Precedents?

MiissTL

Hi,

Does anybody know where I can find the cases that led to precedents in the Irish Courts System?

Preferably online.

Thank you

Milk & Honey

The Irish Reports.
Irish law Reports Monthly.

www.bailii.org
Www.courts.ie
WWW.justis.ie
www.westlaw.ie
www.firstlaw.ie

Cases are precedents

chops018

I agree with Kayroo, cases are precedent. So if a judge made a decision in a case then a judge in a new case with similar facts can use this previous judgement to help him come to his decision. This is known as precedent, so there would be no one big first case that said "right we'll use precedent from now on!!". It is simply an element of a common law system.

MiissTL

Thanks everybody..
I know that cases are precedents... Bad wording on my part!

Thank you for the links...

jblack

stare decisis

MiissTL

OK so it is virtually impossible for me to search through all the cases.

Is there anywhere on the net that can give me a list of or direct me to the precedent cases???

Please please help!

Hippo

Precedents for what precisely?

chops018

Exactly as Hippo says, we would have to know what area you are looking into. Example: there would be earlier cases for the Tort of Negligence that developed this area.

MiissTL

Anything at all will do.

I am just doing a small law essay for college.
I need examples of precedents for anything, doesn't matter one bit!

Thanks for replying so quickly!

jblack

MiissTL wrote: »

Anything at all will do.

I am just doing a small law essay for college.
I need examples of precedents for anything, doesn't matter one bit!

Thanks for replying so quickly!

Perhaps use Ward v McMaster as an example of recovery for economic loss and how we do not follow the English position in Murphy v Brentwood and D&F Estates v Church Commissioners.

Refer to the stare decisis, and include persuasive obiter remarks from previous cases.

MiissTL

Thank you.
It's definitely a precedent?

Ashashi

You should really be doing this yourself, but read any case on tort. Tort always has precedent. The Farichild series of cases regarding asbestos is quite good.

MiissTL

I know I should be, but I tried and failed to find anything that I knew for certain was a precedent.

It's hard to understand the law jargon when you've never had to look at it before, you know.

Thanks again.

chops018

MiissTL wrote: »

I know I should be, but I tried and failed to find anything that I knew for certain was a precedent.

It's hard to understand the law jargon when you've never had to look at it before, you know.

Thanks again.

As the poster above said, go into any tort case and you will see the judges using precedent, as in they will constantly refer to previous decisions and in turn they will try apply them to the current facts and their own judgement.

jblack

MiissTL wrote: »

I know I should be, but I tried and failed to find anything that I knew for certain was a precedent.

It's hard to understand the law jargon when you've never had to look at it before, you know.

Thanks again.

Look at cases that "following the decision in" as a elementary guide for what judicial precedent is and how it has affected the law.

Even google (I know I know) stuff like this.
http://www.claruspress.ie/tort%20journal%20issue%201/art3_beatty_vol1_iss1.pdf

MiissTL

MiissTL wrote: »

I know I should be, but I tried and failed to find anything that I knew for certain was a precedent.

It's hard to understand the law jargon when you've never had to look at it before, you know.

Thanks again.

Before you do this essay I think you need to take a step back for a second and try and figure out what it is you are being asked to do. If you don't understand what a precedent is then you're going to have a massive problem further down the line.

I'd start by reading up on the principle of stare decisis and go from there. I cannot stress this enough: there is no point in answering a question that you do not understand. You'll gain nothing from that.

MiissTL

Deleted User wrote: »

Before you do this essay I think you need to take a step back for a second and try and figure out what it is you are being asked to do. If you don't understand what a precedent is then you're going to have a massive problem further down the line.

I'd start by reading up on the principle of stare decisis and go from there. I cannot stress this enough: there is no point in answering a question that you do not understand. You'll gain nothing from that.

Relax it was the last part of an essay all I needed was an example of a case...

But thanks

nuac

MiisTL I assume you have already started law lectures and you should have obtained some guidance from your lecturers on these matters..

If not I suggest a you look for a book Glanville Williams learning the Law.

Also read part of one of the leading textbooks on e.g. contract or tort, and then read some of the leading cases mentioned therein.

Don't be looking for quick fixes on the internet. You have to put in the hours.

Good luck

MiissTL

MiissTL wrote: »

Relax it was the last part of an essay all I needed was an example of a case...

But thanks

I'm quite relaxed, however if I were you I'd read the post a little more carefully. Every written judgment is a precedent. Therefore any case is a precedent. You said earlier "can anyone point me towards the cases that are precedents?". That shows a real lack of understanding of how the common law works and I was just trying to suggest that, before finishing your essay, you take some time to research that area and really grasp the concept at this stage. I promise you it will stand to you in the long term.