Module Details
Module Code: |
LAWS C1R13 |
Module Title:
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Legal Practice and Procedure
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Title:
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Legal Practice and Procedure
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Module Level:: |
6 |
Module Coordinator: |
Eileen Doyle
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Module Author:: |
Margaret Crowley
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Module Description: |
The aim of this module is to guide the learner through a course of study, which should enable her/him gain knowledge of the principal methods and forums of litigation practice and to assist the learner to develop the analytical skills required to apply their legal knowledge to various scenarios.
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Learning Outcomes |
On successful completion of this module the learner will be able to: |
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Learning Outcome Description |
LO1 |
Comprehend and explain how the courts work. |
LO2 |
Demonstrate an understanding of the basics of civil practice and procedure in
the Irish Court system from the perspective of both plaintiff and defendant in civil
matters. |
LO3 |
Demonstrate an ability to act autonomously in relation to processing a litigation file
and respond appropriately as a member of a litigation team. |
LO4 |
Demonstrate an understanding of the basics of criminal practice and procedure in
the Irish Court system from the perspective of both prosecutor and accused in
criminal matters. |
Dependencies |
Module Recommendations
This is prior learning (or a practical skill) that is recommended before enrolment in this module.
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No recommendations listed |
Co-requisite Modules
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No Co-requisite modules listed |
Additional Requisite Information
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No Co Requisites listed
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Indicative Content |
Introduction
Civil and Criminal Procedure Compared and Contrasted; burden of proof
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Criminal Procedure
• Offences & Jurisdiction
Summary Offences (with particular emphasis on the Road Traffic Act, 1961 (as amended))
Indictable Offences
Offences dealt with in the Special Criminal Court
Criminal Appeals Procedure
Case-Stated Procedure
• Summons, Arrest & Detention
Summons
Arrest
a) With warrant
b) Without warrant
Record of Arrest Right to Consult a Solicitor
Questioning
Role of Solicitor in Garda Station
Searches
Fingerprinting and DNA
Identity - ID parades
Charge sheets and the Right to Silence.- Criminal Justice Act 2007 as amended
• Remand & Bail
Remand
a) In custody
b) On bail
Procedure for Application of Bail
Criminal Justice Act 2017
a) Grounds upon which bail may be granted or refused
b) Independent sureties
• Preparing the Book of Evidence
Contents of the Book of Evidence
Serving the Book of Evidence
S.9A of the Criminal Justice Act (1999)
The Taking of Depositions
Legal Aid
Witness Orders & Summons
• Trial on Indictment
Drafting the Indictment
The Arraignment
a) Pleas in Bar
b) Nolle Prosequi
c) Applications for Separate Trials
Jury selection
The role and function of Counsel
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Civil Procedure
• Jurisdiction-where to issue proceedings
• Statute of Limitations
-When to issue proceedings and consequences of being ’out
of time’,
• Initiating a Civil Action
How to Stamp Issue File and Serve Proceedings in each Court
MIBI
High Court Pleadings
The Plenary Summons( damages other than PI) /PI Summons/Special Summons(eg s.117)/Summary Summons(Liquidated amounts)
The Affidavit of Verification-perjury
Indorsement of Claim
Appearance
Statement of Claim
,Defence
Counterclaim
Pleadings Closed
Reply and Further pleadings
Pre-Trial Remedies
Setting down for trial
Circuit Court – Civil Bill, Notice for Particulars, Replies, Defence.
District Court – Civil Summons
Compromise or Settlement-the concept of -‘without prejudice’
Warnings around Solicitor Undertakings in Civil Litigation -
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Procedural Matters
The Distinction between a District, Circuit etc
The Master’s Court, the High Court Central
Office & the County Registrar
Preparing a case for trial.
Preparing booklets for trial.
Subpoenas and witness summons.
• Interlocutory Applications
Notice of Motion
Discovery-new e-discovery rules
Preparing an Affidavit and a booklet of Discovery.
Interrogatories
Lodgements/tenders
Joining a Co-Defendant Joining a Third Party
• Licensing applications
Annual Licensing
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Enforcement of Court Orders(non debt collection)
Contempt of Court
•Debt Collection Practice and Procedure
Judgment through the office
Motions for judgment
Attachment
Committal
Garnishee
Instalment order
Sheriff
Liquidation
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Personal Injuries Assessment Board
Classes of claims considered
Form A
Medical Report
Personal Injury Guidelines replacing the Book of Quantum
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Module Content & Assessment
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Assessment Breakdown | % |
Continuous Assessment | 100.00% |
AssessmentsFull Time
No End of Module Formal Examination |
Reassessment Requirement |
Coursework Only
This module is reassessed solely on the basis of re-submitted coursework. There is no repeat written examination.
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SETU Carlow Campus reserves the right to alter the nature and timings of assessment
Module Workload
Workload: Full Time |
Workload Type |
Workload Category |
Contact Type |
Workload Description |
Frequency |
Average Weekly Learner Workload |
Hours |
Lecture |
|
Contact |
No Description |
12 Weeks per Stage |
3.00 |
36 |
Estimated Learner Hours |
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Non Contact |
No Description |
15 Weeks per Stage |
5.93 |
89 |
Total Weekly Contact Hours |
3.00 |
Workload: Part Time |
Workload Type |
Workload Category |
Contact Type |
Workload Description |
Frequency |
Average Weekly Learner Workload |
Hours |
Lecture |
|
Contact |
No Description |
Every Week |
1.50 |
1.5 |
Total Weekly Contact Hours |
1.50 |
Module Resources
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Recommended Book Resources |
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Maura Butler. (2016), Criminal Litigation Law Society of Ireland Manual (4th Edition), Oxford University Press.
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Colette Reid. (2012), Civil Litigation Law Society of Ireland Manuals(3rd Ed), Oxford University Press.
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Rowan and Good. (2021), Irish Civil Litigation update ebook, Bloomsbury Professional.
| Supplementary Book Resources |
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Byrne & Mc Cutcheon. (2021), Irish Legal System (7th Edition), Bloomsbury.
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Henry Murdoch & Others. (2009), Murdochs Dictionary of Irish law (5th Edition), Bloomsbury.
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Genevieve Coonan & Kate O’Toole. (2011), Criminal Procedure in the District Court, Round Hall.
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Brendan Savage. (2009), Civil Procedure in the District Court, Round Hall.
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Karl Dowling. (2008), Civil Procedure in the Circuit Court, Round Hall.
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Hilary Delaney& Declan Mc Grath. (2005), Civil Procedure in the Superior Courts, Round Hall.
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Prof. Dermot Walsh. (2002), Prof. Dermot Walsh, Round Hall.
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Melody Buckley. (2004), Civil Procedure & Practice, Round Hall.
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Constance Cassidy. (2010), Cassidy on the Licensing Acts(3rd Edition), Clarus.
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Rules of the Superior Courts.
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District Court Rules.
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Circuit Court Rules.
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Kenneally & Tully. (2013), The Irish Legal System, Clarus Press.
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Mark Tottenham,Emma Jane Prendergast,Ciaran Joyce,Hugh Madden. (2019), A Guide to Expert Witness Evidence, Bloomsbury Professional, p.440, [ISBN: 9781847667175].
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Paul A McDermott. (1999), The Law on Res Judicata and Double Jeopardy ebook, Bloomsbury Professional.
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Benedict Ó Floinn. (2008), Practice and Procedure in the Superior Courts, Bloomsbury Professional, p.1801, [ISBN: 9781847660589].
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Alice Harrison. (2019), The Special Criminal Court Practice and Procedure, Bloomsbury Professional, [ISBN: 9781526506962].
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Cathleen Noctor,Richard Lyons. (2012), The MIBI Agreements and the Law, Bloomsbury Professional, p.388, [ISBN: 9781847669926].
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Oisín Clarke,Matthew Kenny,Mark O’Sullivan. (2018), Woods on Road Traffic Offences, Bloomsbury Professional, p.1104, [ISBN: 9781784512057].
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Liz Heffernan. (2006), Scientific Evidence, Bloomsbury Professional, p.279, [ISBN: 9781904480549].
| Supplementary Article/Paper Resources |
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McKenzie Agnes. Practitioners Court Guide, Practitioners Court Guide 2011 Agnes Mc
Kenzie BL www.courtguide.ie.
| Other Resources |
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www.irishstatutebook.ie/.
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www.oireachtas.ie/.
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www.courts.ie/.
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www.piab.ie.
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www.rtb.ie/.
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Workplace Relations,
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IHREC. www.irhec.ie.
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