The Law Times

Author: N.A

Publisher: N.A


Category: Law

Page: N.A

View: 5475


Layman's Guide to Irish Law

Criminal Law

Author: Teresa Clyne

Publisher: Createspace Independent Publishing Platform

ISBN: 9781530326501


Page: 142

View: 7013

Legal writing in plain English. Law guidebooks using plain English which is easy to understand using clear concise plain wording. Welcome to my series of law guidebooks for beginners.Criminal LawA crime is defined in law in Ireland as an act which may be punished by the State. The way in which a criminal offence is investigated and prosecuted depends on the type of crime involved. For these purposes criminal offences may be described in different ways such as:* Summary offences* Indictable offences* Minor offences* Serious offences* Arrestable offencesThere are two ways criminal offences can be tried in Irish law:* In the lower court (District Court) before a judge without a jury (summary).* In the higher courts (Circuit Criminal Court, Central Criminal Court) before a judge and jury (indictable).Actus Reus Mens Rea Intention What is Criminal Law? Article 40 of the constitution of IrelandSummary and indictable offences Minor and non-minor offencesSerious and non-serious offencesArrestable and non-arrestable offencesAccomplice to CrimePrincipal in CrimeAccessory after the FactDifferences between Crimes and TortsInchoate OffencesIncitementConspiracy AttemptPublic order offences in IrelandIntoxication (being drunk) in a public placeDisorderly conduct in a public placeThreatening, abusive or insulting behaviour in a public placeBegging in an intimidating or threatening manner Distribution or display in a public place of material which is threatening, abusive, insulting or obscene Failure to comply with the direction of a member of An Garda SiochanaWilful obstructionEntering a building, etc, with intent to commit an offenceTrespass on a building, etcRiot Violent disorderAffrayBlackmail, extortion and demanding money with menaces Assault with intent to cause bodily harm or commit an indictable offenceAssault or obstruction of a peace officerAttacks on emergency service personnelIndictable offences:Summary offences:The Prosecution of CrimeDistrict Court Summons ProcedureThe Validity of the SummonsTime Limits for the Issuing of A SummonsIndictable Offences Time LimitsCharge Sheet ProcedureRight to Silence and against Self-incriminationBailArrestsArrest without a warrantEntry and search of a premises to carry out an arrestManner of Arrest Search of the Arrested PersonProcedure after ArrestImmunity from ArrestAn arrestable offence under the Criminal Law Act 1997Section 30 of the Offences Against The State Act 1939Periods of Detention:Section 30 of the Offences Against the State Act 1939Section 4 of the Criminal Justice Act 1984Section 2 of the Drug Trafficking Act 1996Drug offencesCustoms National Drug TeamPossession of any other controlled drugsGrowing cannabis plants or opium poppiesRegulations regarding opiumPossession of controlled drugs for sale or supply Use of premises, vehicles or vessels for certain activitiesForged or fraudulently altered prescriptionsAttempting or helping others to commit an offence Court-ordered drug treatmentThe Definition of HomicideVoluntary Manslaughter:Section 4 of the Criminal Justice Act, 1964, which provides:A life sentence is mandatory for murderCapital PunishmentDeath Penalty FactsManslaughter and ProvocationFatal Assault ManslaughterCriminal NegligenceDuty to ActAct or OmissionEuthanasiaNon-voluntary EuthanasiaTheft, Burglary, Aggravated Burglary and Robbery Section 4 of the Criminal Justice Act 2001 Actus Reus and Mens Rea of theft Theft, robbery and burglary. Aggravated burglary s. 13 the Criminal Justice Act 2001 Penalty s. 13(3) the Criminal Justice Act 2001 Section 14 Criminal Justice Act 2001The defence of IntoxicationIntoxication by DrugsThe Burden of ProofDefence of MistakeDefence of InsanityFit or unfit to be triedNot guilty by reason of insanityDiminished responsibility in murder casesConstrained ChoiceDefence of Necessity

Competence Assessment in Dementia

Author: European Dementia Consensus Network

Publisher: Springer Science & Business Media

ISBN: 3211723692

Category: Medical

Page: 184

View: 3043

The increasing proportion of demented elderly in populations, debates over patient’s rights and autonomy, and the growing body of knowledge on dementia has inspired the European Dementia Consensus Network to regard competence assessment in dementia as an important topic of debate. This book contains a summarised consensus as well as chapters on state-of-art neuropsychological functions and how they relate to competence, and chapters discussing ethical, legal perspectives.

The World of Saint Patrick

Author: Philip Freeman

Publisher: Oxford University Press

ISBN: 0199372608

Category: Religion

Page: 240

View: 6559

The legend of Saint Patrick is irresistibly captivating-he drove the snakes out of Ireland, battled the druids, and used the three-leaf Shamrock to convert the pagan Irish to belief in the Christian Trinity. Yet, as so often happens, these stories are mere myths that fold under closer scrutiny. Snakes never plagued the Irish countryside, and the Emerald Isle's most beloved saint wasn't even Irish but a Briton of the Roman nobility. Fortunately, the truth is even more fascinating. In The World of Saint Patrick, classical scholar Philip Freeman offers the definitive account of Saint Patrick's life through new and vibrant translations of the greatest works of early Christian Ireland. This story of great violence, brutality, and even greater faith begins with two letters Patrick wrote describing his kidnapping by pirates at age sixteen and subsequent slavery. Although his grandfather was a priest and his father a deacon, at the time of his kidnapping Patrick had rejected his childhood faith in favor of atheism. Yet in this deeply moving narrative, Patrick recounts how he regained his faith during his captivity, and how the voice of God guided him both in his escape from bondage and in his eventual return to Ireland as a missionary to the very people who had enslaved him. The World of Saint Patrick delves into colorful tales of Patrick's struggles with pagan kings, soaring hymns of praise, and a prayer of protection against forces of evil such as "the magic of women, blacksmiths, and druids." Freeman also examines the life of Saint Brigid, Ireland's first female saint, and the legendary voyage of Saint Brendan and his monks across the western ocean. Both general readers with an interest in Ireland's saints and scholars studying religion or medieval history will be unable to put down this captivating tale of Ireland's greatest saint and the remarkable times in which he lived.

Regulatory Law in Ireland

Author: Niamh Connery,David Hodnett

Publisher: Bloomsbury Professional

ISBN: 9781847662545

Category: Law

Page: 582

View: 3352

Irish Law Business and the law… your accessible NEW guide to regulation in Ireland's economy This much needed new legal resource provides a clear legal overview of the heavily regulated sectors of the Irish economy: - Aviation - Banking and financial services - Broadcasting - Communications including post - Energy For anybody advising or working for a commercial organisation operating in any of these sectors, Regulatory Law in Ireland is a truly essential addition to your toolkit. The up-to-date cases and notes, KEY legislative detail and specialist technical guidance will help ensure your client's commercial activities are legally compliant at all times. Readers will quickly grasp how and by whom each sector is regulated thanks to the practical format. From the economic policies and the legal aspects of doing business, through to invaluable information on investigations, enforcement, appeals and judicial review. - You'll benefit from a clear overview of the regulatory framework - Chapters on appeals, regulatory crime and judicial review - Keep your clients updated on the law affecting their business operations - It guides you through the 'essentials' before supplying more in-depth information - No other book covers the legal aspects of the regulation of the Irish aviation, broadcasting, communications or energy sectors - Saves the need to undertake expensive and time consuming research The role of the main regulators: Commission for Aviation Regulation Central Bank and Financial Services Regulatory Authority Broadcasting Commission of Ireland RTE Authority Broadcasting Complaints Commission The new Broadcasting Authority of Ireland Commission for Communications Regulation Competition Authority Commission for Energy Regulation Regulatory Law in Ireland contains everything you need to successfully negotiate both the latest regulations and the regulators.

Children and Family Relationships Law in Ireland

Practice and Procedure

Author: Geoffrey Shannon

Publisher: N.A

ISBN: 9781905536740


Page: 528

View: 8357

In Ireland, the Children and Family Relationships Act 2015 gives legal recognition to the diverse relationships that exist in the country. It is the most comprehensive amendment to Irish law on children and family relationships in many decades. This book examines, analyzes, and explains the new legal regime by addressing a wide range of new issues, including: parental rights in diverse family arrangements * parentage in cases of assisted reproduction * the establishment of a national donor-conceived person register * the "best interests" principle with regard to children * joint adoption for civil partners/cohabiting partners * access entitlements for a wider range of people * defined maintenance provisions for civil partners and cohabiting partners living with a child for a certain amount of time * provisions to help "make parenting work" * the formalization of the relationship between a child and their de facto parent. The book also examines the new yet different pathways to guardianship, expanding the duties, obligations, and rights of guardians and thereby further bolstering the rights of children. For the first time, non-marital fathers cohabiting for a specified period with the child's mother will be entitled to automatic guardianship. [Subject: Irish Law, Children's Law, Family Law]

Politics in the Republic of Ireland

Author: John Coakley,Michael Gallagher

Publisher: Routledge

ISBN: 1134737203

Category: History

Page: 528

View: 999

Politics in the Republic of Ireland is now available in a fully revised fourth edition. Building on the success of the previous three editions, this text continues to provide an authoritative introduction to all aspects of politics in the Republic of Ireland. Written by some of the foremost experts on Irish politics, it explains, analyzes and interprets the background to Irish government and contemporary political processes. Crucially, it brings the student up-to-date with the very latest developments. New patterns of government formation, challenges to the established political parties, ever-deepening, if sometimes ambivalent, involvement in the process of European integration, a growing role in the politics of Northern Ireland and sustained discussion of gender issues are among these developments – along with evidence, revealed by several tribunals of enquiry, that Irish politics is not as free of corruption as many had assumed.

The Supreme Court

Author: Ruadhán Mac Cormaic

Publisher: Penguin UK

ISBN: 1844883418

Category: Law

Page: 464

View: 4843

'A wonderful book ... a superb book and it's not just for people interested in law; it tells you a lot about Ireland' Vincent Browne, TV3 The judges, the decisions, the rifts and the rivalries - the gripping inside story of the institution that has shaped Ireland. 'Combines painstaking research with acute analysis and intelligence' Colm Tóibín, Irish Times' Books of the Year '[Mac Cormaic] has done something unprecedented and done it with a striking maturity, balance and adroitness. He creates the intimacy necessary but never loses sight of the wider contexts; this is not just a book about legal history; it is also about social, political and cultural history ... [the Supreme Court] has found a brilliant chronicler in Ruadhan Mac Cormaic' Diarmaid Ferriter, Professor of Modern Irish History, UCD 'Mac Cormaic quite brilliantly tells the story ... balanced, perceptive and fair ... a major contribution to public understanding' Donncha O'Connell, Professor of Law, NUIG, Dublin Review of Books 'Compelling ... a remarkable story, told with great style' Irish Times 'Authoritative, well-written and highly entertaining' Sunday Times The work of the Supreme Court is at the heart of the private and public life of the nation. Whether it's a father trying to overturn his child's adoption, a woman asserting her right to control her fertility, republicans fighting extradition, political activists demanding an equal hearing in the media, women looking to serve on juries, the state attempting to prevent a teenager ending her pregnancy, a couple challenging the tax laws, a gay man fighting his criminalization simply for being gay, a disabled young man and his mother seeking to vindicate his right to an education, the court's decisions can change lives. Now, having had unprecedented access to a vast number of sources, and conducted hundreds of interviews, including with key insiders, award-winning Irish Times journalist Ruadhan Mac Cormaic lifts the veil on the court's hidden world. The Supreme Court reveals new and surprising information about well-known cases. It exposes the sometimes fractious relationship between the court and the government. But above all it tells a story about people - those who brought the cases, those who argued in court, those who dealt with the fallout and, above all, those who took the decisions. Judges' backgrounds and relationships, their politics and temperaments, as well as the internal tensions between them, are vital to understanding how the court works and are explored here in fascinating detail. The Supreme Court is both a riveting read and an important and revealing account of one of the most powerful institutions of our state. Ruadhan Mac Cormaic is the former Legal Affairs Correspondent and Paris Correspondent of the Irish Times. He is now the paper's Foreign Affairs Correspondent.

EU Privacy and Data Protection Law

Author: Denis Kelleher,Karen Murray

Publisher: Bloomsbury Professional

ISBN: 9781784515539


Page: 400

View: 932

EU Data Protection Law contains extensive annotations and acts as a guide to the EU's proposed General Data Protection Regulation. It covers an analysis of privacy law, the GDPR, and a discussion of sectoral rules. It is divided into five parts: Part 1: Privacy; Part 2: The right to data protection; Part 3: The Processing of Personal Data; Part 4: Rights, Supervision and Enforcement; Part 5: Data Protection in Practice [Subject: EU?Law, Privacy Law, Information Technology Law, European Law]

Law of Torts

Author: Bryan M. E. McMahon,William Binchy

Publisher: Bloomsbury Professional

ISBN: 9781847669179

Category: Law

Page: 2034

View: 3714

This is the complete Irish tort law reference book. The text has been revised extensively since the previous edition was published in 2000. Key developments are detailed and relevant recent case law is examined. This book will be used extensively by both legal practitioners and people studying Irish law.

Blackstone's Statutes on Property Law

Author: Meryl Thomas

Publisher: Oxford University Press, USA

ISBN: 9780199288212

Category: Law

Page: 446

View: 2380

Fully revised and updated to provide comprehensive coverage of all the most important legislation on property law, including the Land Registration Act and the Gender Recognition Act 2004, this book has no further commentary and can therefore be used in examinations.

Prison Law

Author: Mary Olive Rogan

Publisher: Bloomsbury Professional

ISBN: 9781780434711

Category: Law

Page: 462

View: 4934

In Ireland, prison litigation is becoming increasingly common. Prison numbers are at an all-time high and conditions in many Irish prisons have been criticized by international and domestic human rights bodies, such as the Irish Penal Reform Trust and the Inspector of Prisons, who have voiced concern about the lack of accountability for decisions taken by prison administrators on issues such as discipline, transfers, and release. The rights of prisoners are a key focus of the book. These rights are examined in relation to prison conditions, contact with the outside world, discipline, remission, transfer, and release. The book analyzes practical issues that Ireland's prison law practitioners are likely to come up against, such as causes of action, evidential difficulties, and time limits. It sets out the position of particular groups, including women, children, foreign prisoners, and those from an ethnic minority background. It identifies areas in which the treatment of prisoners gives rise to concerns under the country's Constitution or the European Convention on Human Rights. Contents include: the legal framework governing Irish prisons * prison conditions and the law * contact with the outside world * remission, transfer, and release * discipline * accountability for deaths * incidents giving rise to serious harm * particular groups in the prison population * practical issues for prison law practitioners.

Irish Family Law Handbook

Author: Deirdre Kennedy

Publisher: Bloomsbury Publishing

ISBN: 1784515876

Category: Domestic relations

Page: 722

View: 4631

Irish Family Law Handbook, Fifth Edition comprises consolidated and annotated legislation including coverage of the Children and Family Law Relationships Act 2015.Each section is annotated to indicate amendments or repeals - key legal information which is quickly accessible and clearly outlined. Whatever aspect of family law you practice, this essential guide will ensure you've the latest legal guidance and reference information to hand at all times. The authors have expertly selected the family law statutes that busy practitioners need to refer to on a regular basis, as well as EU regulations and the Rules of Court.The Children and Family Law Relationships Act 2015 passed on the 6th April 2015 and fundamentally amends the following statutes:The Guardianship of Infants Act 1964,The Succession Act 1965,The Family Law (Maintenance of Spouses and Children) Act 1976,The Status of Children Act 1987,The Family Law Act 1995,The Civil Registration Act 2004,The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010,The Adoption Act 2010,The Child Care Acts 1991 to 2013.The new Act has implications for many other statutes, including the Protection of Children (Hague Convention) Act 2000, the Student Support Act 2011, the Parental Leave Act 1998 and the Parental Leave (Amendment) Act 2006, the Adoptive Leave Act 1995, the Maternity Protection Act 1994, the Unfair Dismissals Act 1977, and the Redundancy Payments Act 1967.Accessible and detailed, Irish Family Law Handbook is a truly essential book for all solicitors and barristers practising any aspect of family law.

Journey in Ireland, July-August, 1835

Author: Alexis de Tocqueville,Emmet J Larkin

Publisher: CUA Press

ISBN: 0813207193

Category: History

Page: 157

View: 8056

This edition of his journal is perhaps the first serious scholarly effort to place Tocqueville's journey to Ireland in its proper intellectual, geographical, and historical context.