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Law Lecture 1
LAW MODULE
| Question | Answer |
|---|---|
| What are the 2 Irish Constitutions? | 1. The Free State Constitution 2. Constitution of Ireland |
| What is the purpose of a Constitution? | To list the rights of a civilian e.g. The right to own property. |
| Who is the guardian of the Constitution? | The Irish President |
| Who can invalidate any law that is referred by the President? | The Supreme Court |
| What is the importance of Article 15 of the Irish Constitution? | Gives exclusive power to give law to the people to the legislator |
| What is Primary Legislation? | Acts of Parliament (Big Laws) e.g. sale of goods act, unfair dismissal act |
| What is Secondary Legislation? | Minor laws (Building Regs) - Ministers orders e.g. providing a space for breastfeeding in work. |
| What is a Statuary Instrument? | Small adjustment to existing law (fast tracked law) |
| Who's obligation is an Employees right? | Their employer |
| What is Litigation? | The act of going to court to argue to a judge for judicial intervention |
| What is Arbitration? | Resolving an issue with an arbitrator in a private forum (avoiding court to settle disputes) |
| What is Mediation / Concillation ? | Similar to arbitration, method of solving legal problems without going to court. Traditionally used for family court, now popular in construction disputes. |
| What is Adjudication? | Aims to solve construction issues while the job is going on (Rapid Intervention) |
| What is the role of judges? | Create judgements to apply to cases not covered by parliamentary law. Judges fill gaps to protect citizens in the absence of legislation. |
| What is the essential job of the courts? | To interpret the law and apply it. |
| In what 3 courts can judges make binding judgements? | Supreme Court, Court of Appeal and High Courts |
| What is a Precedent? | Case Law ( Judgements ) that last forever and must be respected by all counts below |
| What is the importance of Article 26 of the Irish Constitution? | allows the President of Ireland to refer a bill to the Supreme Court to determine its constitutionality before it is signed into law. |