Exam (elaborations)
The Irish Legal System - Sources of Irish Law.
- Module
- Gpstc Criminal Law.
- Institution
- Gpstc Criminal Law.
The Irish Legal System - Sources of Irish Law.
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The Irish Legal System - Sources of IrishLaw
What is the Law? - correct answer-The law is a set of rules made by a state
for its members, which is designed to regulate behaviour in the state
Who interprets laws? - correct answer-The courts interpret (make decisions
on) the rules of behaviour
How to change the laws - correct answer-nIn order to change the Constitution,
a referendum of citizens must take place.
What does the law do? - correct answer-Defines and safeguards rights
Upholds public order
Deals with social problems
Sources of Irish Law - correct answer-Historic and Legal
Historic Law - correct answer-Common Law and Equity
Legal Law - correct answer-EU Law
Irish Constitution of 1937
Legislation
Judicial Precedent
Human Rights
Common Law - correct answer-Developed from local customs
Unwritten laws based on moral wrongs e.g. to kill or steal is wrong
Used by judges in the courts in England and Ireland from 1210 under order by
King John
Basis of civil law and case base system
Precedence - correct answer-Case Law developed were judges began to
apply previous decisions to other cases where the facts were similar. Judges
interpret laws.
This was known as Precedence
Equity - correct answer-These laws are based on principle of fairnessto all
, History of Equity Law - correct answer-A Court of Chancery was established in
the Middle Ages about 1210 in England and Ireland
People who felt unfairly treated in the courts could appeal decisions to the
Lord Chancellor in the Court of Chancery
Modern Equity Law - correct answer-Modern equity law deals with trusts e.g.
land ownership, pension funds, insurance money.
Remedies that come from Equity Law - correct answer-Injunction and Specific
Performance
Injunction - correct answer-compels someone to do something
Specific performance - correct answer-an order which forces someone to
complete a contract
Reform of the Law - correct answer-made in Ireland by the Judiciture (Ireland)
Act 1877
The Judicature (Ireland) Act 1877 - correct answer-a) logical structure of the
courts
b) simplified procedures
c) merged the administration of common law and equity.
Constitution - correct answer-1922 and 1937
1922 - correct answer-For the Irish Free State
1937 - correct answer-the supreme source of law in the Republic of Ireland
and dictates how the country is to be governed. It is the set of rules for the
country
Articles 1-3 - correct answer-The nation
Articles 4-11 - correct answer-The state
Articles 12-14 - correct answer-The president
Articles 15-17 - correct answer-The Dáil
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