LEADER 03566 am 22006613u 450 001 9910131518003321 005 20230621140731.0 010 $a9789616842525 (ebook) 035 $a(CKB)3710000000499605 035 $a(SSID)ssj0001680319 035 $a(PQKBManifestationID)16496240 035 $a(PQKBTitleCode)TC0001680319 035 $a(PQKBWorkID)15028516 035 $a(PQKB)10950075 035 $a(WaSeSS)IndRDA00057843 035 $a(oapen)https://directory.doabooks.org/handle/20.500.12854/39334 035 $a(EXLCZ)993710000000499605 100 $a20160829d2015 uy | 101 0 $aeng 135 $aurm|#|||||||| 181 $ctxt$2rdacontent 182 $cc$2rdamedia 183 $acr$2rdacarrier 200 10$aEvidence in civil law $eIreland /$fBríd Moriarty 210 $cInstitute for Local Self-Government and Public Procurement Maribor$d2015 210 31$aSlovenia :$cInstitute for Local Self Government and Public Procurement Maribor,$d2015 215 $a1 online resource (iii, 120 pages) 225 1 $aLaw & Society 300 $aBibliographic Level Mode of Issuance: Monograph 320 $aIncludes bibliographical references. 330 $aIreland as a common law jurisdiction operates an adversarial system. Ireland has a written Constitution, Bunreacht na h-Éireann. Other sources of law include legislation and European Union Law and a doctrine of precedent operates. This paper comprises a discussion of the law of evidence in Irish Civil Procedure. It follows the structure of a questionnaire circulated for the purposes of a comparative study as part of an EU wide project and is repetitive in parts. It was completed between November 2013 and August 2014 and in the interim there have been significant developments in the Irish legal system, most notably the establishment of the Court of Appeal and the Supreme Court decision in D.P.P. v. J.C. [2015] IESC 31, which modified the exclusionary rule concerning unconstitutionally obtained evidence. The primary form of proof in Irish courts is oral evidence. Competent witnesses are generally compellable. Usually testimony, on oath or affirmation, is given viva voce in open court before the Judge and where necessary a jury, and in the presence of the parties. The right to cross-examine is constitutionally guaranteed. In civil cases, the standard of proof is the balance of probabilities. The burden of proof rests on the party which asserts. The principle of audi alteram partem applies. A distinction is drawn between unconstitutionally obtained evidence and illegally obtained evidence. There is pre-trial discovery. Evidence taking by and for foreign courts is discussed. 410 0$aLaw & society. 606 $aLaw - Great Britain$2HILCC 606 $aLaw - Non-U.S$2HILCC 606 $aLaw, Politics & Government$2HILCC 610 $acivil procedure 610 $aforeign evidence 610 $across-examination 610 $aunconstitutionally obtainede evidence 610 $adiscovery 610 $awitnessess 610 $aevidence 610 $aprocedural law 610 $aAffidavit 610 $aBurden of proof (law) 610 $aCommon law 610 $aExpert witness 610 $aIreland 610 $aLawsuit 615 7$aLaw - Great Britain 615 7$aLaw - Non-U.S. 615 7$aLaw, Politics & Government 700 $aMoriarty$b Bríd$0952357 801 0$bPQKB 801 2$bUkMaJRU 912 $a9910131518003321 996 $aEvidence in civil law$92152906 997 $aUNINA