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

    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</p> Signup and view all the answers

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

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

    Private Law involves disputes where the state is directly involved.

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

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

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

    A criminal case can also involve damages as a remedy.

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

    Legal personality refers only to natural persons.

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

    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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