Introduction to the Irish Legal System

Question: Discuss about theIntroduction to the Irish Legal System. Answer: Criminal and Civil Law in Irish Legal System On analyzing the Irish legal system it can be observed that it can be classified into two types which includes civil and criminal law. In the context, it can be stated here that the core emphasis of criminal law is to uphold the societal morality with the help of prohibiting acts as opposed to public order along with punishing the individuals performing such activities. In such cases, any individual who is accused of committing such activities are charged under criminal offences. In Irish legal system, criminal offences include minor offences like driving without a seatbelt to severe crime like rape, murder, burglary (Ireland-information, 2007). In such cases, on the basis of the seriousness of the cases, sanctions for offences vary from fine to imprisonment. In such cases, the prosecution of an offence is performed by the Director of Public Prosecutions (DPP) in criminal court on behalf of the state. In such cases it is essential on the part of DPP to establish beyond reasonable doubt that the offence has been committed by the accused. As compared to civil courts, this is a higher burden of proof, the reason behind this being overruling public interest and criminal laws moral nature. On the other hand, in case of civil law, the core objective is to manage disputes between individuals. An individual initiates civil actions and issues proceedings against another person, wherein the involvement of the state is minimal. In such cases, the civil courts deals with such cases, wherein, it is determined by the civil courts if a private law right of the associated party is breached on the part of the defendant. In these cases, it is the responsibility of the civil cases to specify the apt remedy, for instance, the compensation to be paid to the aggrieved party by the defendant (McCutcheon, 2009). In the civil cases, the aggrieved party, for the purpose of establishing the liability of the defendant to the injured party, is required to prove on a balance of probabilities regarding the errors of the defendant. A mentionable example of civil law under Irish legal system is contract law that is an essential arena for business students to be accustomed with. Other significant branches of civil law are consumer, tort and employment law. To further illustrate the differentiating factors of between the civil and criminal law under Irish law, the factor of classifications is one of the prime factor on the basis of which civil and criminal law can be differentiated. In this context, it is mentionable here that, under the factors of classifications criminal law, under Irish legal system can be classified as public law that is referred to as a prosecution. On the contrary, civil law can be classified as private law which is referred to as a civil action. Another mentionable factor on the basis of which criminal and civil law can be differentiated under Irish legal system is parties involved in the case. In case of criminal law, the involved parties include prosecution and the defense. On the other hand, in civil law, the involved parties are the defendant and the plaintiff. In terms of objectives of criminal and civil cases, prosecution of the defendant is the main objective of criminal law (accountingtechniciansireland.i e, 2010). In addition to the above mentioned aspect, the objective of criminal cases also revolves around giving punishment along with incapacitation, deterrence, retribution and rehabilitation of the prosecuted individual. On the contrary, in case of civil case, the prime objective is to sue the defendant along with ascertaining compensation for the aggrieved party and ceasing the actions which are unwanted in nature. In the context on the basis of the tests applied by the court to determine liability as well, criminal and civil law can be differentiated. It can be stated from the fact that in case of criminal law under tests applied by the court to determine liability is associated beyond all reasonable doubt. On the contrary in civil law, under tests applied by the court to determine liability includes balance of probabilities, which is lower than criminal question if it is less or more likely (Kilkelly, 2009). Similarly, under the aspect of finding, in case of criminal law it re volves around finding is an individual is guilty or not. Whereas, in case of civil law the finding is associated with the aspect of establishing is an individual is liable or not. An essential aspect on the basis of which criminal and civil law are differentiated is on the aspect of commencement of proceedings, wherein it is observed that in case of criminal cases, under the criminal law, with the help of DPP through indictment or summons the proceedings are seen to be commenced. Civil cases observed initiation with the help of way of pleading (Mansergh, 2013). Remedies or penalties are also a vital aspect which distinguishes criminal laws from civil laws. Under criminal laws the remedies provided to an individual includes imprisonment, fines, community service orders or probation orders. The civil laws award penalties which include damages, injunctions, court orders, rescission, an account for profit etc. The differentiation between civil law and criminal law can be further elabora ted with the help of certain examples regarding the cases dealt under criminal law and civil law. In this context it is mentionable here that, criminal law primarily deals with theft, murder, fraudulent trading etc cases. Whereas, in civil law, the core emphasis is on cases dealing with trespass, negligence and breach of contract . In addition to the above mentioned aspect the court structure also differs in case of criminal and civil cases. In case of criminal court structure, the jurisdiction of criminal courts begins with district courts which deal with criminal law matters, which is also known as inferior criminal court. In Ireland there exists 24 District Courts which comprises of one legally qualified Judge responsible for decision making of the cases. In the above rung of criminal court structure is Circuit Criminal Court that is responsible for all serious responses apart from rape, murder, treason, aggravated sexual assault. The serious cases which are not heard in the Circ uit Court are dealt with in the Central Criminal Court, which comprise of one Judge and a Jury (Donovan, 2010). Special Criminal Court, is the reserve for the cases which includes terrorist cases and dangerous criminals. In Special Criminal Court, the jury is seen to be absent but three judges resides the cases. Though this court is not a permanent one, however, it is essential to deal with cases as such cases cannot be effectively heard in other courts. In the upper rung of Circuit Court is Court of Criminal Appeal which is an appeal court which implies the fact that cases are not heard in the court for the first time, wherein it is responsible for dealing with hearing from lower courts like the central or circuit court which deals with interpretation and application of law. In Ireland, the final court of appeal is the Supreme Court which is only responsible for hearing appeals associated with decision regarding points of law in cases of significant importance. In case of civil court structure, like criminal court structure, District Court is in the lowest rung of the structure. Herein, it is mentionable here that though District is primarily a criminal court, then also there are certain jurisdiction associated with it which entitles it to hear certain civil law matters which includes damages associated with tort and contract case, application associated with certain licenses like license to sell alcohol, tenant matter, family laws etc. The District Court has the authority to award a maximum damage of 6, 348.69. Followed by the District Court, Circuit Court is in the upper rung of District Court which is the largest civil court. In the Circuit Court aspects associated with civil cases are heard in one of the eight Circuit Court Divisions on the part of Circuit Court Judge (accountingtechniciansireland.ie, 2010). In the Circuit Court, the cases mainly deal with tort and contract claims which are limited to damages not more than 38,092.14. In cases involving civil dispute, the High Court which is in upper rung of Circuit Court, hears civil laws and matters associated with claims in tort and larger contract claims. In cases involving civil disputes, the Supreme Court is responsible for dealing with the appeals from the High Court wherein the validity of a law is challenged along with dealing with appeals by the manner of case stated from High Court. Thus the above made clearly demonstrates the difference between civil and criminal laws in terms of classification, parties involved in the cases, objectives, tests applied by the Court to determine liability, finding, commencement of proceedings, remedies, the cases dealt under the laws and most importantly structure of criminal and civil courts. Irish Supreme Court In order to identify the origin of Irish Supreme Court, Bunreacht na hEireann or the Irish Constitution is required to be referred. The basis of law of Ireland is its Constitution wherein, it has been observed that Article 34 of the Irish Constitution established the court system in Ireland which includes a Court of Final Appeal. In Ireland, the Court of Final Appeal is known as Supreme Court (Citizensinformation.ie, 2015). Another essential or source of origin of the Supreme Court in Ireland is Article 6 of the Constitution in which sovereignty is vested in the hand of the citizens of the state. This makes Ireland answerable to the court for the errors committed against the individuals due to breaching their legal rights or constitution. This also results in the formation of the Irish Supreme Court. Thus, it can be stated here that, Irish Courts which are established under the States Constitution, the Supreme Court, the Court of Appeal and the High Court forms the governments judici al organ. Basing on the above made discussion it can be observed that Supreme Court is the highest Court of appeal, wherein, it becomes essential to discuss the structure of the Supreme Court. The Irish Supreme Court comprises of a President which is known as the Chief Justice. At present, Susan Mary Denham is the Chief Justice of Ireland. In addition to the above mentioned aspect, the Supreme Court also comprises of seven ordinary judges. In accordance to the office, the President of High Court is also the Supreme Courts ex officio member. In specific cases, the Supreme Court has the permission for extra judges (Farber, 2007). In the Supreme Court, the judges are ranked as the Chief Justice, the President of the High Court, Judges who were former Chief Justices on the basis of the date of appointment and other Supreme Court judges on the basis of their date of appointment. Herein it can be stated that in cases of procedural matters of no significant legal introduction, three judges sit. In ca ses which are associated with constitutional challenge to a particular statute or in cases which includes an essential question of law occurs five judges sit. Other than the above mentioned aspect, cases which include extreme significance like a Bill referring to Supreme Court under Article 26 of the Constitution, seven judges sit. Under the Irish Constitution, the powers allocated to the Supreme Court are also required to be discussed. One of the essential functions allocated to the Supreme Court includes original jurisdiction. In this regard it is mentionable here that Supreme Court deals with cases that includes, point of law which have significant importance, wherein the constitutionality or legality of a Bill or Statute is queried upon or the issues of whether the President of Ireland has become completely incapacitated. Another essential function of Supreme Court is dealing with appeals (Supremecourt.ie, 2007). The regular duty of Supreme Court is hearing appeals which are made by the High Court along with cases which are stated on the part of the Circuit and High Courts. These appeals are required to be approved on the part of trial judges prior sending it to the Supreme Court. In addition to the above mentioned aspect, appeals from the Court of Criminal Appeal can be brought to the Supreme Court on cert ifying the fact that the involved cases are associated with matters of significant public importance. In this context it can be stated that it is rarest of rarest cases in which Supreme Court is seen to deal with hearing from witnesses, appeals based on oral evidences etc. Decision making is another essential function of Supreme Court, wherein it us noticed that majority ruling is the edifice of decision making, though it is noticeable that every judge delivered by the Supreme Court is entitled to deliver a distinct judgment, irrespective of agreement on the part of the majority ruling. Decisions associated with validity on the constitutionality or law or of a Bill the majority decision is ruling. The decisions in such cases are given ex tempore or instantly after hearing the issues (Flanagan, Ahern, 2011). However, in most of the cases, the decisions are reserved by the Supreme Court in which the judges take certain amount of time to consider the discussed issues and deliver the decision at a later date. The decisions which are delivered by the Supreme Court are binding, ultimate and non-appealing being the being Court of the nation. Thus on the basis of the above made discussion it can be stated that the jurisdiction of Supreme Court includes hearing appeals from the Court of Appeal in case the Supreme Court is satisfied with the involved decision, the interest of justice. The jurisdiction of Supreme Court also includes, hearing direct appeals from High Court in case Supreme Court is satisfied with the fact that the case is of exceptional circumstances, it is also entitled to determine whether the question of the permanent incapability of the President arises. Thus, the decision made on the part of Supreme Court is ultimate and cannot be further applied. In the formation of rights and obligations of the citizens of Ireland there are various Supreme Court cases which played a major role. One of the essential rights of individual in criminal cases is the right of bail of individuals. In this aspect as essential case is People v O Callaghan case 1966. Under the particular case, it was stated that the main purpose of bail is to safeguard the appearance of the accused at the time of time trial with the help of reasonable amount of bail. In the particular case, it was further stated that the purpose of the bail was to neither prevent or punitive (hoc.ie, 2014). It is with the help of this case, wherein certain aspects which are taken into consideration in the process of criminal proceeding and justice which includes, nature of the accusation, nature of evidence, probable sentence to be imposed, likelihood of committing crime in the future, convicts failure to answer to bail. The aspect of adoption and associated rights is an essential element of personal and family rights. A landmark case in the history of Supreme Court cases in this context is The State (Nicolaou) v An Bord Uchtala case. In the particular case, it was stated on the part of the Supreme Court that natural unmarried father was not provided with the entitlement to be heard before an adoption order. Furthermore, a natural unmarried father was not entitled to the provisions of Article 41 of the Constitution (Humanrights.ie, 2012). Such individuals were also not allowed to rely upon their natural rights as a father. The reason behind this being, such rights are entitled to the family, wherein it was observed that he did not formulate a family under Article 41 of the constitution. In the particular case, another essential aspect which was highlighted was the rights of the mother which was entitled under Article 42 of the constitution rather than Article 41 of the constitution. Thus, it is an es sential case under family rights, which stated the fact that excluding all other relationships, the basis of formation of family is marriage. The State (Ryan) v. Lennon case 1934, is another essential case which formed the present form of rights and obligations of the citizens which dealt with the issue of judicial review. In the particular case, Article 2A of the Constitution was challenged which established the operation of military tribunal. Section 2 put forward the fact that Article 3 along with other subsequent Articles of the Constitution is subjected to Article 2A. The tribunal was required to be comprised of 5 members belonging from the defense forces that are removable at the wish of the Government. The tribunal was also competent to try terrorist related activities and offence. Section 7 also provided the Tribunal with the authority to impose penalty to the guilty for the offence that are more than usual legal punishment. In the process of trial of The State (Ryan) v. Lennon case 1934, it has identified that the determined aspect of the article were not in alignment with human rights along with the principle of separation of powers. It seen from the provisions of Oireachtas that Constitution was no more, an essential aspect to be covered in cases of post-Civil war violence and it was take the entire situation under its control. Thus in the particular case, the authority was given to the judiciary to consider whether they want to intervene (Humanrights.ie, 2010). The aspect of parliamentary sovereignty to be specific political constitutionalism got further emphasized with the help of this case. Significantly, the absence of any formal text based prohibition associated with Oireachtas has been expressed in this case with the help of Article 50 which highlighted on its amendment. Other than the above mentioned aspect, the particular case also witnessed denial of judicial interventional in associated allocated to executive and legislative organs along with judicial despotism and highlighted on making the court sovereign in nature. Thus this case acted as a land mark in establishing the right o f judicial review on the part of the individuals. There are various landmark cases in the history of Supreme Court among the various cases, the above discussed cases are significant ones, which formed the basis of rights and obligations of the citizens of Ireland. References accountingtechniciansireland.ie. (2010). Laws Ethics Republic of Ireland. [online] Available at: https://www.accountingtechniciansireland.ie/files/documents_and_forms/law_ethics_roi.pdf [Accessed 16 May 2017]. Citizensinformation.ie. (2015). Supreme Court of Ireland. [online] Available at: https://www.citizensinformation.ie/en/justice/courts_system/supreme_court.html [Accessed 16 May 2017]. Donovan, D. (2010). The Irish legal system. 1st ed. Dublin: Thomson Reuters (Round Hall). Farber, D. A. (2007). The Supreme Court, the Law of Nations, and Citations of Foreign Law: The Lessons of History. California Law Review, 95, 1335-1365. 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