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Law & Legal

The Legal System

Law & Legal

The Legal System

The Irish legal system is divided into two branches, civil and criminal law, each with specialised courts. The role of the courts is to ensure that the outcome of the case is fair and reasonable. Whether you choose to practise in civil or criminal law, or any other legal profession, your work will be governed by the laws of our state. Find out more about where our laws come from here.

The Courts

There are five courts in Ireland. The District Court, the Circuit Court, the High Court, the Supreme Court and the Court of Appeal. The District Court deals with minor civil and criminal cases whereas the Circuit Court handles more serious matters. The High Court deals with the most serious offences, such as murder. The outcome of a case can be appealed to the next highest court. The Court of Appeal hears appeals from the High Court in civil cases and the Circuit Criminal Court, Central Criminal Court and the Special Criminal Court in criminal cases. The Supreme Court is the highest court in Ireland and is the court of final appeal in both civil and criminal matters. Other courts which have specific roles, and operate alongside the other courts, include The Special Criminal Court, the Children Court and the Drug Treatment Court.

As a member of the EU, any disputes in the Irish courts involving EU law may be referred to the General Court and, or, the highest court in the EU, the European Court of Justice.

Further information on the Irish Courts system is available below.

Legal System

Civil Law

Civil Law involves dealing with cases between individuals, organisations, or the state. A plaintiff, who is the person who brings the legal action, can sue a defendant, the person or entity being sued, for compensation for a wrong of loss suffered. This could include family disagreements, contract breaches or personal injury claims. Examples of civil law disputes include marriage breakdown, employment or property disputes and claims for damages because of a road traffic accident. The compensation is usually money and different courts hear cases for compensation depending on the amount involved.  A District Court deals with small claims from €2,000 up to €15,000, a Circuit Court between €15,000 and €75,000 (€60,000 in personal injury claims), and a High Court claim above €75,000 with no upper limit.

Family law cases depending on their nature, for example child custody and maintenance arrangements, will be held in the District or Circuit court. Civil matters can sometimes be resolved without going to court, through a third-party mediator. Read more about civil law here.

Criminal Law

The decision to prosecute people who have committed crimes in Ireland is made by the  Director of Public Prosecutions (DPP). The Garda Síochána investigate crime and can also prosecute in less serious cases in the name of the DPP. Criminal lawyers play a critical role in society in the administration of justice, whether defending someone accused of a crime or prosecuting someone for breaking the law.  ‘Summary offences’, such as minor traffic offences can be tried in the district court by a judge whereas ‘indictable offences’ which are more serious, such rape, murder, or fraud, are tried in the Circuit Court or Central Criminal Court by a judge and jury. Read more about the Criminal Justice system and how a Criminal Trial works. Criminal law aims to maintain a law-abiding society and act as a deterrent by punishing offenders with a prison sentence or fine. 

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