Irish Legal System LEGS6001 Exam 2016

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Questions and Answers

Explain the differences between civil law and criminal law and discuss why the distinction is important.

Civil law deals with disputes between individuals or entities, such as contracts, property, or personal injury. Criminal law deals with offenses against the state, such as theft, assault, or murder. The distinction is important because it determines the burden of proof, the possible penalties, and the rights of the accused.

Write a note on two of the following:

  • Judicial precedent
  • Statutory Instruments (S.I.s) (correct)
  • The legislative process (how a Bill becomes an Act) (correct)
  • The rules of statutory interpretation

Outline the civil and criminal jurisdiction of the High Court and the Central Criminal Court, use case law examples to illustrate your answer.

The High Court has jurisdiction over a wide range of civil and criminal matters. In civil cases, it hears claims for damages, injunctions, and declarations. In criminal cases, it hears serious offenses, such as murder, rape, and robbery. The Central Criminal Court is a specialized court that deals with the most serious criminal offenses, such as murder and treason. Case law examples: The High Court's decision in the case of Donoghue v Stevenson (1932) established the principle of negligence, which is a key element in many civil cases. The Central Criminal Court's decision in the case of R v DPP (2016), which established the principle of self-defence, as a defense to murder.

Describe the roles of both a solicitor and barrister in the Irish legal system.

<p>Solicitors and barristers work together in a collaborative way. (A), Solicitors provide legal advice to clients and represent them in court. (B), Solicitors and barristers are both regulated by the Law Society of Ireland. (C), Barristers represent clients in court and prepare legal arguments. (D)</p> Signup and view all the answers

Flashcards

String

A sequence of characters used to represent text, words, or other data.

Character

A data type that represents a single character, such as a letter, a number, or a symbol.

Variable

A variable is a named storage location that can hold a value of a specific data type, such as a number, a string, or a boolean.

Boolean

A data type that represents a value that can be either true or false.

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Operator

An operator is a symbol that performs a specific operation on one or more values, such as addition, subtraction, or comparison.

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Expression

An expression is a combination of values, variables, and operators that evaluates to a single value.

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Statement

A statement is a complete instruction that can be executed by the computer.

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Loop

A block of code that is executed repeatedly until a certain condition is met.

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Conditional Statement

A condition that determines whether a certain block of code should be executed.

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Function

A function is a block of code that performs a specific task and can be reused in different parts of the program.

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Study Notes

Module Information

  • Module Title: Irish Legal System
  • Module Code: LEGS6001
  • School: Business
  • Programme Title: Various (Bachelor of Business, Bachelor of Business (Hons) in Accounting, Higher Certificate in Business (EOD), Higher Certificate in Business Studies)
  • Programme Codes: BBUSE_6_Y2, BBUSS 7 Y2, BACCT 8 Y1, BBUSA 6 Y2
  • External Examiners: Dr. Liam Thornton, Louise P. Murphy, Karen McCarthy
  • Internal Examiner(s): Not specified
  • Instructions: Answer 3 questions
  • Duration: 2 hours
  • Sitting: Semester One Winter 2016

Examination Questions

  • Question 1: Explain differences between civil and criminal law, and discuss why this distinction is important. (20 marks)
  • Question 2: Write a note on two of the following:
    • (a) The legislative process (how a Bill becomes an Act);
    • (b) Statutory Instruments (S.I.s);
    • (c) The rules of statutory interpretation;
    • (d) Judicial precedent. (10 marks each)
  • Question 3:
    • (a) Outline High Court and Central Criminal Court jurisdictions, using case law examples. (12 marks)
    • (b) Describe the roles of solicitors and barristers in the Irish legal system. (8 marks)
  • Question 4: Write a note on two of the following:
    • (a) Summary trial;
    • (b) The role of the Director of Public Prosecutions;
    • (c) The role of the Jury in a criminal case;
    • (d) Criminal legal aid. (2 x 10 marks)
  • Question 5: Write a note on two of the following:
    • (a) Arbitration;
    • (b) Mediation;
    • (c) The Injuries Board. (10 marks each)

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