Teresa Clyne – Law & Mediation

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Monthly Archives: July 2017

An Introduction to Criminology

Criminology for Beginners has been written for aspiring criminologists or those wish to study criminology purely for personal interest. It has been written in easy to follow terms and will enable the student to understand the basics behind criminological theories, from the definition of crime to deviant and anti-social behaviour, from the Salem witch trials to medieval ordeals, the history of criminology, classical, neoclassical to modern day theories of crimes.
It goes on the discuss Crime and Punishment and the Legal Systems in Both the UK and Ireland, finally discussing the Police, Courts and Judicial systems who deal with the perpetrators of crime

Introduction
Criminological Theories
Criminology Defined
Crime
Criminology
Antisocial, deviant and immoral conduct
The History of Criminology
The Salem Witch Trials
Medieval Trials
The Enlightenment age
The Classical School
Jeremy Bentham
Neoclassical
The Positivist theory
Franz Joseph Gall (1758–1828)
Charles Darwin (1809–1882)
Modern Theories of Crime
Anomie or Strain Theory
Social Learning Theory
Social Control Theory
Labelling Theory
Radical Theory
Deterrence Theory
An Economic Model of Crime
Deterrence and Econometrics
Environmentalism
Rational Choice
Ethnicity and Crime
Feminist Theory
Age and Crime
Age/Crime Curve
Distribution of Crime.” American Journal of Sociology
Mental Disorder and Crime
The Original position
The veil of ignorance
The Veil of Ignorance.
Rawls Reasonable Citizens
Rawls principle of Justice
The Chicago School and the US theories
Robert Park and Ernest Burgess
Right Realism
Left idealists
White Collar Crime
Insider Dealing
Money laundering
Theories of Violent Crime
Murder
Gang Crime
Modern gangs
Theories of Criminal Behaviour.
Psychoanalytic theorists and the origins of crime
Psychoanalysis
Sexual Offenders
Rape
Biological Theories of crime
Genetic – Twin Studies
Genetic – Adoption Studies
Intelligence and Learning in Criminology
Goddard’s work was discredited
Crime addictions
Tolerance
Withdrawal
Craving
Salience
Euphoria / relief / mood regulation
Conflict
Relapse
Recognising criminal addictions
A Theoretical Model of Behaviour Addictions for Addictive Offenders 88
Media and Crime
The Media Representation of Crime
Labelling Theory:
Deviancy Theory
Strain Theory
The Irish Legal System
Brehon Law
Source one – The Irish Constitution
Source two – European Community Law
The European Community Treaties
Regulations
Directives.
Decisions.
Recommendations.
Opinions.
Source three – Common Law
Source four – Acts of the Oireachtas or Legislation
Delegated/secondary legislation
The English Legal System
The Rule of Law
The Different Departments in the Police Service
Criminal Investigations Department (CID)
Dog handlers
Mounted Police
River police
The Prison service HMS Prisons
History of the Prison Service
Probation
Role and Function of the Probation Service
Magistrates’ and County Courts
The Crown Court
High Court
Supreme Court.
Penology in the UK
Penology in Ireland
Location of Prisons and Places of Detention
The Garda Siochána
The Civic Guards
Criminal division of the Gardaí
Modern Gardaí
Criminal Assets Bureau (CAB)
Special Detective Unit
Civil Liability & Courts Act 2004Criminology July 2017

The Law of Tort in Ireland

The Law of Tort
Torts are concerned with civil wrongs, whereby one party causes damage to another party.
         • Tort is the French word for a “wrong” or Latin for “twisted”.
• Tort is a branch of Civil Law; therefore a tort in law is called a “Civil Wrong”
• Tort law protects a variety of injuries and provides remedies (ways to fix) them.
Torts can be distinguished from legal wrongs:
A Tort is not a breach of contract, where the obligation which is alleged to have been breached arose under an agreement between two parties.  A Tort is not a crime, where the object of proceedings is to punish the offender rather than compensate the victim.
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Using tort law, an injured party can bring a civil case to seek compensation for a wrong done to the party (plaintiff, or injured party) or the party’s property.
Tort damages or compensation are monetary damages that are sought from the offending party.
They are intended to compensate the injured party for the injury suffered.
The Law of Tort
Types of Tort
Intentional Torts
Trespass to the person
Threats
Silent phone calls
Trespass torts in medicine
Defences to the tort of trespass
Consent
Self-defence
Defence of Third Persons
Lawful Authority
Defence of Property
Duress (pressure or threat)
Trespass to Land
Trespass to Goods
Conversion
Sample conversion
Chose in Action (Intangible Property – Transferable by assignment)
Trespass to Goods – Detinue
Nuisance
Private Nuisance
Locus Standi
Omissions
Damage or Interference
Material Damage
Interference with enjoyment
Magnitude of harm
Nature of locality
Defendant’s motives
Social utility
Defences to Private Nuisance
Remedies
Injunctions
Public Nuisance:
Pure Economic Loss
Remedies
Damages
Injunctions
Private Rented Tenants:
Local Authority Tenants:
Private Homeowner:
Alarms
Passing Off
Elements of Passing off
Defamation
Defences to Defamation.
Defamation Cases in Ireland
Blasphemy
Defamation Act 2010
Defences
Damages
Unintentional Torts
Negligence
Duty of Care
Irish development in duty of care
Foreseeability and Policy Factors
Contributory Negligence
The Standard of Care
Breach (of the duty of care)
Causation
Causes-in-fact
The “but for” Test
Novus Actus Interveniens
Material Contribution test
Bolitho Test
Fairchild
Remoteness
“Cause in law”
The “thin skull” rule.
Professional Negligence
Defences in Negligence
Voluntary assumption of risk (defence of consent)
Illegality
Contributory Negligence
Damages
Strict Liability Torts
The Occupiers Liability Act 1995
Vicarious Liability
Employers Liability
Liability for Defective Products
Liability for Defective Products Act 1991 (No. 28 of 1991)
Rylands V Fletcher:
Statute of limitations
The lighter side of the law
Law of Tort – Multiple Choice Questions
Law of Tort – Multiple Choice Questions – Solutions
Glossary of Terms

Authored by Teresa M Clyne MSc

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