CILEX 1. Legal Terms

  1. Article 34.1 Refers to the Courts & says justice shall be administered where?
    In courts established by law
  2. Article 34.1 Refers to the Courts & says justice shall be administered by whom (& how shall they be appointed)?
    By judges, appointed in the manner provided by this constitution
  3. What does Article 34.1 have to say about the administration of justice being done in private or in public? (And about exceptions to the rule?)
    • Justice shall be administered in public, save
    • in such special an limited cases as may be prescribed by law
  4. What is the definition of the courts set out in Article 34.1? (3 main elements)
    • Justice shall be administered in courts established by law
    • by judges appointed in the manner provided by this constitution
    • and save in such special & limited cases as may be prescribed by law
    • shall be administered in public
  5. What Article of the Constitution sets out the definition for our courts?
    Article 34.1
  6. Which courts are expressly created by our constitution?
    All higher courts
  7. Which courts are NOT expressly created by our constitution, but instead allowed for indirectly?
    District Court & Circuit Court
  8. Are the higher courts expressly created by provision in Article 34.1 of the constitution?
    Yes
  9. Are the District & Circuit courts expressly created by provision in Article 34.1 of the constitution?
    No, but it is expressed that courts can be created with local and limited jurisdiction
  10. What is the function of the courts, as set out in Article 34.1 of the constitution?
    To allow for the administration of justice
  11. According to Article 34.1, on what basis are the courts to be run?
    Courts are run on Statutes & Constitution
  12. Does the constitution give provision for the appointments of judges?
    Yes, Article 34.1 of the constitution covers the appointments of judges?
  13. Which court is to be administered 'in camera'?
    Family Court
  14. Which act sets out the details of how the courts, from court staff to Chief Justice,  are to be run?
    The Courts and Court Offers Act 1995
  15. What is set out in the in The Courts and Court Offers Act 1995? (Expand)
    • How the courts are to be run.
    • (There are 10 sections which cover everything from court staff to the Chief Justice)
  16. Name the main elements covered in Article 34.1 of the constitution? (x8 points)
    • - Definition of the courts
    • - Expressly creates the higher courts
    • - Allows indirectly for lower, local & limited courts
    • - Allows for the administration of justice
    • - Basis (Statutes & Constitution)
    • - Judges' appointments
    • - Public administration (except Family Courts)
    • - Details of how the courts are to be run, including personnel (in in the 10 sections of The Courts and Court Offers Act 1995)
  17. What article of the constitution defines the role of the Attorney General?
    Article 30
  18. Whose role is defined by Article 30 of the constitution?
    The role of the Attorney General
  19. What role is being described: "the
    adviser of the Government in matters of law and legal opinion. While in office
    the [ROLE] must be independent in the advice given. He is appointed by the
    President by nomination of the Taoiseach."
    Attorney General
  20. Who is the current Attorney General?
    Seamus Wolfe SC
  21. What is the role of the Attorney General? (2 points)
    • - The adviser of the Government in matters of law and legal opinion.
    • - While in office the AG must be independent in the advice given.
  22. Who is involved in appointing the Attorney General?
    He is appointed by the President by nomination of the Taoiseach
  23. What is the name of the entrance exam for incoming students that wish to become
    solicitors to Blackhall Place?
    FE1s
  24. What are FE1s?
    This is the entrance exam for incoming students that wish to become solicitors to Blackhall Place.
  25. What is the duration of training contract education institution for Barristers? Give details.
    To qualify for a Barrister you must complete an entrance exam, then do a 1 year fulltime or a 2 year part-time Diploma in legal studies at the King’s Inn, you are then called to The Bar and you complete Devilling for 1 year (shadow a qualified Barrister)
  26. What is Devilling?
    The shadowing of a qualified Barrister.
  27. Who is the current DPP?
    Claire Loftus
  28. What is the legal basis for the role of the DPP?
    For the prosecution of offences under ART 74
  29. What is the Appellant Jurisdiction of the Courts?
    Courts have power to hear appeals from lower courts, however(?) of Art 34.3.4 as determined by law.
  30. What is a 'de nove' hearing?
    This is a re-hearing of a case from the very beginning. It can be cases that originated in the District Court to the Circuit Court and from the Circuit Court to the High Court.
  31. Name the type of appeal described here: "a re-hearing of a case from the very beginning. It can be cases that originated in the District Court to the Circuit Court and
    from the Circuit Court to the High Court."
    'De nove' hearing
  32. What is an appeal on a point of law?
    Where no evidence is heard – so a more limited type of appeal – it is asking a higher court to resolve a question of law – it is conducted on the basis of an agreed note/transcript of evidence heard in the court in the first instance.
  33. Name the type of appeal described: "no evidence is heard – so a more limited type of appeal – it is asking a higher court to resolve a question of law – it is conducted on the basis of an agreed note/transcript of evidence heard in the court in the first instance."
    Appeal on a point of law
  34. From where can a Civil appeal to District Court come?
    From the Small Claims Court
  35. What is a civil appeal to the Circuit Court?
    This relates to matter which are heard at first instance in the District Court. The appeal is held as a de novo hearing – the circuit court is governed by the district court limit in relation to remedies
  36. In researching legislation, where can all legislation be found?
    Irish Statute website
  37. From what year does the Irish Statute records begin/
    1702
Author
DH1980
ID
341343
Card Set
CILEX 1. Legal Terms
Description
CILEX Legal Executive exams
Updated