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12 Cards in this Set
- Front
- Back
Considine v Shannon Regional Fisheries Board
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"The ratio of a case is discovered by determining what proposition of law justified the decision in light of the material facts which the court decided." Costello J.
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McDonnell v Byrne Engineering
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"This court will not permit this situation to continue and will insist that its directions be respected and obeyed." O'Higgins C.J.
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Kearns v Monersa Estates
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"Although I am not bound by decisions of other judges of the High Court, the usual practice is to follow them unless I am satisfied that they were wrongly decided." Kenny J.
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Mogul of Ireland v Tipperary (N.R.) Co. Co.
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Applicants failed to establish precedent was erroneously decided "...a balance must be struck... the later Court must... be clearly of the opinion that the earlier decision was erroneous." Henchy J.
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Irish Shell v Elm Motors
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"In no sense are our courts a continuation of, or successors to, the British courts." McCarthy J.
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State (Harkin) v O'Malley
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O'Higgins CJ observed that the High Court judge was bound to follow a Supreme Court decision which was the overrule
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DPP (Walsh) v Cash
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Charleton J bound to follow decision of DPP v Kenny despite entertaining reservations
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State (Quinn) v Ryan
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First time Supreme Court overruled previous decision
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McNamara v ESB
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"there are exceptional and compelling reasons" for not following Addie with regard obligations of occupiers re, trespassers
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Doyle v Hearne & Finucane v McMahon
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First time Supreme Court overruled previous decision without being unanimous
Dissenting judge chose to go along with decision to prevent questions of its legal validity |
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People (AG) v Moore (CCA)
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Davitt P rejected evidentiary precedent principle with regard to unsworn statements in the interests if justice
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DPP v Shaw & DPP v Kenny
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Griffin J relabelled ratio test on the admissibility of unconstitutionality obtained evidence as obiter
Supreme Court upholds Griffin J's test as ratio |