Bus. Law (criminal vs. civil law)

Topic 1

Define “Law”

A system of principles, rules and procedures imposed by a state with the aim to regulate the behaviour of individuals and maintain order within society.

Who interprets the rules of conduct, and what do they decide after interpreting them ?

• The courts

• They decide if the rules of conduct have been broken, pass sentence or make an award or compensation

What are the components of law (3)

• Legal procedure

• Legal principle

• Legal rule

What is a “Legal procedure”

The rules relating to court procedure and evidence

What is a “Legal principle”

The idea behind the law

What is a “Legal rule”

The law which puts the principle into practice

What is a “Jurisdiction”

The geographical area where a law applies

Name the characteristics of Law (3)

• Acts as a guide for behaviour

• It is regulated through institutions

• It is compulsory

Functions of Law (5)

• Sets behavioural rules

• Deters crime

• Punishes wrongdoers

• Provides a mechanism for those who have suffered a wrong to recover compensation

• Provides a means to ensure your legal rights are adhered to, and enforces people to follow their responsibilities.

Essential elements of a legal system (5)

1. Implement rules forbidding certain behaviour

2. Implement rules for compensation

3. Implement rules that regulate and enforce agreements and relationship between people

4. Implement a court system to enforce the rules

5. Implement a body to make new laws for new situations and amend existing ones

What are the 2 main types of legal cases brought before the Irish courts ?

• Criminal law cases

• Civil law cases

Define “Criminal Law”

A conduct prohibited by the state through the creation of criminal offences which are punishable by a range of sanctions.

Define a crime

A public wrong

Why is a crime “a public wrong”

It’s considered a wrong against the state, not the individual themselves

Who controls prosecution in criminal cases, and who does not ? (example)

The state, not the victim (e.g. DPP)

DPP stands for?

Director of Public Prosecutions

Who starts criminal proceedings ? (example)

The state (Gardaí or DPP)

What is the presumption of innocence?

The accused is innocent until proven guilty

Who carries the “burden of proof” in criminal law

The State

In criminal law, the standard of proof should be ______________

Beyond a reasonable doubt

What is the standard of proof for a criminal law ?

Very high

What are possible verdicts in Irish criminal law?

Guilty or Not Guilty

Plaintiff

A person who brings a case against another in a court of order

Defendant

The person being accused of a crime in a court of order

What happens after a guilty verdict ?

The judge issues a sentence; the defendant may be held in custody and receives a criminal record

What is civil law ?

A private wrong between individuals or entities

Who brings a civil case?

Plaintiff

Who carries the “burden of proof” in civil law

The plaintiff

What is the standard of proof in civil law

On the balance of probabilities

What are typical remedies in civil law? (3)

• Damages

• Injunctions

• Declarations

What is the final decision in criminal law ?

A verdict

Who gives a verdict in criminal law ? (2)

• Judge

• Jury

If the defendant is found guilty in criminal law, who is in charge of sentencing them ?

Judge

What is the difference between Judge vs. Jury ?

• Judge → A legal professional who presides over court proceedings, ensures the trial is conducted fairly, interprets the law, and makes rulings on legal matters

WHILE

• Jury → A group of citizens selected to hear evidence, assess the credibility of witnesses, & determine the facts of a case to render a verdict

What happens when the defendant is found “Not Guilty” in criminal law?

• Defendant is released without a criminal record for the crime they were accused of

What happens when a defendant is found Guilty in criminal law?

Defendant gets sentenced by the judge - may be kept in custody until sentence - they receive a criminal record

Why is civil law a “private wrong” ?

The dispute is between 2 individuals or 2 legal entities

what are the aims of criminal vs. civil law

• Criminal → Deter crime, punish wrongdoers

• Civil → Compensate loss, enforce rights.

Who are the parties in criminal vs civil law ?

• Criminal → DPP vs. Plaintiff

• Civil → Plaintiff vs. Defendant

What courts hear criminal cases? (6)

• District

• Circuit Criminal

• Central Criminal

• Special Criminal

• Court of Appeal

• Supreme Court

What courts hear civil cases ? (5)

• District

• Circuit

• High Court

• Court of Appeal

• Supreme Court

What are alternatives to court in civil law ? (5)

• Tribunals

• Arbitration

• Mediation

• Injuries Board

• Ombudsman

What is the most common remedy in civil cases

Damages

When dealing with a civil law case, what does it mean when someone says the “costs follow the event”

It means that the successful party may seek to have their costs paid by the other party

Who makes an order as to who pays the legal costs in a civil law case

The judge

Explain what dual liability is + (an example)

• A state in which a single event can lead to both criminal and civil cases.

• Example → Drunk driving causing injury

  • Driving under the influence = criminal case

  • Injured party seeking damages for personal injuries & property damage caused by negligence = civil case

What is substantive law? + example

Primary rules governing conduct in particular context (e.g. criminal law, contract law)

What is procedural law? + example

Rules for implementing substantiative law (e.g. evidence, procedure)

What is public law ? + example

Law involving the state (e.g. criminal, tax, constitutional)

What is private law? + example

Disputes between individuals / entities (e.g. tort, contract, land law)

Name key stages in the development in Irish legal system (9)

• Brehon Law

• Common Law (Introduction of English laws - from 12th century)

• Development of Modern Irish Law (20th century - present)

• Fight for Independence & Anglo Irish Treaty

• 1922 → Constitution & the Irish Free State

• 1924 → A new Irish court system

• 1937 → Constitution - Bunreacht na hÉireann

• 1973 → Membership of the European Union

• 1998 → The Belfast Agreement (Good Friday Agreement)

What is "Legal personality” ? + example

• An individual or entity is recognised as a ‘person’ under the law

• Example → MTU as it’s own separate entity (If I were to sue MTU, the lawsuit doesn’t affect the people that run it, rather the company itself)

“The rule of law” makes sure that?

• The state is bound by law

• Limits government power; no one is above the law

• The way the government operates must reflect the ‘separation of power’ principle

Referring the the “separation of power”, what are the 3 branches of government?

• Legislative power

• Executive power

• Judicial power

Why is separation of powers important?

Prevents any one brand from becoming too powerful