Irish Legal System Overview

The courts interpret laws, determine whether they have been violated, and enforce penalties or awards for damages.

A legal principle is the underlying idea of the law, while a legal rule is the specific law that puts that principle into practice.

The law sets out rules of behavior in society and acts as a deterrent to crime.

<p>Essential elements include rules against certain behaviors, compensation for wrongful acts, legal enforcement of agreements, and a court system.</p> Signup and view all the answers

<p>Criminal law cases involve offenses against the state, while civil law cases typically deal with disputes between individuals or organizations.</p> Signup and view all the answers

<p>A public wrong is considered a crime against the state, whereas a private wrong affects individual rights and is handled in civil law.</p> Signup and view all the answers

<p>The state carries the burden of proof, and the standard required is 'beyond a reasonable doubt'.</p> Signup and view all the answers

<p>The presumption of innocence means that an accused person is considered innocent until proven guilty, emphasizing that the state must prove guilt.</p> Signup and view all the answers

<p>Criminal proceedings are initiated by the state, typically through the Gardaí or DPP, while civil proceedings are usually initiated by individuals.</p> Signup and view all the answers

<p>Serious criminal cases are heard by a Judge and Jury, and the jury decides the verdict based on the evidence presented.</p> Signup and view all the answers

<p>Substantive law consists of the primary rules governing conduct, while procedural law includes the secondary rules that implement these primary rules.</p> Signup and view all the answers

<p>Public law examples include Criminal Law and Constitutional Law, while private law examples include Law of Contract and Law of Tort.</p> Signup and view all the answers

<p>Injunctions are court orders preventing a party from doing something, while specific performance requires a party to fulfill their contractual obligations.</p> Signup and view all the answers

<p>Rescission allows a party to cancel a contract and return to their pre-contractual position due to issues like misrepresentation or undue influence.</p> Signup and view all the answers

<p>DPP v. Best is an important case as it addresses key legal principles applied within Irish criminal law.</p> Signup and view all the answers

<p>The verdict in a criminal case in Ireland is either guilty or not guilty. If found not guilty, the defendant is released with no criminal record.</p> Signup and view all the answers

<p>In civil law, the plaintiff carries the burden of proof, and the case is assessed on a balance of probabilities.</p> Signup and view all the answers

<p>A civil wrong involves a dispute between individuals, while a criminal wrong involves offenses against the state and society.</p> Signup and view all the answers

<p>Typical remedies in civil law include damages and injunctions, with damages being the most common remedy.</p> Signup and view all the answers

<p>A single event can lead to dual liability when an individual is prosecuted criminally by the state and sued civilly by the injured party.</p> Signup and view all the answers

<p>In criminal cases, the state initiates prosecution through the DPP or Gardaí; in civil cases, the individual plaintiff brings the case.</p> Signup and view all the answers

<p>The standard of proof in criminal cases is 'beyond a reasonable doubt', while in civil cases, it is 'on the balance of probabilities'.</p> Signup and view all the answers

<p>One alternative to court resolution in civil law is mediation.</p> Signup and view all the answers

<p>'Costs follow the event' means the successful party in a civil case may recover their legal costs from the unsuccessful party.</p> Signup and view all the answers

<p>An example is driving under the influence (criminal offense) and causing injury, which could lead to a negligence claim (civil action).</p> Signup and view all the answers

<p>Legal personality refers to the recognition by law that an individual or entity can have rights and obligations. This includes both natural persons and artificial entities, such as corporations.</p> Signup and view all the answers

<p>The Rule of Law ensures that all state actions are bound by law, limiting governmental power and requiring that laws are established prior to enforcement. It guarantees individuals' rights and provides fair notice of laws governing their conduct.</p> Signup and view all the answers

<p>The separation of powers divides government into three branches: legislative (Oireachtas), executive (Government), and judicial (Courts/Judiciary). Each branch has distinct powers and responsibilities to prevent any one branch from becoming too powerful.</p> Signup and view all the answers

<p>The Good Friday Agreement, signed in 1998, was a major political development that aimed to resolve the conflict in Northern Ireland and enhance cooperation between the north and south. It represents a commitment to peaceful negotiation and governance.</p> Signup and view all the answers

<p>A crime is considered a public wrong because it is an offense against the state or community, and not just an injury to an individual. It signifies that the government has a role in prosecuting such offenses to maintain order and protect citizens.</p> Signup and view all the answers

<p>The burden of proof refers to the obligation to prove allegations made in a case, typically resting with the party making the claim. The standard of proof indicates the level of certainty required to establish that the claims are true, such as 'beyond a reasonable doubt' in criminal cases.</p> Signup and view all the answers

<p>The Irish legal system evolved from Brehon Law, through the introduction of English Common Law in the 12th century, to the establishment of modern Irish Law post-independence, with significant milestones including the 1922 Constitution and the 1937 Bunreacht na hÉireann.</p> Signup and view all the answers

<p>The Oireachtas is the national parliament of Ireland and holds the legislative power to create and pass laws. It consists of two houses: Dáil Éireann (House of Representatives) and Seanad Éireann (Senate).</p> Signup and view all the answers