What is the Law? Courts Service Pilot: Lesson 4

Learning Outcomes O To be able to work with your partner to formulate a definition of the law. O To understand and explain the key elements in any definition of the Law. O To be able to distinguish between civil and criminal law and provide examples of each. O To be able to describe the main characteristics of the Irish Legal System. O To be able to demonstrate your knowledge of the structure of the Irish Courts with the aid of a diagram.

Class Activity O Listen carefully to “Lets Look at Law” and make some notes. O Think Pair Share / Brainstorm in pairs an agreed definition of the Law.

Rules The law consists of rules of conduct in a community. Authority It is imposed by an authority which demand or prohibit certain actions. Sanctions The law is enforced by the imposition of penalties or sanctions. Definition of the Law

Criminal Law O Concerns an individuals relationship with the State and society. O The purpose is to deter certain types of behaviour. O It consists of a set of rules to regulate people’s behaviour and activities. O Sanctions for breach of criminal law include, fines and or prison sentences.

Criminal Law The Accused is prosecuted by the State Examples of criminal Offences O The State is represented by an Garda Siochana for most minor offences. Or O The Chief Prosecution Solicitor (Dublin) / State Solicitors elsewhere. O Murder O Manslaughter O Rape O Armed robbery O Theft O Reckless Driving O Assault O Shoplifting O Rioting

Civil Law O This concerns a person’s relationship with other people, groups of people or the State. O When civil disputes cannot be resolved privately or where circumstances require it, these matters are dealt with by the Civil Courts. O Personal injury and defamation (compensation) O Family Law. O Employment Law. O Conveyancing & property law. O Contract Law. O Commercial Law O Licensing: Examples, dance, pubs, lottery. Examples of civil law

The Irish Court System O The Irish Courts system originated with the 1922 Constitution which established Courts to take over from the British administration on the establishment of the State. O Our present Courts are established under Article 34 of the Constitution of O The Constitution outlines the structure of the court system in Ireland by expressly establishing the Supreme Court, the Court of Appeal and the High Court. O Provision is also made in Article for the establishment of courts of local and limited jurisdiction (District and Circuit Courts). O Ireland is a member of the European Union. Disputes involving European law raised in the Irish courts may be referred to the European Court of First Instance and, or, the European Court of Justice.

The Irish Court System.

Civil and Criminal Courts The Irish legal system is broadly divided into two branches: the civil side and the criminal side, each with its own specialised courts.

The Civil Courts O Civil actions are those where the plaintiff (someone who takes a civil action in a court of law) sues the defendant (someone against whom an action or claim is brought) for compensation for compensation for a wrong caused or some loss suffered. O The compensation for damages caused is usually money. The different courts can hear cases for compensation of certain amounts. These are:

Claims up to €15,000 and €2,000 in small claims. District Court Claims between €15,000 and €75,000 and and €60,000 in personal injuries. Circuit Court Claims above €75,000 No limit. High Court

In matters of Family Law The Court of Appeal Circuit Court This Court has jurisdiction in matters concerning maintenance, custody of, and access to, children and may make orders pertaining to domestic violence. This Court may grant orders of divorce, judicial separation and nullity as well as any ancillary orders. District Court O This Court in constitutional law and civil law matters hears and determines appeals from the High Court.

The Criminal Courts O The Criminal Courts deal with Criminal cases. Criminal cases are prosecutions brought by the State against people accused of crimes where the seriousness of the crime will indicate the Court in which the case is to be tried.

District Court Summary jurisdiction No Jury – Minor Offences Jurisdiction to grant bail in most cases. Circuit Court Appellate jurisdiction from District Court. Deal with all offences except those which must be dealt with in the Central Criminal Court. Criminal trials are heard by a judge sitting with a jury. Central Criminal Court The High Court has full original jurisdiction in all matters, civil and criminal. When exercising its criminal jurisdiction, the High Court is known as the Central Criminal Court. Trials for the most serious of offences before a judge sitting with a jury Special Criminal Court Deals with two categories of offence: 'scheduled offences' and those certified by the DPP. It sits with three judges and no jury.

Court Of Appeal The 28th October 2014 ("the establishment day") was the day on which the Court of Appeal was established under the Thirty-third Amendment of the Constitution. Is an appellate court. It sits in divisions of three judges. It hears and determines appeals from the Circuit Court (a "case stated" concerning questions of law), the Central Criminal Court and the Special Criminal Court and applications for review of convictions or sentences alleged to result from a miscarriage of justice. Supreme Court This is the court of final appeal for both civil and criminal cases. It can deal with appeals from (1) a decision of the Court of Appeal and (2) from a decision of the High Court.

Administration of Justice in Public The Constitution provides that justice shall be administered in public in all courts in Ireland, including the Supreme Court, save in such special and limited cases (family law and particular sexual offences) as may be prescribed by law.

Homework O Learn and be able to explain briefly what you know about the Irish Legal System. (Refer to QR code notes / hand-out). O Illustrate your understanding of the Irish Court structure with the aid of a diagram. (refer to QR code diagram / hand-out)