Podcast
Questions and Answers
What is a crime regarded as in terms of legal responsibility?
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.
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?
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.
In criminal law, the accused is presumed ______ until proven guilty.
Match the following terms to their definitions:
Match the following terms to their definitions:
What is the primary function of law according to the content?
What is the primary function of law according to the content?
The Irish legal system allows for individuals to recover compensation if they have been wronged.
The Irish legal system allows for individuals to recover compensation if they have been wronged.
What are the two main types of legal cases brought before the Irish courts?
What are the two main types of legal cases brought before the Irish courts?
The law is imposed by a state to regulate __________ conduct within that state.
The law is imposed by a state to regulate __________ conduct within that state.
Match the key principles of Irish law with their descriptions:
Match the key principles of Irish law with their descriptions:
Which of the following is an example of Public Law?
Which of the following is an example of Public Law?
Private Law involves disputes where the state is directly involved.
Private Law involves disputes where the state is directly involved.
Name one type of law that is considered Substantive Law.
Name one type of law that is considered Substantive Law.
The area of law that involves the state is called ______.
The area of law that involves the state is called ______.
Match the following types of law with their definitions:
Match the following types of law with their definitions:
What is the primary aim of criminal law?
What is the primary aim of criminal law?
A plaintiff in a civil case must prove their case beyond a reasonable doubt.
A plaintiff in a civil case must prove their case beyond a reasonable doubt.
What is the term used for the burden of proof in a civil case?
What is the term used for the burden of proof in a civil case?
In criminal cases, the accused may be found ______ or not guilty.
In criminal cases, the accused may be found ______ or not guilty.
Match the following statements with their correct law type:
Match the following statements with their correct law type:
Which of the following courts typically hears civil cases?
Which of the following courts typically hears civil cases?
A criminal case can also involve damages as a remedy.
A criminal case can also involve damages as a remedy.
What is an example of a case that might involve both criminal and civil law?
What is an example of a case that might involve both criminal and civil law?
The legal principle that _____ follows the event refers to who pays legal costs in a civil case.
The legal principle that _____ follows the event refers to who pays legal costs in a civil case.
Match the following key terms with their descriptions:
Match the following key terms with their descriptions:
What is the primary purpose of the separation of powers in government?
What is the primary purpose of the separation of powers in government?
Legal personality refers only to natural persons.
Legal personality refers only to natural persons.
What does the Rule of Law signify in governance?
What does the Rule of Law signify in governance?
The _______ is the Irish legislative body responsible for making laws.
The _______ is the Irish legislative body responsible for making laws.
Match the following years to their significance in Irish legal history:
Match the following years to their significance in Irish legal history:
Which of the following is an example of a public wrong?
Which of the following is an example of a public wrong?
Briefly explain what is meant by 'burden of proof'.
Briefly explain what is meant by 'burden of proof'.
In Irish law, the executive branch is responsible for interpreting and applying the law.
In Irish law, the executive branch is responsible for interpreting and applying the law.
Flashcards
Irish Legal System
Irish Legal System
A system of principles, rules, and procedures regulating conduct in Irish society.
Legal Principle
Legal Principle
The underlying idea or concept behind a law.
Legal Rule
Legal Rule
A law that puts a legal principle into action.
Functions of Law
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
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
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 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
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
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 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
Substantive Law
Primary rules governing conduct in a specific area (e.g., Criminal Law, Contract Law).
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Procedural Law
Procedural Law
Rules governing the implementation of substantive laws (e.g., Law of Evidence, Criminal Procedure).
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Public Law
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
Private Law
Deals with disputes between individuals or private entities (e.g., Contract Law, Tort Law).
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Interdependence of Law
Interdependence of Law
Substantive and procedural laws rely on each other for effective application.
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Irish Legal System Development
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
Criminal Law
Deals with crimes against the state, punished by fines or imprisonment.
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Legal Personality
Legal Personality
The recognition of an individual or entity as having rights and responsibilities under the law.
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Civil Law
Civil Law
Deals with private disputes between individuals or entities. Aims to compensate the injured party.
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Rule of Law
Rule of Law
The principle that everyone, including the government, is subject to and accountable under the law.
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Verdict (Criminal)
Verdict (Criminal)
The final decision in a criminal trial, either guilty or not guilty.
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Separation of Powers
Separation of Powers
The division of government power among the legislative, executive, and judicial branches.
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Plaintiff
Plaintiff
The person who brings a civil lawsuit (in UK: claimant).
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Defendant
Defendant
The person against whom a civil or criminal case is filed.
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Legislative Power
Legislative Power
The power of the Oireachtas to make laws.
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Standard of Proof (Criminal)
Standard of Proof (Criminal)
Beyond a reasonable doubt, high burden of proof, needed for conviction.
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Executive Power
Executive Power
The power of the Government to execute, or carry out, the law.
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Judicial Power
Judicial Power
The power of the Courts to interpret and apply the law.
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Standard of Proof (Civil)
Standard of Proof (Civil)
On the balance of probabilities, lower burden of proof.
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Brehon Law
Brehon Law
The traditional, customary legal system of early Ireland.
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Dual Liability
Dual Liability
One action can lead to both criminal and civil legal consequences.
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Remedy (Civil)
Remedy (Civil)
Compensation or action to correct a civil wrong, like damages or injunction.
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Costs Follow the Event
Costs Follow the Event
The losing party usually pays the winning party's legal fees in civil cases.
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Legal Responsibility
- 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
Legal Systems and Law
- 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
- 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 Principles
- 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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