Irish Legal System PDF

IRISH LEGAL SYSTEM Topic One Key Principles of Irish Law Key principles of Irish Law Some definitions Keenan – Irish Business Law “The law is a body of rules imposed by a state upon its members which is designed to regulate human conduct within that state. The courts interpret these rules of...

IRISH LEGAL SYSTEM Topic One Key Principles of Irish Law Key principles of Irish Law Some definitions Keenan – Irish Business Law “The law is a body of rules imposed by a state upon its members which is designed to regulate human conduct within that state. The courts interpret these rules of conduct, decide whether they have been broken and pass sentence or make an award of compensation. A certain standard of behaviour is thereby maintained amongst the members of the State in the interest of the common good” A system of principles, rules and procedures which aim to regulate the behaviour of individuals in society Legal principle – the idea behind the law Legal rule – the law which puts the principle into practice Legal procedure – the rules relating to court procedure and evidence Jurisdiction – the geographical area where a law applies Key principles of Irish Law Characteristics of the Law Acts as a guide for behaviour It is regulated through institutions It is compulsory in nature Functions of the Law Sets out rules of behaviour in society Acts as a deterrent to crime Punishes wrongdoers Provides a mechanism for those who have suffered a wrong to recover compensation Provides a means of enforcing your legal rights and obligations Key principles of Irish Law Essential Elements of a Legal System 1. Rules forbidding certain behaviour 2. Rules that make people compensate other people that they have wronged for the damage caused 3. Rules that regulate and enforce certain agreements and relationships between people 4. A system of courts to enforce all of the above 5. A body to make new laws for new situations and amend or repeal existing laws Professor HLA Hart – The Concept of Law Key principles of Irish Law Two main types of legal cases are brought before the Irish courts: Criminal law cases and civil law. Criminal Law – conduct which is prohibited by the state through the creation of criminal offences which are punishable by a range of sanctions A Public Wrong A crime is regarded as a wrong against the state The victim is a witness The victim does not have control over the prosecution The decision to prosecute is a matter for the state Reflected in the name of the case (DPP v Ryan) Key principles of Irish Law Criminal Law v Civil Law Criminal Law Prosecution v Defendant Proceedings are commenced by the State (Gardai or DPP) Cases heard in criminal courts Minor cases heard by a Judge Serious cases heard by a Judge and Jury (exception – Special Criminal Court) Key principles of Irish Law Criminal Law v Civil Law Criminal Law – Presumption of Innocence Accused is innocent until proven guilty – this is known as the presumption of innocence The State carries the burden of proof The defendant does not have to prove their innocence Presumption in favour of bail Reporting of the case must reflect the presumption of innocence Key principles of Irish Law Criminal Law v Civil Law Criminal Law Guilt must be established beyond a reasonable doubt This is a very high standard of proof The evidence must be sufficient to satisfy this standard Ensures that innocent are not convicted? Can it result in guilty persons being found not guilty? Key principles of Irish Law Criminal Law v Civil Law Criminal Law In a criminal case the final decision is the verdict In Ireland the verdict is either guilty or not guilty Not guilty – defendant is released – no criminal record Guilty – defendant is sentenced by the judge – may be kept in custody until sentence – criminal record Each criminal offence has a maximum sentence set out by law Minimum/mandatory sentences are rare in Irish law Judges generally have discretion in determining the actual sentence Key principles of Irish Law Criminal Law v Civil Law Civil Law A private wrong – a dispute between two individuals Individual can mean a human person or legal entity It is up to the individual who suffers the wrong to sue The state does not bring the case on your behalf Name of the case = the names of the parties to the case Donoghue v Stevenson Donoghue = the plaintiff (in UK – claimant) Stevenson = the defendant Key principles of Irish Law Criminal Law v Civil Law Civil Law Plaintiff v Defendant Plaintiff carries the burden of proof If you bring a civil case you must have sufficient evidence to prove the case Civil cases must be established on a balance of probabilities This means that the plaintiff must show that it is ‘more likely than not’ that their version of events is true Key principles of Irish Law Criminal Law v Civil Law Civil Law The case will be heard in a civil court Civil cases are generally heard by a judge Juries are rarely used in civil cases in Ireland The courts decision will be that the defendant was liable or not liable If the defendant is found to be liable the Judge will decide on an appropriate remedy to make good the loss suffered Damages is the most common remedy in civil cases Other remedies include court orders such as an injunction The judge will also make an order as to who pays the legal costs ‘Costs follow the event’ – the successful party may seek to have their costs paid by the other party Key principles of Irish Law Dual Liability A single event may give rise to liability in both criminal and civil law An individual may be prosecuted by the state in a criminal case and sued by the injured party in a civil case Example – an individual drives a car while under the influence of alcohol, causing injury to another driver Criminal case – prosecution under S4 of the Road Traffic Act 2010 (Driving while under the influence of an intoxicant) Civil case – an action in negligence brought by the injured party seeking damages for personal injuries and damage to property Examples – see additional information folder Key differences between Criminal & Civil Law Criminal Law Civil Law Aims Deter crime, punish Compensate for loss, wrongdoers enforce rights & obligations Parties DPP prosecutes serious Plaintiff (person bringing offences on behalf of the the case, person who is People suing) State (Gardaí) prosecute Defendant (person who summary offences is being sued) Accused Standard of Proof Beyond a reasonable On the balance of doubt probabilities Court(s) District Court District Court Circuit Criminal Court Circuit Court Central Criminal Court High Court Special Criminal Court Court of Appeal Court of Appeal Supreme Court Supreme Court Key differences between Criminal & Civil Law Criminal Law Civil Law Alternative to Court(s) None Tribunals Arbitration Mediation Injuries Board Ombudsmen Penalties / Remedies Fine and/or Damages imprisonment etc. Injunctions Declarations Rescission Rectification Specific Performance Example of Citation DPP v. Best 1 IR Cole v. Webb Caravans 17 ILRM 595 Key principles of Irish Law Divisions of Law Substantive and Procedural Law Substantive – the primary rules governing conduct in a particular context e.g. Criminal Law, Law of Contract Procedural – the secondary rules governing the implementation of the primary rules e.g. Law of Evidence, Law of Criminal Procedure Substantive and procedural law are inter-dependent Key principles of Irish Law Public and Private Law Public law – an area of law which involves the state Examples of Public Law – Criminal Law, Immigration Law, Constitutional Law, Planning Law, Tax Law Private Law – disputes between individuals/private entities in which is the state is not directly involved Examples of Private Law – Law of Tort, Law of Contract, Land Law Public bodies are subject to private law - you can sue a public body in the Law e.g. an action may be taken against a public body for negligence Key principles of Irish Law The Development of the Irish Legal System Brehon Law Common Law (Introduction of English Law into Ireland – from 12th Century onwards) Development of Modern Irish Law: 20th Century – Present Fight for Independence & Anglo Irish Treaty 1922 - Constitution & the Irish Free State 1924 - A new Irish court system 1937 – Constitution – Bunreacht na hÉireann 1973 – Membership of the European Union 1998 – The Belfast Agreement (Good Friday Agreement) Key principles of Irish Law Legal Personality An individual or entity to which, for the purposes of the law, the character of being a person is attributed In other words a ‘person’ in the eyes of the law Natural persons Artificial entities Significance of Legal Personality Company Law and separate legal personality Key principles of Irish Law The Rule of Law The state is bound by the law Limited governmental power Government functions according to legal rules which have been established in advance Legal rights and obligations are prescribed in legal form and may only be altered in a manner permitted by law An individual is entitled to fair notice of the laws which govern their conduct For example of rule of law being breached – see additional info. Folder The operation of government should reflect the principle of ‘separation of powers’ Key principles of Irish Law Separation of Powers The powers of government are divided into three branches Legislative power = power to make law – the Oireachtas Executive power = power to implement the law – the Government Judicial power = power to interpret and apply the law – the Courts/Judiciary Idea of ‘checks and balances’ – the different branches of government can keep each other in check Importance of Separation of Powers – prevents any one branch of government becoming too powerful See additional information relating to separation of powers Discussion Questions 1.Briefly define what the law is, including its key characteristics. 2. Briefly outline the differences between civil and criminal law – give examples. 3. What is meant by the ‘separation of powers’? 4. A crime is regarded as a public wrong – explain what you understand by this statement. 5. Explain the concepts of the ‘burden of proof’ and ‘standard of proof’. Key principles of Irish Law Learning Outcome A student should be able to describe the fundamental principles which govern the operation of the Irish Legal System. Additional reading & information An Introduction to Business Law, Vaeni MacDonnell Chapter 1 Answer the questions on Canvas