The aim of this module is to guide the learner through a course of study, which should enable her/him gain knowledge of the principal methods and forums of litigation practice and to assist the learner 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 ability to act autonomously in relation to processing a litigation file
and respond appropriately as a member of a litigation team.
LO4
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.
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
Civil and Criminal Procedure Compared and Contrasted; burden of proof
Criminal Procedure
• 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
Case-Stated Procedure
• Summons, Arrest & Detention
Summons
Arrest
a) With warrant
b) Without warrant
Record of Arrest Right to Consult a Solicitor
Questioning
Role of Solicitor in Garda Station
Searches
Fingerprinting and DNA
Identity - ID parades
Charge sheets and the Right to Silence.- Criminal Justice Act 2007 as amended
• Remand & Bail
Remand
a) In custody
b) On bail
Procedure for Application of Bail
Criminal Justice Act 2017
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
• 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’
Warnings around Solicitor Undertakings in Civil Litigation -
Procedural Matters
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)
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
Classes of claims considered
Form A
Medical Report
Personal Injury Guidelines replacing the Book of Quantum
Assessment Breakdown
%
Continuous Assessment
100.00%
No Continuous Assessment
Project
Assessment Type
Assessment Description
Outcome addressed
% of total
Assessment Date
Project
A project consisting of a combination of written work and an oral presentation to address all learning outcomes
1,2,3,4
100.00
n/a
No Practical
No End of Module Formal Examination
SETU Carlow Campus reserves the right to alter the nature and timings of assessment