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Byrne V. Ireland
''Byrne v. Ireland'' (1972) was a case decided by the Supreme Court of Ireland that is important because it abolished the immunity of the state in tort, meaning that the state could be sued for the actions of its servants. The case also determined that the Attorney General was the appropriate party to represent the state in these tort cases. Facts of the case The plaintiff (Miss Kathleen Byrne) was walking on a footpath outside her home in Co. Wicklow on September 18, 1965, when it subsided causing her an injury; a cable-laying team from the Department of Posts and Telegraphs had been working on the sidewalk. Byrne sued the "People of Ireland" and the Attorney General for negligence, breach of statutory duty and nuisance as a result of the actions of the state's servants. After an intervention by the Chief State Solicitor, "Ireland" was substituted for the "People of Ireland" in the action. The case originally went to the High Court in 1968, which dismissed the plaintiff's ...
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Supreme Court Of Ireland
, image = Coat of arms of Ireland.svg , imagesize = 120px , alt = , caption = Coat of Arms of Ireland , image2 = Four Courts, Dublin 2014-09-13.jpg , imagesize2 = , alt2 = , caption2 = The Supreme Court sits in the Four Courts in Dublin , established = , dissolved = , jurisdiction = Ireland , location = Four Courts, Dublin , coordinates = , motto = , type = Appointed by the President, acting on the binding advice of the Government , authority = Article 34 of the ConstitutionCourts (Establishment and Constitution) Act 1961 , appealsto = , appealsfrom = Court of Appeal High Court , terms = Once appointed, a judge may only be removed by the Oireachtas for stated misbehaviour or incapacity. Mandatory retirement on reach 70 years of age. , positions = 10 and 2 members , bud ...
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Vicariously Liable
Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, ''respondeat superior'', the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator. It can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of enterprise liability because, unlike contributory infringement, knowledge is not an element of vicarious liability. The law has developed the view that some relationships by their nature require the person who engages others to accept responsibility for the wrongdoing of those others. The most important such relationship for practical purposes is that of employer and employee. Employers' liability Employers are vicariously liable, under the ''respondeat superior'' doctrine, for negligent acts or omissions ...
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Quietus
Titus Fulvius Junius Quietus (died 261) was a Roman usurper against Roman Emperor Gallienus. History Quietus was the son of Fulvius Macrianus and a noblewoman, possibly named Junia. According to '' Historia Augusta'', he was a military tribune under Valerian, but this information is challenged by historians. He gained the imperial office with his brother Macrianus Minor, after the capture of Emperor Valerian in the Sassanid campaign of 260. With the lawful heir, Gallienus, being far away in the West, the soldiers elected the two emperors. The support of his father, controller of the imperial treasure, and the influence of Balista, Praetorian prefect of the late Emperor Valerian, proved instrumental in his promotion. Quietus and Macrianus, elected consuls, had to face the Emperor Gallienus, at the time in the West. Quietus and Balista stayed in the eastern provinces, while his brother and father marched their army to Europe to seize control of the Roman Empire. After th ...
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Prima Facie
''Prima facie'' (; ) is a Latin expression meaning ''at first sight'' or ''based on first impression''. The literal translation would be 'at first face' or 'at first appearance', from the feminine forms of ''primus'' ('first') and ''facies'' ('face'), both in the ablative case. In modern, colloquial and conversational English, a common translation would be "on the face of it". The term ''prima facie'' is used in modern legal English (including both civil law and criminal law) to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case. In common law jurisdictions, a reference to ''prima facie evidence'' denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact. The term is used similarly in academic philosophy. Most legal proceedings, in most jurisdictions, require a ''prima facie'' case to exist, following which proceedings may then commence to test it, and create a ruling. Bu ...
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Feudalism
Feudalism, also known as the feudal system, was the combination of the legal, economic, military, cultural and political customs that flourished in medieval Europe between the 9th and 15th centuries. Broadly defined, it was a way of structuring society around relationships that were derived from the holding of land in exchange for service or labour. Although it is derived from the Latin word ''feodum'' or ''feudum'' (fief), which was used during the Medieval period, the term ''feudalism'' and the system which it describes were not conceived of as a formal political system by the people who lived during the Middle Ages. The classic definition, by François Louis Ganshof (1944),François Louis Ganshof (1944). ''Qu'est-ce que la féodalité''. Translated into English by Philip Grierson as ''Feudalism'', with a foreword by F. M. Stenton, 1st ed.: New York and London, 1952; 2nd ed: 1961; 3rd ed.: 1976. describes a set of reciprocal legal and Medieval warfare, military obligations ...
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Monarchy Of The United Kingdom
The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the constitutional form of government by which a hereditary sovereign reigns as the head of state of the United Kingdom, the Crown Dependencies (the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man) and the British Overseas Territories. The current monarch is King Charles III, who ascended the throne on 8 September 2022, upon the death of his mother, Queen Elizabeth II. The monarch and their immediate family undertake various official, ceremonial, diplomatic and representational duties. As the monarchy is constitutional, the monarch is limited to functions such as bestowing honours and appointing the prime minister, which are performed in a non-partisan manner. The sovereign is also able to comment on draft laws which directly affect the monarchy. The monarch is also Head of the British Armed Forces. Though the ultimate executive authority over the government is sti ...
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President Of Ireland
The president of Ireland ( ga, Uachtarán na hÉireann) is the head of state of Ireland and the supreme commander of the Irish Defence Forces. The president holds office for seven years, and can be elected for a maximum of two terms.Constitution of Ireland: Article 12.3 The president is elected directly by the people, although there is no poll if only one candidate is nominated, which has occurred on six occasions to date. The presidency is largely a ceremonial office, but the president does exercise certain limited powers with absolute discretion. The president acts as a representative of the Irish state and guardian of the constitution. The president's official residence is in Phoenix Park, Dublin. The office was established by the Constitution of Ireland in 1937. The first president assumed office in 1938, and became recognised internationally as head of state in 1949 after the coming into effect of the Republic of Ireland Act. The current president is Michael D. Higg ...
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Legal Remedy
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of Civil law (common law), civil law jurisdiction, enforces a right, imposes a Sentence (law), penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual. In common law jurisdictions and mixed civil-common law jurisdictions, the law of remedies distinguishes between a legal remedy (e.g. a specific amount of monetary damages) and an equitable remedy (e.g. injunctive relief or specific performance). Another type of remedy available in these systems is declaratory relief, where a court determines the rights of the parties to Lawsuit, action without awarding damages or ordering equitable relief. The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability. In the legal system of the United States, there exists a t ...
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Litigation
- A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private pa ...
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Government Of Ireland
The Government of Ireland ( ga, Rialtas na hÉireann) is the cabinet that exercises executive authority in Ireland. The Constitution of Ireland vests executive authority in a government which is headed by the , the head of government. The government is composed of ministers, each of whom must be a member of the , which consists of and . The Taoiseach must be nominated by the Dáil, the house of representatives. Following the nomination of the , the President of Ireland appoints the to their role. The President also appoints members of the government, including the , the deputy head of government, on the nomination of the and their approval by the . The government is dependent upon the Oireachtas to pass primary legislation and as such, the government needs to command a majority in the in order to ensure support and confidence for budgets and government bills to pass. The Government is also known as the cabinet. The current government took office on 17 December 2022 wit ...
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Oireachtas
The Oireachtas (, ), sometimes referred to as Oireachtas Éireann, is the bicameral parliament of Ireland. The Oireachtas consists of: *The President of Ireland *The two houses of the Oireachtas ( ga, Tithe an Oireachtais): **Dáil Éireann ( lower house) **Seanad Éireann (upper house) The houses of the Oireachtas sit in Leinster House in Dublin, an eighteenth-century ducal palace. The directly elected Dáil is by far the more powerful branch of the Oireachtas. Etymology The word comes from the Irish word / ("deliberative assembly of freemen; assembled freemen; assembly, gathering; patrimony, territory"), ultimately from the word ("freeman"). Its first recorded use as the name of a legislative body was within the Irish Free State. Composition Dáil Éireann, the lower house, is directly elected under universal suffrage of all Irish citizens who are residents and at least eighteen years old. An election is held at least once every five years as required by law; howev ...
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