We start off by gaining a clear understanding of Irish law, accessing legal contracts. We learn how relevant Contract and Intellectual Property Law is to digital content.
The Irish Legal System
Main Sources of Irish Law -
- Irish constitution
- Legislation
- Common Law
- European Law
- Other International Treaties
Irish Constitution
This has been in place since 1937, replaced by the earlier 1922 constitution. It sets out the principles that informs all law making in Ireland.
- how officers of state are appointed.
- how the parliamentary system is to function
- how legislation is passed
- how the courts are established.
- sets out some personal rights of our citizens.
- the right to freely express convictions and opinions
- the right to protection and vindication of one's good name.
This is also known as Statue Law or Primary Law.
This is Law that is made up by the Oireachtas in a manner described by the constitution.
The Oireachtas consists of the President and two houses:
1. Dail Eireann (House of Representatives)
2. Seanad Eireann (the Senate)
Bill
While legislation is proceeding through the Oireachtas, it is known as a 'Bill'.
Once it is signed by the president it becomes known as an Act of the Oireachtas.
e.g. The Customs and Excise bill 1987 became the Customs and Excise Act, 1988.
Common Law
This is a set of unwritten rules that has evolved over the centuries in the courts, created by the custom of the people and decisions of the judges. This law originated in Britain.
EU Law
Ireland ratified the Treaty of Rome in 1973 and became part of the European Union (known at the time as the EEC). There are 2 forms of EU law that have effect in Ireland.
EU Regulations
These have a specific objective and have a direct binding effect in EU member states without the need for implementation by home legislation.
EU Directives
These aim to harmonize certain areas of law across the EU by setting out legislative objectives to be achieved by each member state in that area of law within a certain amount of time.
E.g. Unfair contract terms Directive.
Other International Treaties
Ireland can sign and become a party to any number of international treaties and conventions dealing with a range of matters including:
copyright, extradiction, child abduction and the international enforcement of judges.
Civil Law
Civil Law adjudicates on private disputes between individuals or legal entities.
The plaintiff will see seek both:
A ruling by the judge that they have been wronged by the defendant.
A court order that the defendant pays a sum of money to compensate them for the harm or damage they have suffered as a result.
Criminal Law
Is concerned with the state maintaining social order by prosecuting wrong doers.
The judge can convict the wrong-doer found guilty in the criminal court.
The Irish Courts System
The courts established under the Constitution are:
1 - District Court (minor cases)
2 - Circuit Court (more jurisdiction in civil & criminal law)
3 - High Court (full jurisdiction in all matters)
4 - Central Criminal Court (High Court exercising criminal jurisdiction)
5 - The Special Criminal Court (The Offences against the State Act 1939)
6 - The Court of Criminal Appeal (appeals from Circuit, Central Criminal or the Special Criminal Courts)
7 - The Supreme Court (the highest appeal court)
Media and Everyday Life Exercise
This exercise requires us to keep a 2 day Diary of our media consumption over a 2 day period where we document as many situations as possible when exposed to different forms of media.
Day 1: Saturday 29th September 2012.
1pm - Television - Sky News - news - 25 minutes - alone
3pm - Online Game - Blizzard Entertainment - Warcraft - 4 hours - 3 friends - discussion
8pm - Looper Trailer - ownership - movie - 3 minute trailer - with friends - discussed movie
11pm - Online forum - boards.ie - news - 20 minutes - other users - feedback & discussion
12am - Online Game - Blizzard Entertainment - Warcraft - 2 hours - 2 friends - discussion and role play
Day 2: Sunday 30th September 2012.
12pm - blog - blogspot - blogging - 2 hours - alone - writing & reading
12pm - moodle - moodle - reading - 35 minutes - alone - reading
3pm - Television - RTE 2HD - GAA Sport - 3 hours - family - discussion
