Evidence in Civil Law - Ireland (Record no. 55551)
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| 000 -LEADER | |
|---|---|
| fixed length control field | 03243naaaa2200433uu 4500 |
| 001 - CONTROL NUMBER | |
| control field | https://directory.doabooks.org/handle/20.500.12854/39334 |
| 020 ## - INTERNATIONAL STANDARD BOOK NUMBER | |
| International Standard Book Number | 978-961-6842-52-5 |
| 024 7# - OTHER STANDARD IDENTIFIER | |
| Standard number or code | 10.4335/978-961-6842-52-5 |
| Terms of availability | doi |
| 041 0# - LANGUAGE CODE | |
| Language code of text/sound track or separate title | English |
| 042 ## - AUTHENTICATION CODE | |
| Authentication code | dc |
| 072 #7 - SUBJECT CATEGORY CODE | |
| Subject category code | JPH |
| Source | bicssc |
| 100 1# - MAIN ENTRY--PERSONAL NAME | |
| Personal name | Moriarty, Brid |
| Relationship | auth |
| 245 10 - TITLE STATEMENT | |
| Title | Evidence in Civil Law - Ireland |
| 260 ## - PUBLICATION, DISTRIBUTION, ETC. | |
| Name of publisher, distributor, etc. | Institute for Local Self-Government and Public Procurement Maribor |
| Date of publication, distribution, etc. | 2015 |
| 300 ## - PHYSICAL DESCRIPTION | |
| Extent | 1 electronic resource (120 p.) |
| 506 0# - RESTRICTIONS ON ACCESS NOTE | |
| Terms governing access | Open Access |
| Source of term | star |
| Standardized terminology for access restriction | Unrestricted online access |
| 520 ## - SUMMARY, ETC. | |
| Summary, etc. | Ireland as a common law jurisdiction operates an adversarial system. Ireland has a written Constitution, Bunreacht na h-Éireann. Other sources of law include legislation and European Union Law and a doctrine of precedent operates. This paper comprises a discussion of the law of evidence in Irish Civil Procedure. It follows the structure of a questionnaire circulated for the purposes of a comparative study as part of an EU wide project and is repetitive in parts. It was completed between November 2013 and August 2014 and in the interim there have been significant developments in the Irish legal system, most notably the establishment of the Court of Appeal and the Supreme Court decision in D.P.P. v. J.C. [2015] IESC 31, which modified the exclusionary rule concerning unconstitutionally obtained evidence. The primary form of proof in Irish courts is oral evidence. Competent witnesses are generally compellable. Usually testimony, on oath or affirmation, is given viva voce in open court before the Judge and where necessary a jury, and in the presence of the parties. The right to cross-examine is constitutionally guaranteed. In civil cases, the standard of proof is the balance of probabilities. The burden of proof rests on the party which asserts. The principle of audi alteram partem applies. A distinction is drawn between unconstitutionally obtained evidence and illegally obtained evidence. There is pre-trial discovery. Evidence taking by and for foreign courts is discussed. |
| 540 ## - TERMS GOVERNING USE AND REPRODUCTION NOTE | |
| Terms governing use and reproduction | Creative Commons |
| Use and reproduction rights | https://creativecommons.org/licenses/by/2.0/ |
| Source of term | cc |
| -- | https://creativecommons.org/licenses/by/2.0/ |
| 546 ## - LANGUAGE NOTE | |
| Language note | English |
| 650 #7 - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name entry element | Political structure & processes |
| Source of heading or term | bicssc |
| 653 ## - INDEX TERM--UNCONTROLLED | |
| Uncontrolled term | civil procedure |
| 653 ## - INDEX TERM--UNCONTROLLED | |
| Uncontrolled term | foreign evidence |
| 653 ## - INDEX TERM--UNCONTROLLED | |
| Uncontrolled term | cross-examination |
| 653 ## - INDEX TERM--UNCONTROLLED | |
| Uncontrolled term | unconstitutionally obtainede evidence |
| 653 ## - INDEX TERM--UNCONTROLLED | |
| Uncontrolled term | discovery |
| 653 ## - INDEX TERM--UNCONTROLLED | |
| Uncontrolled term | witnessess |
| 653 ## - INDEX TERM--UNCONTROLLED | |
| Uncontrolled term | evidence |
| 653 ## - INDEX TERM--UNCONTROLLED | |
| Uncontrolled term | procedural law |
| 653 ## - INDEX TERM--UNCONTROLLED | |
| Uncontrolled term | Affidavit |
| 653 ## - INDEX TERM--UNCONTROLLED | |
| Uncontrolled term | Burden of proof (law) |
| 653 ## - INDEX TERM--UNCONTROLLED | |
| Uncontrolled term | Common law |
| 653 ## - INDEX TERM--UNCONTROLLED | |
| Uncontrolled term | Expert witness |
| 653 ## - INDEX TERM--UNCONTROLLED | |
| Uncontrolled term | Ireland |
| 653 ## - INDEX TERM--UNCONTROLLED | |
| Uncontrolled term | Lawsuit |
| 856 40 - ELECTRONIC LOCATION AND ACCESS | |
| Host name | www.oapen.org |
| Uniform Resource Identifier | <a href="https://library.oapen.org/bitstream/20.500.12657/31981/1/620455.pdf">https://library.oapen.org/bitstream/20.500.12657/31981/1/620455.pdf</a> |
| Access status | 0 |
| Public note | DOAB: download the publication |
| 856 40 - ELECTRONIC LOCATION AND ACCESS | |
| Host name | www.oapen.org |
| Uniform Resource Identifier | <a href="https://library.oapen.org/bitstream/20.500.12657/31981/1/620455.pdf">https://library.oapen.org/bitstream/20.500.12657/31981/1/620455.pdf</a> |
| Access status | 0 |
| Public note | DOAB: download the publication |
| 856 40 - ELECTRONIC LOCATION AND ACCESS | |
| Host name | www.oapen.org |
| Uniform Resource Identifier | <a href="https://library.oapen.org/bitstream/20.500.12657/31981/1/620455.pdf">https://library.oapen.org/bitstream/20.500.12657/31981/1/620455.pdf</a> |
| Access status | 0 |
| Public note | DOAB: download the publication |
| 856 40 - ELECTRONIC LOCATION AND ACCESS | |
| Host name | www.oapen.org |
| Uniform Resource Identifier | <a href="https://directory.doabooks.org/handle/20.500.12854/39334">https://directory.doabooks.org/handle/20.500.12854/39334</a> |
| Access status | 0 |
| Public note | DOAB: description of the publication |
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