Irish Law
1. Outline the sources of Irish Law * History sources of law * Common Law * Equity
Example of the many maxims: i. Those who seek equity must do equity. ii. Equity looks the intent rather than the form. iii. Those who come to equity must come with clean hands. iv. Equality is equity. * Legal sources of Law:
There are five legal sources: a. Legislation (Statute Law) b. Subordinate Legislation c. The Irish Constitution 1937 (Bunreacht na hÉireann) d. European Union Law e. Judicial Precedent (Interpretation of Statutes)
2. Give a brief explanation on each source. * History sources of Law
It is a generally regarded as common law and equity.
* Common Law
Common law (also known as case law or precedent) is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action.
* Equity
Generally, the court began to be guided by its previous decisions and formulated a number of general principles, known as the 'Maxims of Equity', upon which it would proceed. These are still applied today when equitable relief is claimed. * Example of the many maxims: a. Those who seek equity must do equity.
Persons who seek equitable relief must be prepare to act fairly towards their opponents as a condition of obtaining relief. b. Equity looks the intent rather than the form.
Although a person may pretend that they are doing something in the correct form, equity will look to see what they really trying to achieve. c. Those who come to equity must come with clean hands.
To be fairly treated, the plaintiff must have acted properly in past dealings with the defendant. d. Equality is equity.
What is available to one person must be available to another. This reflects the effort made by the law to play fair and redress the balance.
* Legal sources of Law
It is the means by which the law is currently brought
Example of the many maxims: i. Those who seek equity must do equity. ii. Equity looks the intent rather than the form. iii. Those who come to equity must come with clean hands. iv. Equality is equity. * Legal sources of Law:
There are five legal sources: a. Legislation (Statute Law) b. Subordinate Legislation c. The Irish Constitution 1937 (Bunreacht na hÉireann) d. European Union Law e. Judicial Precedent (Interpretation of Statutes)
2. Give a brief explanation on each source. * History sources of Law
It is a generally regarded as common law and equity.
* Common Law
Common law (also known as case law or precedent) is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action.
* Equity
Generally, the court began to be guided by its previous decisions and formulated a number of general principles, known as the 'Maxims of Equity', upon which it would proceed. These are still applied today when equitable relief is claimed. * Example of the many maxims: a. Those who seek equity must do equity.
Persons who seek equitable relief must be prepare to act fairly towards their opponents as a condition of obtaining relief. b. Equity looks the intent rather than the form.
Although a person may pretend that they are doing something in the correct form, equity will look to see what they really trying to achieve. c. Those who come to equity must come with clean hands.
To be fairly treated, the plaintiff must have acted properly in past dealings with the defendant. d. Equality is equity.
What is available to one person must be available to another. This reflects the effort made by the law to play fair and redress the balance.
* Legal sources of Law
It is the means by which the law is currently brought