Module Title:Legal Practice & Procedure
Language of Instruction:English
Credits: 5
NFQ Level:6
Module Delivered In 2 programme(s)
Module Aim: The aim of this module is to guide the learner through a course of study, which should enable him/her gain knowledge of the principal methods and forums of litigation practice and to assist the student to develop the analytical skills required to apply their legal knowledge to various scenarios.
Learning Outcomes
On successful completion of this module the learner should be able to:
LO1 Comprehend and explain how the courts work.
LO2 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.
LO3 Demonstrate an understanding of the basics of criminal practice and procedure in the Irish Court system from the perspective of both prosecutor and accused in criminal matters.
LO4 Apply their knowledge to all steps taken from commencement of proceeding up to and including hearing/trial/settlement in all forums.
LO5 Demonstrate an ability to follow the procedures required to implement court orders and decisions of all forums for dealing with disputes.
LO6 Differentiate between forums and identify the relevant forum for different types of action
LO7 Demonstrate an ability to act autonomously in relation to processing a litigation file and respond appropriately as a member of a litigation team.
Pre-requisite learning
Module Recommendations

This is prior learning (or a practical skill) that is recommended before enrolment in this module.

No recommendations listed
Incompatible Modules
These are modules which have learning outcomes that are too similar to the learning outcomes of this module.
No incompatible modules listed
Co-requisite Modules
No Co-requisite modules listed
Requirements
This is prior learning (or a practical skill) that is mandatory before enrolment in this module is allowed.
No requirements listed
 

Module Content & Assessment

Indicative Content
Introduction (5%)
Civil and Criminal Procedure Compared and Contrasted; burden of proof
Criminal Procedure (25%)
• Offences & Jurisdiction Summary Offences (with particular emphasis on the Road Traffic Act, 1961 (as amended)) Indictable Offences Offences dealt with in the Special Criminal Court Criminal Appeals Procedure a) Appeals to the Court of Criminal Appeal, the Central Criminal Court & the Circuit Court b) Grounds of Appeal c) Time Limits Case-Stated Procedure • Summons, Arrest & Detention Summons Arrest a) With warrant b) Without warrant Record of Arrest Right to Consult a Solicitor Questioning Searches Fingerprinting and DNA Foreign Nationals Charge sheets and the Right to Silence.- Criminal Justice Act 2007 • Remand & Bail Remand a) In custody b) On bail Procedure for Application of Bail (As amended by 2006 Act) a) Grounds upon which bail may be granted or refused b) Independent sureties • Preparing the Book of Evidence Contents of the Book of Evidence Serving the Book of Evidence S.9A of the Criminal Justice Act (1999) The Taking of Depositions Legal Aid Witness Orders & Summons • Trial on Indictment Drafting the Indictment The Arraignment a) Pleas in Bar b) Nolle Prosequi c) Applications for Separate Trials Jury selection The role and function of Counsel
Civil Procedure (25%)
• Jurisdiction-where to issue proceedings • Statute of Limitations -When to issue proceedings and consequences of being ’out of time’, • Initiating a Civil Action How to Stamp Issue File and Serve Proceedings in each Court MIBI High Court Pleadings The Plenary Summons( damages other than PI) /PI Summons/Special Summons(eg s.117)/Summary Summons(Liquidated amounts) The Affidavit of Verification-perjury Indorsement of Claim Appearance Statement of Claim ,Defence Counterclaim Pleadings Closed Reply and Further pleadings Pre-Trial Remedies Setting down for trial Circuit Court – Civil Bill, Notice for Particulars, Replies, Defence. District Court – Civil Summons Compromise or Settlement-the concept of -‘without prejudice’
Procedural Matters (20%)
The Distinction between a District, Circuit etc The Master’s Court, the High Court Central Office & the County Registrar Preparing a case for trial. Preparing booklets for trial. Subpoenas and witness summons. • Interlocutory Applications Notice of Motion Discovery-new e-discovery rules Preparing an Affidavit and a booklet of Discovery. Interrogatories Lodgements/tenders Joining a Co-Defendant Joining a Third Party • Licensing applications Annual Licensing
Enforcement of Court Orders(non debt collection) (10%)
Contempt of Court •Debt Collection Practice and Procedure Judgment through the office Motions for judgment Attachment Committal Garnishee Instalment order Sheriff Liquidation
Personal Injuries Assessment Board (10%)
Classes of claims considered Form A Medical Report
Other Forums (5%)
EAT Equality Authority Mediation Arbitration Residential Tenancy Board
Assessment Breakdown%
Continuous Assessment100.00%
Continuous Assessment
Assessment Type Assessment Description Outcome addressed % of total Assessment Date
Other Exam This will require student to apply their knowledge to answer well defined and structured questions. 1,2,3,4,5,6 60.00 n/a
Other Problem Scenario or an in class examination or a Reflective piece of work or a Presentation 1,3,4,7 40.00 n/a
No Project
No Practical
No End of Module Formal Examination

ITCarlow reserves the right to alter the nature and timings of assessment

 

Module Workload

Workload: Full Time
Workload Type Frequency Average Weekly Learner Workload
Lecture 30 Weeks per Stage 1.50
Estimated Learner Hours 30 Weeks per Stage 1.83
Total Hours 100.00
Workload: Part Time
Workload Type Frequency Average Weekly Learner Workload
Lecture Every Week 0.75
Total Hours 0.75
 

Module Delivered In

Programme Code Programme Semester Delivery
CW_BBLEG_C Higher Certificate in Arts in Legal Studies 2 Mandatory
CW_HHLAW_B Honours Bachelor of Laws Degree - LLB 1 Mandatory