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Irish High Court
The High Court ( ga, An Ard-Chúirt) of Ireland is a court which deals at first instance with the most serious and important civil and criminal cases. When sitting as a criminal court it is called the Central Criminal Court and sits with judge and jury. It also acts as a court of appeal for civil cases in the Circuit Court. It also has the power to determine whether or not a law is constitutional, and of judicial review over acts of the government and other public bodies. Structure The High Court is established by Article 34 of the Constitution of Ireland, which grants the court "full original jurisdiction in and power to determine all matters and questions whether of law or fact, civil or criminal", as well as the ability to determine "the validity of any law having regard to the provisions of this Constitution". Judges are appointed by the President. However, as with almost all the President's constitutional powers, these appointments are made on "the advice of the Governm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Republic Of Ireland
Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. Around 2.1 million of the country's population of 5.13 million people resides in the Greater Dublin Area. The sovereign state shares its only land border with Northern Ireland, which is part of the United Kingdom. It is otherwise surrounded by the Atlantic Ocean, with the Celtic Sea to the south, St George's Channel to the south-east, and the Irish Sea to the east. It is a unitary, parliamentary republic. The legislature, the , consists of a lower house, ; an upper house, ; and an elected President () who serves as the largely ceremonial head of state, but with some important powers and duties. The head of government is the (Prime Minister, literally 'Chief', a title not used in English), who is elected by the Dáil and a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Courts Of The Republic Of Ireland
The Courts of Ireland consist of the Supreme Court, the Court of Appeal, the High Court, the Circuit Court, the District Court and the Special Criminal Court. With the exception of the Special Criminal Court, all courts exercise both civil and criminal jurisdiction, although when the High Court is exercising its criminal jurisdiction it is known as the Central Criminal Court. The courts apply the laws of Ireland. There are four sources of law in Ireland: the Constitution, European Union law, statute law and the common law. Under the Constitution, trials for serious offences must usually be held before a jury. Except in exceptional circumstances, court hearings must occur in public. The High Court, the Court of Appeal, and the Supreme Court have authority, by means of judicial review, to determine the compatibility of the common law and statute law with the Constitution. Similarly, the courts may determine the compatibility of the common law with statute law. Introduction ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Government Of Ireland Act 1920
The Government of Ireland Act 1920 (10 & 11 Geo. 5 c. 67) was an Act of the Parliament of the United Kingdom. The Act's long title was "An Act to provide for the better government of Ireland"; it is also known as the Fourth Home Rule Bill or (inaccurately) as the Fourth Home Rule Act. The Act was intended to partition Ireland into two self-governing polities: the six north-eastern counties were to form "Northern Ireland", while the larger part of the country was to form " Southern Ireland". Both territories were to remain part of the United Kingdom of Great Britain and Ireland, and provision was made for their future reunification through a Council of Ireland. The Act was passed by the British Parliament in November 1920, received royal assent in December, and came into force on 3 May 1921. The smaller Northern Ireland was duly created with a devolved government and remained in the UK. The larger Southern Ireland was not recognized by most of its citizens, who instead r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Common Pleas (Ireland)
The Court of Common Pleas was one of the principal courts of common law in Ireland. It was a mirror image of the equivalent court in England. Common Pleas was one of the four courts of justice which gave the Four Courts in Dublin, which is still in use as a courthouse, its name. History According to Elrington Ball the Irish Court of Common Pleas, which was known in its early years as ''the Common Bench'' or simply ''the Bench'', was fully operational by 1276. It was headed by its Chief Justice (the Chief Justice of the Irish Common Pleas, as distinct from the Lord Chief Justice of Ireland, who was the head of the Irish Court of King's Bench). He had two (occasionally three) justices to assist him. The first Chief Justice was Sir Robert Bagod, former High Sheriff of County Limerick, a member of an old Dublin family which gave its name to Baggot Street. In the early centuries, he was often referred to as "Chief Justice of the Bench", or "the Dublin Bench". Traditionally ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Exchequer (Ireland)
The Court of Exchequer (Ireland) or the Irish Exchequer of Pleas, was one of the senior courts of common law in Ireland. It was the mirror image of the equivalent court in England. The Court of Exchequer was one of the four royal courts of justice which gave their name to the building in which they were located, which is still called the Four Courts, and in use as a Courthouse, in Dublin. History According to Elrington BallBall, F. Elrington. ''The Judges in Ireland 1221–1921''. London: John Murray, 1926 the Irish Court of Exchequer was established by 1295, and by 1310 it was headed by the Chief Baron of the Irish Exchequer, assisted by at least one associate Baron of the Exchequer. The Court seems to have functioned for some years without a Chief Baron. Sir David de Offington, former Sheriff of County Dublin, was appointed the first Baron in 1294, followed by Richard de Soham the following year, and William de Meones in 1299. The first Chief Baron was Walter de Islip, an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the estates of lunatics and the guardianship of infants. Its initial role was somewhat different: as an extension of the lord chancellor's role as Keeper of the King's Conscience, the court was an administrative body primarily concerned with conscientious law. Thus the Court of Chancery had a far greater remit than the common law courts, whose decisions it had the jurisdiction to overrule for much of its existence, and was far more flexible. Until the 19th century, the Court of Chancery could apply a far wider range of remedies than common law courts, such as specific performance and injunctions, and had some power to grant damages in special circumstances. With the shift of the Exchequer of Pleas toward ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of King's Bench (Ireland)
The Court of King's Bench (of Queen's Bench when the sovereign was female, and formerly of Chief Place or Chief Pleas) was one of the senior courts of common law in Ireland. It was a mirror of the Court of King's Bench in England. The King's Bench was one of the "Four Courts" which sat in the building in Dublin which is still known as "The Four Courts", and is still in use. Origins According to Elrington Ball,Ball, F. Elrington ''The Judges in Ireland 1221–1921'' John Murray London 1926 the Court called ''the King's Bench'' can be identified as early as 1290. It was fully operational by 1324, headed by the Lord Chief Justice of Ireland, who was assisted by at least one, and often more associate justices, although for brief periods the Chief Justice was forced to sit alone, due to the lack of a suitably qualified colleague. A Statute of 1410 provided that a trial in King's Bench set down for a specific county must proceed there, and must not be moved to another venu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicature Acts
In the history of the courts of England and Wales, the Judicature Acts were a series of Acts of Parliament, beginning in the 1870s, which aimed to fuse the hitherto split system of courts of England and Wales. The first two Acts were the Supreme Court of Judicature Act 1873 (36 & 37 Vict. c. 66) and the Supreme Court of Judicature Act 1875 (38 & 39 Vict. c. 77), with a further series of amending acts (12 in all by 1899). By the Act of 1873 (ss. 3, 4), the Court of Chancery, the Court of King's Bench (known as the Queen's Bench when there is a female Sovereign), the Court of Common Pleas, the Court of Exchequer, the High Court of Admiralty, the Court of Probate, and the Court of Divorce and Matrimonial Causes were consolidated into the Supreme Court of Judicature, subdivided into two courts: the "High Court of Justice" ("High Court"), with (broadly speaking) original jurisdiction, and the "Court of Appeal". Besides this restructuring, the objects of the act were threefold: ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equity (law)
Equity is a particular body of law that was developed in the English Court of Chancery. Its general purpose is to provide a remedy for situations where the law is not flexible enough for the usual court system to deliver a fair resolution to a case. The concept of equity is deeply intertwined with its historical origins in the common law system used in England. However, equity is in some ways a separate system from common law: it has its own established rules and principles, and was historically administered by separate courts, called " courts of equity" or "courts of chancery". Equity exists in domestic law, both in civil law and in common law systems, and in international law. The tradition of equity begins in antiquity with the writings of Aristotle (''epieikeia'') and with Roman law (''aequitas''). Later, in civil law systems, equity was integrated in the legal rules, while in common law systems it became an independent body of law. Equity in common law jurisdictions (gener ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. ''Stare decisis'', the principle that cases should be decided according to consistent principled rules s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Judicature Act (Ireland) 1877
The Supreme Court of Judicature Act (Ireland) 1877 was an Act of the Parliament of the United Kingdom that brought about a major reorganisation of the superior courts in Ireland. It created a Supreme Court of Judicature, comprising the High Court of Justice in Ireland and the Court of Appeal in Ireland. It mirrored in Ireland the changes which the Supreme Court of Judicature Act 1873 had made in the courts of England and Wales. Provisions The Act marked the fusion of the administration of common law and equity in Ireland, although not a merger of the jurisdictions themselves. Prior to the Act coming into force a litigant had to sue in equity in the Court of Chancery and at common law in the common law courts of the Common Pleas, the Exchequer, and the Queen's Bench. Mirroring earlier legislation applying to England and Wales, the Act merged these four courts to become a single High Court of Justice in Ireland; the old courts continued as divisions of the new court. Amending l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Justice In Ireland
The High Court of Justice in Ireland was the court created by the Supreme Court of Judicature Act (Ireland) 1877 to replace the existing court structure in Ireland. Its creation mirrored the reform of the courts of England and Wales five years earlier under the Judicature Acts. The Act created a Supreme Court of Judicature, consisting of a High Court of Justice and a Court of Appeal. Establishment The High Court was created by the Supreme Court of Judicature (Ireland) Act 1877, through the amalgamation of a number of courts. Most importantly, the three superior common-law courts (the Court of King's Bench, the Court of Common Pleas, and the Court of Exchequer) and the Court of Chancery were merged into the new court. Also merged into it were the courts of Landed Estates, Probate, Matrimonial Causes, Admiralty, and Bankruptcy.Delaney, V.T.H. ''Christopher Palles'' Alan Figgis and Co. 1960, p. 94-5 However, the right of appeal from Ireland to the House of Lords in En ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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