Irish Legal System LEGS6001 Exam 2016
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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.</p> Signup and view all the answers

    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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    Description

    This quiz focuses on key concepts in the Irish Legal System as covered in module LEGS6001. It explores critical distinctions between civil and criminal law, the legislative process, and statutory interpretation. Prepare to answer in-depth questions that will test your understanding of these essential legal topics.

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