Irish Law/ Court System 07.02.16

Sources of Law
1. Constitution
  1. Not the most important of the Irish Modern Law
  2. Protects the rights of all irish citizens
2. European Union Law
3. Legislation
  1. Exclusive law making power
4. Juridiction
Seperation of Powers
1. Oirachtas
  1. Made of
    1. President
    2. The National Parliament/Dail
    3. The Senate
  2. Power to produce law
    1. Amends Legislation
  3. Oireachtas = Legislature
  4. Delegated legislation
    1. Delegated company/body that Oirahtas enalbels to create law
2. Goverment = Executive
3. Courts = Judiciary
Courts = Judiciary
1. High Court
  1. High Court (Criminal)
    1. CASES
      1. Serious crimes : Murder, Manslaughter, rape & treason (išdavystė)
      2. Bail application for charge of murder
    2. Structure
      1. Judge and Jury of 12 people
    3. Jury needed for defamation, false imprisonment, malicious prosecutions
  2. Civil Cases
    1. Cases
      1. Judicial Reviews
      2. Comp liquidations
      3. Election and referendum petitions
      4. Constitutional cases
      5. Personal Injuries above 60k
      6. Appeals from Circuit Court
    2. Appeal
  3. Structure
    1. President & 35 Judges
    2. Sits in Dublin with the exception twice yearly circuits
    3. Usually sits as Judge alone (divisional of three in important cases)
    4. Jury is required for defamation, assault and battery, false imprisonment and malicious prosecution cases
2. Supreme Court
  1. Highest court in Ireland
  2. Court of Final Appeal in Ireland
  3. Structure
    1. Consists of Chief Justce and 7 ordinary judges , President of High Court also ex officio member
  4. Cases
    1. Appeals from High Court on a point of law
    2. Matters referred by way of case stated from Circuit or High Court
      1. Decisions relating the President of Ireland
    3. Appeals from Court of Criminal Appeal but only when involves a point of law of exceptional public importance
    4. Where constitutionality of a Bill id referred by the President
  5. Matters eard by Divisions of 3 or 5 judges, constitutiional cases heard by 5 judges or 7 if very important
3. 1. Lowest court
  1. District Court
    1. Apylinkes tesimas
    2. Civil cases
      1. Claims up to 15,000 (from 2014)
      2. Damages in Contract & Tort (not defamation - smeistas or FALSE IMPRISONMENT)
      3. Appeals DeNovo - full rehearing to the Circuit court
        or ;case stated procedure' which means that a court can ask another court for its opinion on a point of law
    3. Structure
      1. The District Court is the lowest court in the Irish court system
        Consists of President of the District Court and 60 District Court Judges.
      2. The District Court is organised on a regional basis. There are 23 District Court Districts, as well as the Dublin Metropolitan District. Each District is in turn divided into District Court areas (24 in total)
        The District Court is a court of local and limited jurisdiction. This means it is restricted as to which cases it can decide in both civil and criminal matters.
    4. Criminal Cases
      1. Judge sits alone, no jury trial
      2. Deals with summary / minor offences
      3. Some cases can be heard where DPP , judge and accused consent
      4. Max 12 months imprisonment
        max fine €1,905.00
4. 2nd lowest court
  1. Circuit Court
    1. Apygardos teismas
    2. Structure
      1. The country is divided into 8 circuits
        The Circuit Court consists of the President of the Court and 37 ordinary judges
        One Circuit Judge is assigned to each circuit, except in the case of the Dublin and Cork Circuits
        Ten judges can be assigned to the Dublin Circuit and 3 to the Cork Circuit.
    3. Power
      1. The Circuit Court is a court of local and limited jurisdiction. It is restricted as to which cases it can decide in both civil and criminal matters
    4. Punishment
      1. Under Part 3 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 the monetary jurisdiction of the Circuit Court increased to €75,000 (was €38,092.14) with effect from 3 February 2014
        Anmerkungen:
        in actions in contract and tort where the claim does not exceed €75,000 (€60,000 for personal injury actions)in actions for defamation where the claim does not exceed €75,000in probate matters and suits for the administration of estates, where the rateable valuation of the real estate does not exceed €253.95in equity suits, where the rateable valuation of the land does not exceed €253.95in ejectment actions or applications for new tenancies (fixing of rent, etc.,) where the rateable valuation of the property does not exceed €253.95in actions founded on hire-purchase and credit-sale agreements, where the hire-purchase price of the goods or the amount of the claim does not exceed €75,000in family law proceedings, (including judicial separation, divorce, nullity and appeals from the District Court). Where the rateable valuation of the property exceeds €253.95, the parties may opt to transfer the case to the High Court.in all cases of application for new liquor on-licence (i.e., licences for sale of liquor for consumption on the premises) and has appellate jurisdiction from decisions of arbitrators in disputes in relation to Ground Rents under the Landlord and Tenant legislationin respect of applications under the former Workmen's Compensation Code, i.e., in cases where the right to compensation arose prior to 1st May 1967in appeals from the District Court in both civil and criminal matters. The appeal takes the form of a re-hearing and the decision of the Circuit Court is final and not appealable
    5. Civil cases
      1. Monetary values
        Personal injury €60,000 since 2013
        Claims Limited to €75,000
        Property no more than 3 mln
      2. Jurisdiction
        Contract, Tort, New Liquor licenses, admin of estate on death, judicial separation, nulity & divorce
      3. Appeals
        De Novo To HIGH COURT
        By way of ''case stated'' procedure to the Supreme Court
    6. Criminal Cases
      1. All indictable offences (nuskalstamus veiksmus) except murder, manslaughter, rape, perjury (melagingas liudijimas)
      2. Judge & Jury Trials
    7. 8 circuits
5. Court of Appeal
  1. Awaiting legislation
    1. Consists of President of Court of Appeal and 9 judges

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Irish Law/ Court System 07.02.16

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