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15 Cards in this Set
- Front
- Back
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Three steps in legal system? |
Decision, Remedy, Enforcement |
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Types of Remedy? |
Damages, Injuctions, Delcaration and Specific performance |
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Types of damages |
Monetary compensation - special damages (pecuniary), General damages (non pecuniary), punitive - punishment |
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Two types of injunction |
Interim (last 24-48 hours), perpetual |
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Three types of order (enforcement in civil cases) |
fi fa order, garnishee order, Attachment order (family law) |
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Contempt of court + two types |
May be prisoned until apologised to court and agreed to pay. Civil and criminal |
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The Rossport Case |
Shell E & P Ireland Ltd. v McGrath & Ors - Five men jailed - ignored injunction by shell to build pipeline at Rossport. Injunction later lifted. Finnegan J - just because order lifted did not automatically follow their release |
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Types of Remedy for Criminal Contempt |
Fines, Imprisonment, Probation, Absolute discharge, Community service, Compensation orders |
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Community Service Act |
Criminal Justice (Community Service) Act 1983 |
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What are regulatory offences? |
Enforcement orders e.g. health and safety |
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Compensation orders act |
Criminal Justice Act 1993 |
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Judicial Review |
Appeal deals, authority and manner in which lower courts made decision. Intra vires, Ultra Vires |
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Rules of fair procedures |
No bias, Opportunity to prepare case, be heard, here other side |
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e.g. of opportunity to prepare case and here evidence |
Flanagan v UCD |
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E.g. of Bias in court |
O'Reilly v Cassidy |
