QQI Level 5 Legal Practice & Procedures Assignment Sample, Ireland

This sample assignment is about “FETAC level 5 Legal Practice & Procedures”, a distance learning course with a duration of 8 weeks that is awarded by “QQI”. On successful completion of this course, students receive Level 5 certification offered by QQI.

Students who participate in the distance learning program can learn about many aspects of the Irish legal system. Students after completing this course can know about the sources of Irish law, they can evaluate the functioning of the constitution in the Irish legal system.

The students can also know about the general legal terms that are used in the Irish legal system, outline the structure of the Irish judiciary, explore how European law has affected the Irish judiciary, differentiate between civil and criminal law, private and public law, procedural and substantive law.  

Assessment Questions Asked From Legal Practice & Procedures (QQI Level 5) 

The topic covered in this essay is questions that are asked from Legal Practice & Procedures (QQI Level 5) and their answers and are listed as follows:-

Introduction to the Irish Legal System

The Republic of Ireland has a common law and a constitution. The law has a parliamentary democracy. The legal system in Ireland is very much influenced by the British parliamentary system. An elected president in Irish acts as the head of the state.

There is power separation between the executive, legislature, and the judiciary. Ireland has a developed judicial system where constitutional rights are guaranteed to the citizens of the country. The country’s judiciary often reviews the primary legislation of the parliament.

There is the Irish court system that assists in justice delivery. The different Irish courts are very much bound by the previous decisions that they have made. The legal system in the country is broadly classified under two categories and they are civil and criminal. 

Sources of Irish Law

In Ireland, there are at least 4 primary sources of law and they are as follows:-

• The constitution of Ireland:-This is the most important domestic source of law in Ireland. 
• Legislation:-It is also the second most important source of domestic law in Ireland, the first important source being the Irish constitution. 
• Case-law:-Common law also referred to as case law is another source of law.
• EU law:-It is the 4th source of law in the Irish legal system.

Remedies in the Irish Legal System

Before discussing the different types of judicial remedies that are available in the Irish legal system it is important to understand the meaning of judicial remedy. The judicial remedy is the enforcement of a right whenever there arise harm or injury (recognized as a wrong act by the society) is caused to a person. The legal remedies can be categorized as damages, coercive remedies, restitution, and declaratory remedies. The objective of the remedies of damages is to pay back to the entity for the harm the person has suffered. 

Law of Torts

In this context, it is important to understand the meaning of Tort in the Irish legal system. Torts are civil wrongdoings that are committed by one party and adversely affect the other party. A tort results in harm or loss. A person who claims as a consequence of tort can sue for damages to the appropriate authority. Torts are mostly a result of common law. There can be wrongdoings that can also create torts. Therefore the objective of the law of tort in Ireland is to compensate for the damages caused to a person as well as to vindicate the rights of that person. If the defendant has caused any harm to the plaintiff then the defendant is required to compensate financially to the plaintiff and this is as per the tort law. Under the law of torts there are 4 types of torts and they are 1) personal (assault, causing emotional distress intentionally, battery, and false imprisonment) 2) trespassing to property 3) trespassing to chattels 4) conversation.

European Union Law

The European Union Law sets the rules and regulations that member states are required to follow. Since Ireland is a member of the European Union and that is why the country has to adhere to the rules and regulations of the EU. The legal foundations of the European Union are very much agreed upon by the governments of the member states of the EU. According to the European Union law, if there is a conflict between the European law and the national law of any member state then the national laws of the member state get overruled. 

Constitution of Ireland

The constitution of Ireland is the first source of law in Ireland. It asserts sovereignty to the people of Ireland. It was ratified on 1st July 1937 and came into effect on 29th December 1937. The important points of the Irish constitution are as follows:-

• Limited government
• Checks and balances
• Republicanism
• Federalism
• Popular sovereignty
• Separation of powers

Specific Legal Documents and Legislation

The most important legal document is the Irish constitution and it acknowledges that the Irish citizens have fundamental rights which are safeguarded by the constitution of Ireland. The Irish constitution also describes the ways and means by which laws are made by the Irish parliament. There are other legal documents concerning the Irish legal system and to know about them visit relevant resources available online. 

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