Practice & Procedure
I have in my hand a piece of paper
This section is, of course, of immense benefit to a prosecutor. It permits the proof of two matters in one fell swoop, each of which, if required to be proved in some other fashion would generate multiple occasions or opportunities for the prosecutor to slip on the proverbial banana skin.
Irish Judicial Review
Consequently, as subordinate legislation, and in the light of Article 15.2.1 of the Constitution of Ireland, Order 84 cannot be the source of a new exclusive procedure limiting the right to challenge administrative acts by plenary proceedings [such as under S. 155 of the Chancery (Ireland) Act 1867].
Is this a Teacake I see before me?
That Teacake is a dagger in the heart of Judicial Review.
Locus Standi (2)
Locus Standi (âstandingâ?) expresses the obligation on a litigant to show (s)he has an interest in the subject matter of the dispute in legal proceedings.
Peon service
Clearly the Law Society of Ireland should check out the virtues of peon service in its efforts to locate Michael Lynn.
A JUDGES’ REFEREE
The constitutionality of Order 84 has been questioned in academic writing for the reason, that is, that the civil, property and constitutional rights of citizens cannot be lawfully adjudicated on within the narrow parameters and inadequate legal basis of Order 84 and that, at the very least, primary legislation is required to underpin the legality of Irish Judicial Review.
Irish Class Actions?
Ireland is beginning to seriously deviate from the legal procedures available in Britain.
Relevant Evidence
In a court of law the only admissible evidence is relevant evidence. Relevant evidence is pertinent evidence. Whether something is pertinent or not depends on the matters required to be proved (defined by the issues).
Circumstantial Evidence
Many cases feature circumstantial evidence, particularly relating to efforts to prove the state of mind or mens rea of the accused.
Res Ipsa Loquitur
In an action for damage arising from negligence the burden of proving negligence on the part of the Defendant lies on the Plaintiff.