CW HRLLW B Y2 Legal Practice and Procedure Assignment – Civil Litigation & Court procedures

Aim of Assignment:

The aim of this assignment is to assess the knowledge of the student with regard to topics on civil procedures

Alignment with Module Learning Outcomes:

The assignment aligns (fully or partially) to the following module learning outcomes:

LO 1: Comprehend and explain how the courts work.

LO 2: 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

LO 3: Demonstrate an ability to act autonomously in relation to processing a litigation file and respond appropriately as a member of a litigation team.

Link to previous assignment(s) (if applicable):

As this is the first assignment, there is no link to the previous assignment.

Word count (if applicable):

Part A – 500 words (+/- 10%)

Part B – 2000 words (+/- 10%)

Note: the word count does not include the references, or any material included as appendices.

Submissions exceeding the word count may not be accepted.

Assignment Title:

Part A

Answer All Questions

1. What are the different types of damages used by the Courts in civil cases?

(5 marks)

2. What is contributory negligence, and what impact can it have on the award of damages – give an example in case law?

(10 marks)

3. What court is a Civil Summons issued in?

(5 marks)

4. What is meant by a case being statute barred?

(5 marks)

5. Why would you use a Plenary Summons in the High Court?

(5 marks)

6. What is an O’Byrne Letter

(5 marks)

7. Explain what pleadings are in a civil case.

(5 marks)

Part B

Mary Doyle was driving home from work on the 20^th December 2024 when she was hit by Peter Larch, who had veered across the road while texting his friend. Mary’s car was badly damaged, and she was brought to Wexford General Hospital with a broken leg and broken collar bone. She spent 2 weeks in hospital, her car was written off and had to be replaced. She is continuing to see a specialist for her collar bone that was proving difficult to heal and there is talk of further surgery. The cost of replacing her car was €12,000 and she was unable to return to work, where she earns €3,500 net per month, for six months. Mary comes to you for advice as she wishes to take an action against Peter for the accident. The Personal Injury Guidelines, the General Damages for the broken leg and collar bone would be between €75,000 and €100,000.

• Mary wants to go straight to court with the case and ignore the Injuries Board, advise her whether this is possible. (10 marks)
• When is the Statute of Limitations up for Mary? (5  marks)
• Which court jurisdiction will her case fall under? (5 marks)
• What are the next steps that will have to be taken with regard to the commencement of litigation? (40 marks)

Description

Please answer both parts of this question. Use academic sources and case law where applicable. Please do not use the lecture notes as references and use the OSCALA referencing outlined below

Referencing Style:

You should use OSCALA Referencing for your assignment. Should you need any support with this, please consult the resources at the following link:

http://citethemright.com

Recommended resources:

Books:

Maura Butler 2016, Criminal Litigation Law Society of Ireland Manual (4th Edition), Oxford University Press

Colette Reid 2012, Civil Litigation Law Society of Ireland Manuals(3rd Ed), Oxford University Press

Rowan and Good 2021, Irish Civil Litigation update eBook, Bloomsbury Professional

Online Resources:

JustisOne

LexisNexis LNB Legal

WestlawIE

Jstor

EBooks

Additional Supports (if required):

As this is a written assignment, you may wish to avail of the additional supports that are available to you on Blackboard (via TLC Student Hub), as follows:

1. Academic Writing Resources – [log-in required] links to a range of supports and materials that will help you with your writing.
2. PACE Modules from Library and Teaching and Learning Centre – a suite of online modules to help you Plan, Access, Critique, and Evaluate resources in the library that can assist you with your assignment.
3. Academic Writing Centre one-on-one session – if you need help with any aspect of your assignment writing (e.g. sentence structure, referencing, etc.) and would like a 15-minute session with an Academic Writing Tutor, then check out TLC Student Hub each week for the timetable of support sessions and book a slot by emailing tlc@itcarlow.ie
4. Online support resources:

• https://libguides.westminster.ac.uk/critical-thinking-and-writing/critical-writing [outlines the key features of critical writing and how to structure your writing in order to express criticality]
• https://library.dmu.ac.uk//ld.php?content_id=1879493 [includes a useful glossary and suggestions on how to develop your ideas]
• https://www.bangor.ac.uk/studyskills/study-guides/critical-writing.php.en [some very useful strategies on how to find your own academic voice]
• https://online.essex.ac.uk/blog/15-foolproof-tips-for-writing-a-great-assignment/[does exactly what it says!]
• https://www.openpolytechnic.ac.nz/current-students/study-tips-and-techniques/assignments/step-by-step-guide-to-assignment-writing/

https://www.yumpu.com/en/document/read/24258034/writing-guide-1-writing-an-assessed-essay-university-of-leicester

Submission Details

The assignment should be submitted via Turnitin by midnight on 10^th March 2025. For support on how to submit via Turnitin, check out the Turnitin Resources available on TLC Student Hub on Blackboard.

Artificial Intelligence

As part of the assessment strategy, students may be called upon, at random, to orally defend any piece of work submitted. This would be conducted, not as a punitive measure, but rather as a way of positively supporting the overall assessment process and ensure that it is robust. Work submitted through Turnitin will produce an AI report as well as a Similarity report. Assignments which have copied work from websites, from other authors, from other students or any other sources may receive a grade of 0.

Assignments must be submitted via Turnitin. If assignments are not submitted via Turnitin, this will be regarded as a non-submission. It is the student’s responsibility to upload assignments to the correct Turnitin link.

Please observe the suggested word count. Assignments that are too short or too long may be penalised.

Extension Policy

Only in exceptional circumstances will extensions be granted.

Undergraduate and postgraduate extensions cannot be granted by your lecturer. Such extensions can only be granted by the Faculty of Lifelong Learning once a completed extension form and supporting documentation is returned online.

Students can apply for extensions at the following link – LLL Extension Request Form

Extensions must be sought in advance of the submission date. Extensions will not be granted retrospectively.

The circumstances under which an extension request will be considered include, but are not limited to:

• Serious personal / family / business reasons
• Where a student is representing their country or university

An extension request is unlikely to be considered under the following circumstances:

• Minor illnesses such as a common cold
• Holidays during the academic year
• Multiple assignments due at the one time
• Failure to plan study schedule
• Debs / weddings / social events
• IT and /or computer failure

The Faculty of Lifelong Learning reserve the right to request supporting documentation. If you are applying for an extension that exceeds 5 days you must submit supporting documentation (e.g. letter from a doctor, employer, line manager etc.) so that any prolonged absence can be verified.

To avoid any unnecessary distress, please ensure that you back up your work regularly as you undertake your assignment.

Failure to submit a piece of assessment may result in a grade of 0.

Plagiarism Policy

Assignments which have copied work from websites, from other authors, from other students or any other sources will receive a grade of 0. All instances of plagiarism must be reported to the Head of Department who, in turn, is obliged to report them to the Registrar. Students who receive this grade may be asked to justify their actions to the University’s plagiarism panel. Students must apply to the examination board at the end of the academic year to re-submit their work in such instances. Please note that copying verbatim from original sources is unacceptable even if you provide references.

Academic Integrity

All work submitted should be correctly cited and referenced, respecting and acknowledging the work of others. It is each person’s own responsibility to ensure that academic integrity is maintained through awareness of appropriate referencing and paraphrasing practices.

Should you require any further support on this, please consult the resources available to you on TLC Student Hub and in particular Module 3 of the PACE Programme.

Referencing

Correct referencing and citation are very important in academic writing.

Please consult citethemright. Please ensure accuracy and consistency in your referencing.

To avoid common referencing mistakes, please note the following:

• In the reference list, place the title of the journal, notthe specific journal article, in italics.
• In the reference list, give a full reference for a webpagenot just the url.
• When referencing books in the reference list, the place of publication (e.g. Dublin) precedesthe name of the publisher (e.g. Gill and Macmillan).
• There is no need to bullet point or number your reference list.
• When citing websites withinthe main body of your assignment, use the (author, date) formulation rather than the url; i.e. write (Children’s Rights Alliance, no date available) rather than inserting the web address.

When quoting directly from an original source within the main body of your assignment, give the page number(s). Try to avoid excessive use of direct quotation.