Irish Legal System - Winter 2016 Exam

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Questions and Answers

What is one key difference between civil law and criminal law?

  • Criminal law involves punishment by the state, whereas civil law typically involves compensation for damages. (correct)
  • Civil law requires a higher standard of proof than criminal law.
  • Civil law deals with breaches against society, while criminal law deals with individual disputes.
  • Criminal law is based on statutory regulations, while civil law is based on customary laws.

Which stage is NOT part of the legislative process of how a Bill becomes an Act?

  • Judicial Review (correct)
  • Committee Stage
  • First Reading
  • Report Stage

Which court has jurisdiction over serious criminal cases in Ireland?

  • Circuit Court
  • District Court
  • Central Criminal Court (correct)
  • High Court

What is the primary duty of a solicitor in the Irish legal system?

<p>To provide legal advice and prepare documents (A)</p> Signup and view all the answers

Which of the following best defines a statutory instrument (S.I.)?

<p>A regulation made by an individual body under the authority of legislation. (C)</p> Signup and view all the answers

Which entity is primarily responsible for overseeing the prosecution of criminal cases in Ireland?

<p>The Director of Public Prosecutions (C)</p> Signup and view all the answers

What is the fundamental role of a jury in a criminal case?

<p>To determine the guilt or innocence of the defendant. (C)</p> Signup and view all the answers

What is a significant feature of mediation as a dispute resolution method?

<p>It seeks to facilitate negotiation between parties. (C)</p> Signup and view all the answers

Flashcards

Difference between Civil and Criminal Law

Civil law deals with disputes between individuals or organizations, while criminal law deals with offenses against the state. Civil law aims to compensate for harm, while criminal law aims to punish offenders.

Legislative Process

The legislative process outlines how a Bill becomes an Act. It starts with a proposal, goes through parliamentary stages (reading), receives Royal Assent, and becomes law.

Statutory Instruments (S.I.s)

Statutory Instruments (S.I.s) are legal rules made by government ministers within their powers. They provide details and implement existing laws.

Rules of Statutory Interpretation

The rules of statutory interpretation guide judges in understanding and applying laws. They use literal, golden, and mischief rules to determine the law's intent.

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Judicial Precedent

Judicial precedent refers to the use of past court decisions to guide future cases with similar facts and issues. It helps ensure consistency and fairness in legal judgments.

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High Court and Central Criminal Court Jurisdiction

The High Court has wide civil and criminal jurisdiction. It handles civil disputes, serious criminal offenses, and judicial review. The Central Criminal Court handles serious criminal offenses only.

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Roles of Solicitors and Barristers

A solicitor advises clients, gathers evidence, and prepares cases for court. A barrister presents cases in court and argues on behalf of their clients.

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Summary Trial

A summary trial is a faster, less formal trial for less serious offenses. It avoids a jury and focuses on evidence and arguments.

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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, Higher Certificate in Business Studies)
  • Programme Codes: Several codes listed for different programs
  • External Examiners: Dr. Liam Thornton, Louise P. Murphy, Karen McCarthy
  • Internal Examiners: Not listed
  • Instructions: Answer 3 questions
  • Duration: 2 hours
  • Sitting: Semester One Winter 2016

Exam Questions

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

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Related Documents

Irish Legal System Exam 2016 PDF - LEGS6001

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