2. Irish Courts

How do civil and criminal proceedings differ?

Civil disputes concern private rights; criminal proceedings concern offences prosecuted by the State.

What is jurisdiction?

The legal authority of a court to hear a particular type or value of case.

What two broad branches organise Irish courts?

Civil and criminal jurisdictions.

List the ordinary court levels from lowest to highest?

District → Circuit → High Court → Court of Appeal → Supreme Court.

What is the Supreme Court’s main role?

Ireland’s court of final appeal, hearing appeals meeting constitutional thresholds.

When can Supreme Court permission to appeal be granted?

For a matter of general public importance or where the interests of justice require it.

What is a leapfrog appeal?

An exceptional direct appeal from the High Court to the Supreme Court.

What does the Court of Appeal generally hear?

Civil and criminal appeals, usually from the High Court or Central Criminal Court.

What is an appeal by way of case stated?

A lower court refers a point of law to a higher court.

What is the High Court’s general civil jurisdiction?

Broad original jurisdiction, including major claims and constitutional questions.

Which court commonly hears judicial review of administrative action?

The High Court.

What criminal role does the Central Criminal Court play?

It is the High Court sitting to try the most serious indictable offences.

What kinds of disputes does the Circuit Court hear?

Civil claims within its limits and serious criminal cases on indictment.

What is the District Court’s core role?

Local, limited-jurisdiction civil and summary criminal matters.

What is distinctive about the Special Criminal Court?

A non-jury court used for certain specified offences.

Is the Commercial Court a separate tier above the High Court?

No; it is a specialist division/list of the High Court.

What is the Commercial Court designed to achieve?

Efficient management of significant commercial litigation.

What is the difference between an appeal and judicial review?

An appeal challenges a decision; review tests legality of decision-making.

Which court can declare legislation unconstitutional?

The High Court, subject to appeal to higher courts.

How should you answer a 3-mark question on court function?

Name the court, state its jurisdiction and give one characteristic.

How should you approach a Supreme Court appeal question?

State permission tests, explain the public-importance/justice grounds and apply facts.

Which case is used to illustrate constitutional challenges in the courts? See McGee v Attorney General (1974)

Judicial decisions can recognise and protect constitutional rights.