Introduction To Civil Procedure PDF

Introduction to Civil Procedure Law10270 Module Handbook  11 weeks 2 hour lectures, Mondays 5-7pm In person lectures 5 credits Course Interactive Information No tutorials T...

Introduction to Civil Procedure Law10270 Module Handbook  11 weeks 2 hour lectures, Mondays 5-7pm In person lectures 5 credits Course Interactive Information No tutorials Two hour open book exam Mixture of problem questions and essay questions Grace Sullivan BL & Alicia O’Connor BL  Reading list for each topic No specific textbook for this course Textbooks, journal articles, cases, court rules, legislation Use appropriate online databases and library Reading resources EG Westlaw IE Essential and recommended reading Ordinarily not required to read in advance unless specifically notified  What is it? Civil - what does it mean Civil Procedure Procedure - what does it mean? - where do we find the sources?  - Private law disputes eg Personal Injuries, Contract disputes - Family law Civil - Public law disputes (actions against the State re constitutional rights, Judicial Review)  Considered to be a public law matter Criminal A wrong committed against society State usually prosecute (Director of Public Procedure Prosecutions / Gardai)  Case Law Legislation Procedure Court Rules  Civil: seek compensation / injunction / declaration Criminal: punish, deter, rehabilitate Standard of proof: Balance of probabilities (civil) Civil v Beyond reasonable doubt (criminal) Common Law vs Civil law jurisdictions Criminal Titles: plaintiff v defendant applicant v respondent prosecution vs defendant / accused  Can you think of any goals/values a system of civil procedure might want to adopt/pursue?  ascertaining truth in proceedings ensuring procedural fairness between the parties seeking quick resolution of proceedings making proceedings cost effective Potential punishing those who bring trivial claims rewarding those who have suffered grave Values breach of rights protecting against frivolous litigation ensuring access to justice encouraging alternative means of dispute resolution Module Weeks  Hierarchy Principle of stare decisis of Courts in Ireland?  Court system Supreme Court Court of Appeal High Court, Central Criminal Court, Special Criminal Court Circuit Court District Court  Appeals District Court: De novo appeal to the Circuit Court Case stated/consultative case stated to High Court with leave Appealed to Court of Appeal Circuit Court: De novo appeal to High Court (judge can refer question of law to Court of Appeal) With leave a consultative case stated to Court of Appeal High Court: to the Court of Appeal directly to Supreme Court (matter of general public NB / in the interests of justice)  English in origin Identifiable body of law Common Centuries of judicial decisions While there is an increase in use of legislation, Law common law is still an important element of the Irish legal system  District Court: € 15,000 (no jurisdiction to hear defamation cases) Circuit Court: €75,000.00 (€ 60,000 PI cases) Monetary Which circuit to initiate proceedings? Circuit where contract made, defendant resides / jurisdiction tort committed Supreme Court (reference of bill under Art of Courts 26 of Constitution by a President) Penalties for failure to meet monetary jurisdiction of a court Matters can be transferred where appropriate Cycle of a What questions should you ask at the start of the litigation process? Case  Who should I sue? Who is my cause of action against? Can you think of an example where you may not know who to sue? Do I have locus standi? Cycle of a What is the cause of action? Eg is a contract / tort claim? case Is the claim statute barred? Am I within time to bring the claim? Why should there be a limit on time to bring an action?  Initiating letter Opportunity for Defendant to admit wrong doing and save costs Initiating documents Plenary summons – simple document ‘issued’ in central office, pay stamp duty Court solicitor sends to defendant, ‘service’ stops time, process – summons explains - 8 days to enter appearance and summons expires in 12 months Appearance: entered by Defendant – accepting jurisdiction of High Court court Statement of claim: document issued by Plaintiff – greater detail of particulars of claim Defence: By defendant  Interlocutory documents Request for further and better particulars Request for discovery Court Can bring a MOTION before the court Grounded on an affidavit process – Trial Judgment High Court Appeal Enforcement