Business Law Assignment

Running Head: BUSINESS LAW 0
Assignment Number :One
Take Home Assignment
Student’s Name
10/17/2018

BUSINESS LAW ASSIGNMNET 1
Contents
Question 1 Four sources of Irish law...............................................................................................2
Question 2: Jurisdiction of the High Court of Ireland.....................................................................4
Question 3 Jurisdiction of the Circuit Court of Ireland...................................................................5
Question 4 Differences between civil law and criminal law on various basis................................6
References......................................................................................................................................10

BUSINESS LAW ASSIGNMNET 2
Question 1 Four sources of Irish law
Irish Law refers to the law of Ireland and the prison system and courts of the country support the
same. Similar to any other law, Irish law is also been developed with the help of one or more
sources. Some of the lead sources of Irish law are mentioned below.
1. Common Law: - Common law has been developed in England originally. It is based on
the practices and legal precedents. A legal precedent is a decision of a past case, which
works as a reference in present cases. The idea behind the common law is to ensure that
in similar kind of cases, the similar law must be applied. At present, the presence of
common law can be seen in Irish law. Judges are used to look after the decisions of
previous cases and make them reference too (Holland Condon, 2014). In addition to
precedent, the other factor of common law i.e. tradition and customs can also be seen in
Irish law as the rules have been developed according to the custom of the nation.
2. Equity: - Equity is a most common source of any law. The law of every nation provides
the principles of equity. Similarly, it becomes a most important source of Irish Law too.
The basis of equity has been developed when people started finding its unfair to provide
decisions based on legal precedents every time (scsi.ie, 2018). The basis of using equity
principle was to get justice in those cases where the application of legal precedent did not
seem to be justified. The circumstance of every case does not remain the same and hence
it was found unfair and unjustified to give a similar decision in similar kind of cases
regardless of the facts and circumstances of individual cases. People started being
disagreed with the decisions of common law judges and in this manner, the principle of

BUSINESS LAW ASSIGNMNET 3
equity has developed and introduced to Irish law. This is to understand that this source of
law acted as an addition to the existed source i.e. common law and did not replace the
same.
3. Constitution: - Constitution provides the basic rules of a nation. Ireland had 3
constitutions that have been enacted and developed at different times as follow:-
Title Year of Development Details
First
Constitution
Constitution of
Dail Eireann
21st January 1919 This constitution only had
historical importance and
not any legal significance.
Second
Constitution
Constitution of
the Irish Free
State Act 1922
25 October 1922 This constitution provided
some fundamental rights
such as freedom of
expression, inviolability and
religious freedom of a
person.
Third
Constitution
The
Constitution of
1937
The year 1937 This constitution was very
significant as it was a
successor of the first two
constitutions. This
introduced different terms
such as the sovereignty of
people, president,
government, the Oireachtas,