...The Irish Legal System Task 1 There are five different courts in the Irish legal system. They start with the District Court which is the lowest court and has the lowest jurisdiction and work up to the Supreme Court. The District Court has a limited and local jurisdiction. It can deal with claims of up to €15,000. It can hear cases like damages in tort, family law and some license applications. It also has a jurisdiction to sit as a Smalls Claims Court with max ruling being €2,000. The Circuit Court is the next court on the ladder it can hear appeals from The District Court. It can deal with claims up to €75,000. There is only a judge there is no jury in this court accept for cases of defamation. This court deals mostly with contract and tort law cases. The High Court is the next highest court and it hears appeals from The Circuit Court. It has an unlimited jurisdiction and the money that can be claimed is unlimited. It can hear cases in tort law and family law. There are 37 High Court judges. The Court of Appeal hears appeal cases from The High Court. It was established on 28th October 2014 and is placed between The High Court and Supreme Court. It hears cases that would before have been heard by The Supreme Court. When is session there are three judge who hear and decide the case. The Supreme Court is the final appeal in civil cases in Ireland. The court may agree with or reverse any decision made by a lower court or order a new trial. The Supreme Court hears cases...
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...In our legal system, the lawyers are using all kinds of defenses to repsent their clients. And there are many types of them. Sometimes they are used to help with a client the defense lawyer knows is guilty, and is trying to get a lesser sentence. We all see the television shows where the defense attorney and his client meet with the DA and work out a deal, and we say wow what an easy job that is. If we look at it more in the real light it is not so easy. First the defense must find any potential violations to his defendants legal rights. He must also, “ determine the best stratery for arguring on the defendants behalf”. (Meyer and Grant 2003) When the defense looks at the charges agenst their client they then need to look at many factors such as, is there any evidence that can prove the mental state of the defenant. If there is then they might be able to go with a defense of either temperary insaniey or even insaniey. There needs to be an guily act that was voluntary which is actus reus. If there was no voluntay act then it could fit in this defense of insaniey. The next defense could be selfdefense. Was this a crime where the person need to protect themselves, from harm. The defense lawyer needs to look at all the circumstances in the case. The next one is along the same lines as selfdefense, but it is was the defendant provocated by either being abused for a long period of time in there life. Was the defendant being abused at that point and lost control. Also...
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...The legal system of the Hong Kong Special Administrative Region (HKSAR) is based on the rule of law and the independence of the judiciary. The constitutional framework for the legal system is provided by the Basic Law sanctioned by the National People’s Congress of the PRC. Under the principle of ‘one country, two systems’, the HKSAR legal system, which is different from that of Mainland China, is based on the common law, supplemented by local legislation. All legislation in force in the HKSAR is accessible on the internet at www.legislation.gov.hk. Law in the HKSAR: The laws in force in the HKSAR include: (1) the Basic Law; (2) national laws listed in Annex III to the Basic Law; (3) the laws, including the common law and the rules of equity, in force before July 1, 1997, apart from a small number of statutory provisions which were declared by the Standing Committee of the National People’s Congress to contravene the Basic Law; and (4) laws enacted by the legislature of the HKSAR. National laws relating to defence, foreign affairs and other matters outside the limits of the autonomy of the HKSAR may be listed in Annex III to the Basic Law for application in the HKSAR by way of promulgation or legislation by the HKSAR. Currently, 12 national laws are included in Annex III to the Basic Law. The Judiciary: It is fundamental to Hong Kong’s legal system that members of the judiciary are independent of the executive and legislative branches of government...
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...Topic 1: The Legal System TABLE OF CONTENTS | | | |Introduction |1 | | | | |The Local Court |2 | | | | |The District Court |4 | | | | |The Supreme Court |6 | | | | |Alternative Dispute Resolutions |7 | | | ...
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...Its legal, ethical and global environment, one way that the U.S. legal system affects this country, particularly businesses, is the fact that it maintains order. Import laws limit how much of certain products (if any) from a given country can come into the US, regulates who/what/where can receive US goods via export, and even controls the ability to process payments and collect debts. Beyond that, laws such as the Foreign Corrupt Practice Act (FCPA) and anti-boycott laws limit the way in which US companies can do business abroad, even through agents & subsidiaries. The overarching aspect about the US legal system that influences business is "accountability." if you enter into a contract with a US company and they breach it, they can be held legally accountable to you, and you can effectively assert your rights in court - whether you are a US citizen or a foreign company. While there are numerous examples of large companies abusing the legal system at the expense of smaller ones. In addition to getting your day in court, and being treated fairly, accountability means that any court decision in your favor should be enforceable. Unenforceable judgments are impotent and unjust. Knowledge of this accountability gives companies, both US and foreign, a degree of comfort that allows them to more freely enter into agreements with US companies. Absent the accountability that is afforded by a fair, accessible, and effective court system, companies may be more hesitant to take...
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...A court is a Parliamentary institution and one of the main sources of English law which has the authority to resolve legal disputes between parties and carry out justice in both civil and criminal divisions in accordance with the rule of law. The courts have a function that gives the public the chance to bring their claims before a court and those accused of a crime have the right to present a defense before a court. The courts is part of the law making process and it is clear that the judges make law in two ways by interpreting and applying the law and by developing the common law which forms parts of the judiciary. On the purpose of my court observation I visited two courts. Firstly, On Tuesday 26th of October the Supreme Court in Parliament Square. The Supreme Court is the last court of appeal for both civil and criminal cases from England, Wales, Northern Ireland and Scotland. The court hears appeals on arguable points of law of the general public and is bound by its own decisions. The Supreme Court was established by the Constitutional Reform Act 2005 and now undertakes the work previously carried out by the House of Lords. These changes took place in order to emphasise the separation of powers in our constitution, and for more independence between the senior judges from the United Kingdom’s law makers. However, the previous decisions of House of Lords are still binding on future courts even after being abolished. It’s also important to note that the Supreme Court’s first...
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...Changing Course – Keeping Kids Out of Gangs Ashley Solipo Kaplan University CM107 Changing Course: Keeping Kids Out of Gangs The article I have chosen is Changing Course: Keeping Kids Out of Gangs by Nancy Ritter who is a writer and editor for the National Institute of Justice. The audience that the article is directed towards are parents, families, teachers, law enforcement, as well as youth groups who have interaction with our youth on a daily basis. I selected this article to write about because I believe it is a huge problem in our society today. Our communities should be forewarned of the violence and consequences of youth gang membership. Here in the United States gang membership has remained persistent and has been such a huge problem for many in the past years. It is said that One in three local law enforcement agencies have reported gang problems in their jurisdiction. In a 2010 national survey, about 45 percent of high school students and 35 percent of middle school students had admitted to being gang members. It is sad to see that this is the world we live in today! Because of the increase in gang membership, consequences for gang membership has increased tremendously and placed such a burden on communities and law enforcement today. The influence of gangs today has played a huge role in the generations to come. Our youth who are in gangs are more likely to be both victims and perpetrators of violence then those whose...
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...Legal system in France France uses a civil law system; that is, law arises primarily from written statutes; judges are not to make law, but merely to interpret it (though the amount of judge interpretation in certain areas makes it equivalent to case law). The Conseil d'État sits in the Palais Royal Many fundamental principles of French Law were laid in the Napoleonic Codes. Basic principles of the rule of law were laid in the Napoleonic Code: laws can only address the future and not the past (ex post facto laws are prohibited); to be applicable, laws must have been officially published. In agreement with the principles of the Declaration of the Rights of Man and of the Citizen, the general rule is that of freedom, and law should only prohibit actions detrimental to society. As Guy Canivet, first president of the Court of Cassation, said about what should be the rule in French law: “Freedom is the rule, and its restriction is the exception; any restriction of Freedom must be provided for by Law and must follow the principles of necessity and proportionality”. That is, law may lay out prohibitions only if they are needed, and if the inconveniences caused by this restriction do not exceed the inconveniences that the prohibition is supposed to remedy. France does not recognize religious law, nor does it recognize religious beliefs as a motivation for the enactment of prohibitions. As a consequence, France has long had neither blasphemy laws nor sodomy laws (the latter being...
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...British crown for a statutoryreception which gives power to the East India Co. to operate a competent English legal system andestablish reception of English common law. There are 3 charters of justice granted in history and thefirst is in 1807 in Penang and this charter established that all civil and criminal matters to be exercised byPenang. The second charter is in 1826 and the third charter was granted in 1855. The law that shallapply is English law as administered in England on March 1807 and the application of law subject to localcircumstances. The charter also created the Court of Judicature of Prince of Wales. A Recorder wasappointed to act as judge to the court established. This statutory reception introduced and affirmed thestatus of English law and undoubtedly the tool of the colonial advancing through the Penang. In the case of Fatimah v Logan 1871, the court describe Penang as a desert and uninhabitedisland and without any fixed legal institution and since the Sultan of Kedah never exercise his power onPenang, therefore the territory is considered as terra nullius and without a Lex Loci. It was ruled that thelaw of Penang is common law.Outline the provision of Charter of Justice 1826 Royal Charter of Justice refers to the permission granted by British crown for a statutoryreception which gives power to the East India Co. to operate a competent English legal system andestablish reception of English common law. The first Charter of Justice was granted in 1807 for astatutory...
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...with the detailed analysis of the Russian legal system and also a critical analysis of the textual and contextual part of laws of the Islamic Republic of Afghanistan According to the Constitution, Afghanistan is an Islamic Republic, independent, unitary and indivisible state. It aims at consolidating national unity, safeguarding independence, national sovereignty, and territorial integrity of the country, for establishing a government based on people's will and democracy. Also for the first time, any constitution of this state has recognized and given place to human rights and fundamental rights. The government comprises of a Council of Ministers and a National Assembly. The President is the head of the state and the Commander-in-chief of the army. The country has been through many political upheavals and the current constitution was adopted post withdrawal of American NATO forces and an executive president was elected. The National Assembly is composed of the House of People(Woleshi Jirga) and the House of Elders (Meshrana Jirga). The first legislature was elected in 2005 and then re-elected in 2010. The current parliamentary members mostly comprise of former mujahedeen, Islamic fundamentalists, reformists, communists and several Taliban members. The current Afghanistan government system consists of three branches of power- executive, legislature and judiciary overseen by a system of checks and balances. The Afghanistan legal system is mostly a mixture of civil, customary...
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...Assignment Assignment tittle: Aspects of the legal system and law-making process. P1 and P2 – Produce a diagram of the hierarchy of courts in the UK. Describe each of the courts in turn. P2 - European court of justice is the highest of court affecting our legal system since 1973. For points of European law, a decision has to be made by this court and is compulsory on all other courts in England and wales. However, there are still laws which are unaffected by European Union law and for these the Supreme Court (formerly the House of Lords) is the Supreme Court. An important aspect of the European court of justice is that is prepared to overrule its own past decisions if it feels it is necessary. This is a flexible approach to past precedents is seen in other legal systems in Europe, and is a contrast to the more rigid approach of our national courts. The court is divided in to three sections which are court of justice which deals with requests for preliminary rulings from national courts and certain actions for annulment and appeals. Then the general court rules on actions for annulment brought by individuals, companies and, in some cases, EU governments. This means that this court deals mainly with competition law, State aid, trade, agriculture, trademarks. Then there is the civil service tribunal which rules on disputes between the EU and its staff. The role of the European...
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...Supreme Court The Supreme Court sits as a UK court when taking on civil case as it listens to 70 cases a year, mostly civil, which include some cases from Northern Ireland and Scotland. The majority of the civil cases are linked with tax law. On rare occasions a case can leap-frog from high court to Supreme Court but if not then the majority of the appeals come from the court of appeal or Scottish Court of Session. Leave to appeal to the Supreme Court must be granted by the lower court; this is usually court of appeal or by two justices. Only cases that raise a point of law of general public will be heard here. The Supreme Court will also hear criminal cases as well as civil. Court Of Appeal Civil Division The civil division of the court of appeal mainly hears appeals that came from the high court but on occasion it will hear cases from multi-track actions that have come from county court. The court will occasionally get appeals about the amount of damages awarded e.g. libel cases. Most appeals will concern a question in law. Leave to appeal must be agreed to by the lower court or by the Court of Appeal itself. The court of appeal can uphold or reverse the lower court’s decision. Criminal Division This division is presided over by Lord...
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...The Legal System and ADR University of Phoenix Law531 Michael Meeusen The Legal System and ADR Traditional litigation and ADR are two different ways to resolve a legal dispute. The use of traditional litigation takes you through a costly and lengthy trial before a judge and sometimes a jury. Whereas, ADR, also known as alternative dispute resolution, is a method of resolving legal dispute without going to trial. In the case of Rainy vs. Domino’s pizza, LLC traditional litigation was used but using ADR in the case may have been the better way to go. In the state court system this case would begin by the plaintiff, Paul Rainy filing a complaint. Then Domino’s pizza, LLC has to file an answer to the plaintiff’s case, which in this case they deny being vicariously liable for the plaintiffs’ injuries. The discovery process is the next step to state court system. At this point both parties will engage in activities to discover the facts of the case from all parties’ involved as well as witnesses (Cheeseman, 2013, p. 45). A deposition is one of many examples of discovery that can be used to provide detail in a legal dispute. In terms of a deposition a witness or party gives testimony pretrial, under oath, to be used as evidence during the actual trial. In the state court system the last step used before actually going to trial is a pretrial hearing or settlement conference (Cheeseman, 2013, p. 47). In this pretrial hearing both parties try to facilitate a settlement...
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...The U.S Legal System 1. Which Article of the U.S. Constitution creates the: a. Executive Branch? Article II. The president is responsible for carrying out and enforcing the laws written by congress. b. Legislative Branch? Article I. The Legislative Branch is made up of 2 houses, the House of Representatives and the Senate. These together form the United States Congress. The Legislative Branch writes the laws. c. Judicial Branch? Article III. The Judicial Branch interprets the laws. The Supreme Court has been given the power to rule when something is constitutional or unconstitutional. 2. What Article of the U.S. Constitution describes the procedure for amending the Constitution? Article V. In article V the congress or the states can propose an amendment and the legislation or by the convention in at least three-fourths of the states has to ratify the amendment. 3. Which Amendment in the Bill of Rights: a. Guarantees "freedom of speech"? The 1st Amendment. The first amendment lists five freedoms; religion, speech, presses, assembly, and petition. These five freedoms are referred to as the Freedom of Expression. b. Guarantees that a citizen accused of a crime receives a "speedy and public trial, by an impartial jury"? The Sixth Amendment. The 6th Amendment states that anyone accused of a crime have the right to a speedy and fair trial. This is done by an impartial jury in the state and district where the crime was committed...
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...Lanka. Previously, the country was sultanate under Portuguese and then was British protectorate and obtained independence in 1965. Islam is the state religion and Dhivehi is a local language. English is widely spoken and considered as business language. The country is made up of 1,190 islands in 20 atolls which are spread over roughly 90,000 square kilometer. Only 192 of the islands are inhabited, and 70 percent of those have a population of less than 1,000 people. The Maldives legal system is based on an admixture of Islamic Law and English common law. English common law greatly influences the civil and commercial laws of the country. To know more about the country, please visit Commonwealth country profile on Maldives and Commonwealth Governance. A very informative paper on the history of the country, legal history, court system, and criminal justice system can be found here. Observation of the United Nations Special Rapporteur on the Judiciary and Legal System of Maldives can be found here. 2. Legal History of Maldives When the British came to control most of the areas of the Indian Ocean by the late nineteenth century, the Maldivian Sultan entered into an agreement with the Governor of Ceylon in 1887, which allowed the country to enjoy the status of a protected state without actually becoming a protectorate. The British could control external affairs only and had no authority over the internal affairs of the country. Finally, the country became independent in July 1965...
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