signup and view all the answers

The _______ is the Irish legislative body responsible for making laws.

<p>Oireachtas</p> Signup and view all the answers

Match the following years to their significance in Irish legal history:

<p>1922 = Constitution &amp; the Irish Free State 1937 = Bunreacht na hÉireann 1973 = Membership of the European Union 1998 = The Belfast Agreement (Good Friday Agreement)</p> Signup and view all the answers

Which of the following is an example of a public wrong?

<p>Theft of personal property (D)</p> Signup and view all the answers

Briefly explain what is meant by 'burden of proof'.

<p>The burden of proof refers to the obligation to prove one's assertion or claim in a legal dispute.</p> Signup and view all the answers

In Irish law, the executive branch is responsible for interpreting and applying the law.

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

Flashcards

Irish Legal System

A system of principles, rules, and procedures regulating conduct in Irish society.

Legal Principle

The underlying idea or concept behind a law.

Legal Rule

A law that puts a legal principle into action.

Functions of Law

The purposes of the law, including guiding behavior, deterring crime, punishing wrongdoers, and providing compensation.

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Legal System Elements

The essential components of a legal system, including rules about behavior, compensation for wrongs, agreements, courts, and lawmaking bodies.

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Criminal Law

Conduct prohibited by the state, punishable by sanctions. It's a wrong against the state, not the individual victim.

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Criminal v Civil Law

Criminal cases are prosecuted by state, while civil cases are between individuals. The state, not the victim decides if a case will be prosecuted.

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Presumption of Innocence

The accused is innocent until proven guilty by the state beyond a reasonable doubt.

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Standard of Proof - Beyond Reasonable Doubt

A very high degree of certainty required to find someone guilty in a criminal case.

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Criminal Court Proceedings

Criminal proceedings are started by the State and heard in criminal courts, varying from minor cases heard by a judge to serious cases heard by a judge and jury (or Special Criminal Court).

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Substantive Law

Primary rules governing conduct in a specific area (e.g., Criminal Law, Contract Law).

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Procedural Law

Rules governing the implementation of substantive laws (e.g., Law of Evidence, Criminal Procedure).

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Public Law

Involves the state; laws concerning the state's relationship with citizens (e.g., Criminal Law, Immigration Law).

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Private Law

Deals with disputes between individuals or private entities (e.g., Contract Law, Tort Law).

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Interdependence of Law

Substantive and procedural laws rely on each other for effective application.

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Irish Legal System Development

The evolution of Irish laws from Brehon Law, through English common law incorporation, to modern Irish law in the 20th century; influenced by independence movements, treaties, and constitutional development.

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Criminal Law

Deals with crimes against the state, punished by fines or imprisonment.

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Legal Personality

The recognition of an individual or entity as having rights and responsibilities under the law.

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Civil Law

Deals with private disputes between individuals or entities. Aims to compensate the injured party.

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Rule of Law

The principle that everyone, including the government, is subject to and accountable under the law.

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Verdict (Criminal)

The final decision in a criminal trial, either guilty or not guilty.

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Separation of Powers

The division of government power among the legislative, executive, and judicial branches.

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Plaintiff

The person who brings a civil lawsuit (in UK: claimant).

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Defendant

The person against whom a civil or criminal case is filed.

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Legislative Power

The power of the Oireachtas to make laws.

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Standard of Proof (Criminal)

Beyond a reasonable doubt, high burden of proof, needed for conviction.

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Executive Power

The power of the Government to execute, or carry out, the law.

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Judicial Power

The power of the Courts to interpret and apply the law.

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Standard of Proof (Civil)

On the balance of probabilities, lower burden of proof.

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Brehon Law

The traditional, customary legal system of early Ireland.

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Dual Liability

One action can lead to both criminal and civil legal consequences.

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Remedy (Civil)

Compensation or action to correct a civil wrong, like damages or injunction.

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Costs Follow the Event

The losing party usually pays the winning party's legal fees in civil cases.

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Study Notes

  • A crime is an act that is considered to be against the law and therefore punishable by the state
  • The victim in a criminal case generally has limited control over the prosecution process
  • The state has the burden of proof in a criminal prosecution, meaning that the state must prove the defendant's guilt beyond a reasonable doubt
  • In criminal law, the accused is presumed innocent until proven guilty
  • The primary function of law is to regulate the behavior of individuals and society
  • The Irish legal system offers redress for individuals who have suffered a wrong, through mechanisms like compensation and legal action
  • The two main types of legal cases brought before Irish courts are criminal and civil cases
  • The law is imposed by a state to regulate conduct within that state

Key Principles of Irish Law

  • Rule of Law: The principle that everyone, including those in power, is subject to the law
  • Separation of Powers: The division of government power between the legislative, executive, and judicial branches
  • Natural Justice: The principle that everyone has a right to a fair hearing before the law
  • Equality Before the Law: The principle that everyone is treated equally before the law

Types of Law

  • Public Law: Deals with the relationship between individuals and the state. An example of public law is criminal law
  • Private Law (Civil Law): Focuses on the relationships between individuals. It does not directly involve the state in disputes, although the state may act as a neutral referee in the dispute
  • Substantive Law: Defines rights and obligations, such as contract law or tort law

Criminal Law

  • The primary aim of criminal law is to deter crime and punish offenders
  • In criminal cases, the burden of proof lies with the state
  • The accused in a criminal case may be found guilty or not guilty

Civil Law

  • A plaintiff in a civil case must prove their case on the balance of probabilities, also known as the balance of proof
  • In civil cases, the party that loses the case typically has to pay the legal costs of the winning party, referred to as "costs follow the event"

Public and Private Wrongs

  • A public wrong, also known as a crime, is an act that is considered to be against the law and therefore punishable by the state
  • A private wrong is an act that causes harm to an individual, but does not necessarily violate criminal law

Burden of Proof

  • The burden of proof refers to the responsibility to prove a particular fact in a legal proceeding
  • In a criminal case, the burden of proof lies with the state, and they must prove the defendant's guilt beyond a reasonable doubt
  • In a civil case, the burden of proof lies with the plaintiff, and they must prove their case on the balance of probabilities
  • The Irish legal system is based on common law, meaning that laws are developed through judicial decisions
  • The Oireachtas, which comprises the Dáil (House of Representatives) and the Seanad (Senate), is the Irish legislative body responsible for making laws
  • The Executive branch, which includes the government and civil service, is responsible for implementing and enforcing laws

Historical Significance

  • 1922: The Irish Free State was established, marking the beginning of independent Irish lawmaking
  • 1937: The Constitution of Ireland was adopted, outlining fundamental rights and principles
  • 1998: The Good Friday Agreement, which led to the establishment of the Northern Ireland Assembly and marked a significant step towards peace in Northern Ireland
  • Legal personality refers to the ability of a person or entity to have rights and obligations under the law
  • The Rule of Law signifies that everyone, including those in power, is subject to the law and that the law is applied fairly and consistently

Criminal and Civil Cases

  • Criminal law is concerned with public wrongs or crimes, while civil law deals with private disputes between individuals
  • A criminal case typically involves a state prosecution against an individual accused of a crime, with the aim of punishment or rehabilitation
  • A civil case typically involves a dispute between individuals, with the aim of resolving the dispute and awarding compensation or other remedies
  • A case may involve both areas of law, such as in a car accident where the driver may face both criminal charges for dangerous driving and a civil lawsuit from the injured party

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Irish Legal System PDF

Description

This quiz explores the key principles of the Irish legal system, highlighting the roles of laws, legal rules and procedures. Understand how jurisdiction and legal interpretations guide societal behavior and governance. Test your knowledge on the fundamental components that shape Irish law.

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