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High Court (Ireland)
The High Court () 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, as Article 35 dictates. However, as with almost all the President's constitutional powers, these appointments are made on "the advice of the ...
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Republic Of Ireland
Ireland ( ), also known as the Republic of Ireland (), is a country in Northwestern Europe, north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland, with a population of about 5.4 million. Its capital city, capital and largest city is Dublin, on the eastern side of the island, with a population of over 1.5 million. The sovereign state shares its only land border with Northern Ireland, which is Countries of the United Kingdom, 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 state, unitary, parliamentary republic. The legislature, the , consists of a lower house, ; an upper house, ; and an elected President of Ireland, 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, ), ...
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Courts Of The Republic Of Ireland
The Courts of Ireland consist of the Supreme Court of Ireland, Supreme Court, the Court of Appeal (Ireland), Court of Appeal, the High Court (Ireland), High Court, the Circuit Court (Ireland), Circuit Court, the District Court (Ireland), 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 Law of the Republic of Ireland, laws of Ireland. There are four sources of law in Republic of Ireland, Ireland: the Constitution of Ireland, 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 (Ireland), High Court, the Court of Appeal (Ireland), Court of Appeal, and the Supr ...
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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 and informally known as the Partition 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 recogni ...
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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. Its remit as in England was to hear lawsuits between ordinary citizens. 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 ...
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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 Dublin in which they were located, which is still called the Four Courts, and is in use as a courthouse. 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 office of Baron apparently predated the establishment of the Court itself: there are references to officials called Barons of the Irish Exchequer, like William le Brun, as early as the 1250s, though these were probably tax collectors, not judges. The Court seems to have functioned for ...
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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#History, common law. The Chancery had jurisdiction over all matters of equity (law) , equity, including English trusts law, trusts, English land law, land law, the estates of Mental illness, lunatics and the guardianship of infants. Its initial role differed somewhat: 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 gr ...
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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 usually, two or 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 ve ...
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Judicature Acts
In the history of the courts of England and Wales, the Judicature Acts were a series of acts of the Parliament of the United Kingdom, 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 o ...
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Equity (law)
In the field of jurisprudence, equity is the particular body of law, developed in the English Court of Chancery, with the general purpose of providing legal remedies for cases wherein the common law is inflexible and cannot fairly resolve the disputed legal matter. Conceptually, equity was part of the historical origins of the system of common law of England, yet is a field of law separate from common law, because equity has its own unique rules and principles, and was administered by courts of equity. Equity exists in domestic law, both in civil law and in common law systems, as well as 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 (general) In jurisdictions following the English common law syste ...
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Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ...
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Supreme Court Of Judicature Act (Ireland) 1877
The Supreme Court of Judicature Act (Ireland) 1877 ( 40 & 41 Vict. c. 57), often cited as the Supreme Court of Judicature (Ireland) Act 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 Cour ...
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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 E ...
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