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OSCOLA Ireland is a comprehensive citation system for Irish lawyers and law students, based on the OSCOLA (Oxford Standard for the Citation of Legal Authorities) standard. OSCOLA has been adapted and amended in a manner which makes it relevant and useful in an Irish context, using, in the main, Irish examples.
There are two golden rules for the citation of legal authorities. One is consistency. The other is consideration for the reader. Legal writing is more persuasive when the author refers to legal materials in a clear, consistent and familiar way. The Oxford University Standard for Citation of Legal Authorities (OSCOLA) helps authors to achieve consistency in citing cases, legislation and secondary sources. And it helps authors to make life easier for their readers. OSCOLA is widely used by law schools and legal publishers both in the United Kingdom and abroad. This latest revision of OSCOLA (the fourth edition) is the first to be published in hard copy, and provides more detailed coverage of both primary and secondary legal sources. The editors are Donal Nolan and Sandra Meredith. Shortlisted for the Halsbury Legal Awards 2013 in the Award for Academic Contribution category.
The Law of Evidence in Ireland by Caroline Fennell Pdf
The Law of Evidence in Ireland explores the development of a particular Irish dimension to evidence scholarship, grounded in the constitutional concept of fairness and influenced by the case law of the ECHR. The phenomenon and impact of the non jury Special Criminal Court are considered, as are legislative changes targeting organised crime and sexual offences, as well as developments facilitating forensic testing as part of criminal investigation and evidence, under the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014. Now in its fourth edition, this text has been updated with new sections including: - A look at judicial consideration of fairness in the pre-trial process in light of a changing societal context and delivery on the accused's right to fair trial, as reflected in analysis of Supreme Court decisions such as JC and Dwyer - The developing concept of transnational fairness in facing the challenge of cooperation in combating crime and instruments such as the European Arrest Warrant reflected in cases such as Celmer - The changing approach of Irish courts to traditional rules including those relating to expert witness testimony, evidence of bad character and prior misconduct, as well as assertions of new headings of privilege The text is of interest to all those working in the Irish legal system, the criminal legal system in particular, as well as to policy makers and those studying more general issues related to matters of trial, adjudication and fact-finding in various contexts.
The Digital Learning Revolution in Ireland by Ann Marcus-Quinn Pdf
The aim of this publication is to present how Open Educational Resources (OERs) are being strongly promoted at all levels of education. This book presents a select number of case studies from contributors to the Irish National Digital Learning Resources (NDLR) service. The NDLR service was launched as a pilot project in 2005 and in the last 7 years has grown significantly. Its mission is to “promote and support Higher Education sector staff in the collaboration, development and sharing of learning resources and associated teaching practices for the advancement of academic scholarship in Ireland”. The NDLR is a unique inter-institutional community, fostering the sharing and exchange of teaching and learning experiences, practices and resources, and collaborative research and development initiatives across the Irish Higher Education sector. The service promotes and supports the sharing and creation of OERs amongst the academic community in Ireland. The NDLR, through the local Institutional representative, provides support and encourages the development and sharing of reusable teaching and learning resources to members of academia through the coordination of a number of local initiatives and local supports across 21 Irish Higher Education Institutes.
Written by leading authors with extensive experience in both teaching and practice, this established and trusted title equips the student with all the techniques of legal research, analysis, and argument they will need for their law course and beyond. Holland and Webb take an engaging andpractical approach with examples and exercises throughout which allow students to develop their knowledge and their reasoning skills making this an ideal text for first year students.Digital formats and resourcesThe eleventh edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.- The ebook offers a mobile experience and convenient access along with functionality tools, navigation features and links that extra learning support: www.oxfordtextbooks.co.uk/ebooks http://www.oxfordtextbooks.co.uk/ebooks- The accompanying online resources include multiple choice questions for each chapter, links to useful websites and a guide to using Halsbury's Laws.For futher insight into legal skills, visit legaleducation.wordpress.comlegaleducation.wordpress.com.
Kelly: The Irish Constitution by Gerard Hogan,Gerry Whyte,David Kenny,Rachael Walsh Pdf
This seminal work, recognised as the authoritative and definitive commentary on Ireland's fundamental law, provides a detailed guide to the structure of the Irish Constitution. Each Article is set out in full, in English and Irish, and examined in detail, with reference to all the leading Irish and international case law. It is essential reading for all who require knowledge of the Irish legal system and will prove a vital resource to legal professionals, students and scholars of constitutional and comparative law. This new edition is fully revised and reflects the substantive changes that have occurred in the 15 years since its last edition and includes expansion and major revision to cover the many constitutional amendments, significant constitutional cases, and developing trends in constitutional adjudication. The recent constitutional changes covered in this new edition include: * The 27th Amendment abolished the constitutional jus soli right to Irish Nationality. * The 28th Amendment allowed the State to ratify the Lisbon Treaty. * The 29th Amendment relaxed the prohibition on the reduction of the salaries of Irish judges. * The 30th Amendment allowed the State to ratify the European Fiscal Compact. * The 31st Amendment was a general statement of children's rights and a provision intended to secure the power of the State to take children into care. * The 33rd Amendment mandated a new Court of Appeal * The 34th Amendment prohibited restriction on civil marriage based on sex. * The 36th Amendment allowed the Oireachtas to legislate for abortion. New sections include a look at the impact of the Constitution on substantive criminal law, and a detailed treatment of the impact of Article 40.5, protecting the inviolability of the dwelling, on both criminal procedure and civil law. Other sections have been expanded with in-depth analysis of referendums, challenges to campaigns and results, coverage of Oireachtas privilege, changes in constitutional interpretation, private property rights, and judicial independence. In particular extensive rewriting has taken place on the section dealing with the provisions relating to the courts contained in Article 34 following the establishment of the Court of Appeal and the far-reaching changes to the appellate structure from the 33rd Amendment of the Constitution Act 2013.
How to Think, Write and Cite by Jennifer Schweppe,Rónán Kennedy,Larry Donnelly,Lawrence Donnelly Pdf
Legal research and legal writing: Essential skills for success in the world of law The new edition of How to think, write and cite provides students who are new to law with clear and practical guidance on mastering essential skills which will be key to success in their assignments and examinations, and which will also be invaluable in the workplace after graduating. Key features * Developed by experienced Irish academics and researchers specifically for Irish law students * Easy-to-follow, practical advice * Explanations of how to read legislation and court judgments * Step-by-step instructions for accessing online legal databases * Explains effective legal writing for exams and essays, including sample answers and essays * Explains when and how to cite in essays * Includes a detailed citation manual for Irish materials based on the internationally-accepted OSCOLA system New to the second edition * Up-to-date information on how to use online databases * Expanded section on use of software to automate and simplify referencing * New section on completing assignments * Discussion of expanding role of clinical legal education * Detailed discussion of different research methods, including doctrinal, historical and socio-legal research * Suggestions for further reading * Second edition of OSCOLA Ireland The book is accompanied by a companion website, which will provide supplementary exercises and interactive quizzes which students can use to self-test at their own pace, or module co-ordinators can use to assess the work of students over the course of the module. (Please note that this website, while complementary to the book, is an independent endeavour by the authors. The book is sold as a stand-alone text.) The authors Jennifer Schweppe, School of Law, University of Limerick; Dr Ronan Kennedy, School of Law, National University of Ireland, Galway; Lawrence Donnelly, School of Law, National University of Ireland, Galway
The fourth edition of the leading company law textbook, provides the most authoritative and comprehensive commentary on Irish company law following the commencement of the Companies Act 2014. The Companies Act 2014 makes the most far-reaching and fundamental changes to Irish company law in two generations, putting forward a radically different approach whereby the private company limited by shares will become the new model company. The structure of the fourth edition of this highly regarded title mirrors this new Act. The Act comprises over 1,448 Parts and represents the modern statement of the law applicable to the formation of companies, administration and management to their winding up and dissolution, incorporating the rights and duties of their officers, members and creditors. The Act commences on 1 June 2015 and introduces significant changes for companies operating in Ireland. This work has been expanded and revised to account for these legislative changes and important case law. As chairperson of the Company Law Review Group, whose recommendations greatly informed the new Act and as a leading practitioner of company law, Tom Courtney has a unique insight to the new legislation, its purpose and interpretation.The fourth edition is virtually a complete re-write and at approximately 2,900 pages it is some 400 pages longer than the last edition. Fully updated to take account of the dozens of judgments from the Irish and UK courts that have been delivered since the previous edition as well as the new statutory provisions, the fourth edition of The Law of Companies is a 'must have' for all practitioners, students and users of Irish company law.
Law of Torts by Bryan M E McMahon,William Binchy Pdf
This is the eagerly awaited new edition of Law of Torts, the complete Irish tort law reference book. For this, the contents have been extensively revised since the last edition was published in 2000. Key developments are detailed and relevant recent case law is examined. This book is essential for both legal practitioners and people studying Irish law. Recent important legislation examined in the book includes: Criminal Law (Defence and the Dwelling) Act 2011, Civil Law (Miscellaneous Provisions) Act 2011, Defamation Act 2009, Consumer Protection Act 2007, Civil Liability and Courts Act 2004 and Personal Injuries Assessment Board Act 2003. Key developments and case law are examined in areas such as pure economic loss, limitations and purchase of financial products, vicarious liability for sexual assaults, damages, privacy, defamation, psychiatric injury, liability of public authorities, employers' liability, professional negligence, defective buildings and products and occupiers' liability. First published in 1980, Law of Torts has long been a cornerstone work in Irish law, indeed in the foreword to the first edition Judge Brian Walshe noted that the book represented a challenge to the 'unquestioned assumption that English text-books would satisfy all needs.' This new addition will only add to the book's long-established merit and value.
Byrne and McCutcheon on the Irish Legal System by Raymond Byrne,Paul McCutcheon,Claire Bruton,Gerard Coffey Pdf
Byrne and McCutcheon on the Irish Legal System, 6th edition provides an excellent introduction to the legal system in Ireland and is essential for any student starting legal studies in Ireland. Beginning with an overview of the Irish Legal system and its history, it proceeds to discuss the profession and the law officers of the state including changes in the organisation of the profession in other common law states. It includes all the changes to the court systems and structure, Irish Constitution and EC Law since the last edition published in 2009. Byrne and McCutcheon on the Irish Legal System is an invaluable introduction to the law and provides an accessible and comprehensive point of reference for practitioners and students alike and is an essential text for students of Irish law. Key legislation and case law includes: Legal Services Regulation Bill 2011; The Thirty-Third Amendment of the Constitution (resulting in the creation of a new Court of Appeal); Arbitration Act 2010. Contents includes: 1. Introduction; 2. Development of the Legal System; 3. The Legal Profession; 4. The Court System; 5. First Instance Jurisdiction; 6. Civil and Criminal Procedure; 7. Appellate Jurisdiction; 8. Arbitration, Adjudicative Bodies and ADR; 9. Access to Law; 10. Remedies; 11. Law Reform; 12. Precedent; 13. Legislation; 14. Statutory Interpretation; 15. The Constitution; 16. EC Law; 17. International Law. Previous edition ISBN: 9781845922788
In September 2017 the Government passed the Mediation Act 2017. This Act sets out a statutory framework integrating mediation into the Irish civil justice system. The 2017 Act aims to promote mediation as a viable, effective and efficient alternative to court proceedings, thereby reducing legal costs, speeding up the resolution of disputes and reducing the stress and acrimony that often accompanies court proceedings. This new title focuses on the 2017 Act and takes the reader through it section by section, analysing the meaning and impact of each. In addition this is the first book in Ireland to draw together the law from many different disciplines and apply them to mediation. The relevance of the law of contract to mediation and the law relevant to family law mediations are particularly highlighted. The book also examines the law relevant to mediation in the context of the fundamental principles of mediation. The voluntary nature of mediation, the self determination of the parties, the neutrality and impartiality of the mediator and particularly the importance of confidentiality in the mediation process are therefore all explained in relation to the legal issues that arise as a consequence of their relevance to the mediation process. The book enables the reader to understand the relationship between the Mediation Act and the civil justice system with a detailed look at the relevant Rules of Court their interaction with the Act and application by the Courts. In European Union law the impact of the Directive on certain aspects of mediation in civil and commercial matters 2008 is referenced throughout the book. The book also examines a number of statutory procedures that fall outside the Mediation Act, giving a convenient, easily accessible description of the mediation processes under the following: · Workplace Relations Act 2015 · The Residential Tenancies Act 2004 · The Disability Act 2005 · The Multi-Unit Developments Act 2011 · The Civil Liability and Courts Act 2004 · The Financial and Pensions Ombudsman Act 2017 Penelope McRedmond is a UK and US Lawyer and certified mediator. She taught constitutional law for a number of years in the UK and has recently been working as an independent researcher and writer while also lecturing on mediation at the Irish School of Ecumenics at Trinity College Dublin.
Keane on Company Law, Fifth Edition (previously: Company Law by Justice Ronan Keane) covers the Companies Act 2014 and is essential reading for students, solicitors and barristers alike. This latest edition of Judge Keane's highly regarded text on Irish company law is substantially revised and updated to cover the Companies Act 2014, as amended up to October 2016, and also covers the many developments in the case-law since the fourth edition was published in 2006. Hardly any aspect of company law is left untouched in some way by the 2014 Act. The Act not only repeals the prior Companies Acts and replaces them with a consolidated code, but also introduces many innovations designed to make companies more accessible to those doing business, and to streamline corporate compliance and procedures. The Act creates two new forms of private company: the private company limited by shares (LTD), which enjoys concessions not previously available to private companies, and the designated activity company (DAC) which more closely resembles to private company known under the former legislation. It also overhauls the requirements relating to other forms of company, namely PLCs, guarantee companies (CLGs) and unlimited companies, while also clarifying and extending the obligations of external companies which operate in Ireland. Among the key changes are the effective abolition of the ultra vires rule, which has applied to all companies up to now, and changes in the requirements relating to the constitutions of companies. The Act also changes the rules regarding company capital, and makes significant changes to the law concerning: the registration of company charges; the conduct of windings up; the passing of written resolutions; and the approval of certain transactions which previously were either prohibited or required Court approval, by a new Summary Approval Procedure involving a special resolution combined with an appropriate declaration by the directors, subject to safeguards to prevent improper use. The Act also codifies the previously common-law fiduciary duties of directors, and substantially modifies the regime regarding disclosure and approval of transactions involving directors. The Act also introduces new procedures whereby Irish companies can be merged or divided. Recent amendments to the Act have added further requirements regarding statutory audit and auditors; and impending changes (addressed in this edition) will alter the regime governing annual financial statements and impose filing requirements on unlimited companies. Meanwhile the courts have been busy, particularly in the areas of restriction and disqualification of directors, and examinership, but also notably in the areas of company charges, reservation of title, financial assistance in the purchase of shares, to mention but a few. All these changes to Irish company legislation are covered in this new edition which continues in the accessible and user-friendly but authoritative style for which previous editions have made the work a renowned standard
Media Law in Ireland by Eoin Carolan,Ailbhe O'Neill Pdf
From fake news to foreign affairs, the media continues to be one of the dominating forces of modern life. Now in its second edition, Media Law in Ireland provides a comprehensive overview of one of the most dynamic and rapidly changing areas of the law. The way in which people consume media has changed and developed immensely in recent years. New platforms, and new ways of creating and consuming content are revolutionising the way information is spread around the world. With each new platform comes a new set of challenges and complexities, as they break away from the traditional media model. Many of the cases developing in these areas have been high-profile, divisive, and controversial, from issues surrounding freedom of expression to the challenges of privacy in a digital age. This book will throw light on the formidable legal complexities involved in the new media in a clear and accessible manner. This new edition covers many of the developments in the area in the eight years since it was originally published. Among the developments covered are: the Digital Switchover, the adoption of the EU electronic communications reform package, and the Consumer and Competition Protection Act 2014. This book will be ideal for solicitors and barristers who practice in the area of media law, as well as postgraduate students, and media professionals.
Every liberal democracy has laws or codes against hate speech—except the United States. For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities. Causing offense—by depicting a religious leader as a terrorist in a newspaper cartoon, for example—is not the same as launching a libelous attack on a group’s dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home. Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.