DPP v McLoughlin: Difference between revisions
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=== ''DPP V McLoughlin'' === |
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{{Infobox court case|name=example infobox (replace with your case details) |court=[[Supreme Court of Ireland]]|image=|imagesize=|imagelink=|imagealt=|caption=[[Coat of arms of Ireland]]|full name=|date decided=|citations={{cite BAILII|litigants=Attorney General v X|link=Attorney General v. X|court=IESC|division=|year=1992|num=1|para=|eucase=|parallelcite=[1992] 1 IR 1}}|transcripts=|judges=[[Thomas Finlay (judge)|Finlay CJ]], [[Niall McCarthy (judge)|McCarthy J]], O'Flatherty J, Egan J, [[Anthony J. Hederman|Hederman J]]|number of judges=|decision by=|concurring=|dissenting=|concur/dissent=|prior actions=|appealed from=|appealed to=|subsequent actions=|related actions=|opinions=very brief summary.|keywords={{hlist| [[Constitution of Ireland|Constitution]] | Personal Rights | [[Right to life|Right to Life]] | [[Prenatal development|Unborn]] | [[Freedom of movement|Right to Travel]] | [[Abortion]] | [[Suicide]] | [[Injunction]]}}|italic title=yes}} |
{{Infobox court case|name=example infobox (replace with your case details) |court=[[Supreme Court of Ireland]]|image=|imagesize=|imagelink=|imagealt=|caption=[[Coat of arms of Ireland]]|full name=|date decided=|citations={{cite BAILII|litigants=Attorney General v X|link=Attorney General v. X|court=IESC|division=|year=1992|num=1|para=|eucase=|parallelcite=[1992] 1 IR 1}}|transcripts=|judges=[[Thomas Finlay (judge)|Finlay CJ]], [[Niall McCarthy (judge)|McCarthy J]], O'Flatherty J, Egan J, [[Anthony J. Hederman|Hederman J]]|number of judges=|decision by=|concurring=|dissenting=|concur/dissent=|prior actions=|appealed from=|appealed to=|subsequent actions=|related actions=|opinions=very brief summary.|keywords={{hlist| [[Constitution of Ireland|Constitution]] | Personal Rights | [[Right to life|Right to Life]] | [[Prenatal development|Unborn]] | [[Freedom of movement|Right to Travel]] | [[Abortion]] | [[Suicide]] | [[Injunction]]}}|italic title=yes}} |
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A Wikipedia article is written in a [[wikipedia:Neutral_point_of_view|neutral point of view]]. Do not editorialize; you should support any claims by citing reputable sources. For an [[Supreme Court of Ireland|Irish Supreme Court]] case your article should consist of an accurate summary of the case including the background, the arguments in the case, and a clear explanation of the Court's decision and its significance. |
In '''DPP v McLoughlin''' [2010] IESC 65, the [[Supreme Court of Ireland|Irish Supreme Court]] confirmed that when objecting the granting of bail on the grounds of alleged witness intimidation,The court itself should be satisfied of the probability of the risk of interference or intimidation and make that finding expressly. The decision of Denham J, goes on to state in regards to hearsay that "The relevance and weight of such evidence is a matter to be determined by the trial judge and that a judge should be careful on the weight he or she places on such evidence".<ref>{{Cite web|url=https://login.westlaw.ie/maf/wlie/app/authentication/formLogin?epos=1&td=1&redirect=%2Fmaf%2Fwlie%2Fapp%2Fdocument%3Fsrguid%3Di0ad6ada70000016db07fbba15240fac3%26docguid%3DI7C15E9140D5C4290961EC8E225A29A77%26hitguid%3DI7C15E9140D5C4290961EC8E225A29A77%26rank%3D1%26spos%3D1%26epos%3D1%26td%3D1%26crumb-action%3Dappend%26context%3D6%26resolvein%3Dtrue&crumb-action=append&spos=1&hitguid=I7C15E9140D5C4290961EC8E225A29A77&context=6&rank=1&srguid=i0ad6ada70000016db07fbba15240fac3&docguid=I7C15E9140D5C4290961EC8E225A29A77&resolvein=true|title=Westlaw IE Log In|website=login.westlaw.ie|access-date=2019-10-09}}</ref> The applicant in the case was successful in their appeal. A Wikipedia article is written in a [[wikipedia:Neutral_point_of_view|neutral point of view]]. Do not editorialize; you should support any claims by citing reputable sources. For an [[Supreme Court of Ireland|Irish Supreme Court]] case your article should consist of an accurate summary of the case including the background, the arguments in the case, and a clear explanation of the Court's decision and its significance. |
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The first section of an article is the lead. Its job is to provide a short summary and, crucially, '''communicate the significance of the topic.''' The lead should only be a sentence or two long. '''You must include a citation to at least one source from Westlaw IE when you describe the significance of the case.''' Review the video on Moodle that shows how to find sources using Westlaw IE. If you have trouble finding sources then please ask for help. Your lead should resemble: |
The first section of an article is the lead. Its job is to provide a short summary and, crucially, '''communicate the significance of the topic.''' The lead should only be a sentence or two long. '''You must include a citation to at least one source from Westlaw IE when you describe the significance of the case.''' Review the video on Moodle that shows how to find sources using Westlaw IE. If you have trouble finding sources then please ask for help. Your lead should resemble: |
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This section includes facts of the dispute, its history in lower courts, and relevant historical/political context. Subsections may include history, facts of the case, procedural history or lower courts (or even a subsection for each lower court, appropriately titled), and petition (for certiorari). You can cite the judgement when you are summarizing the facts of the case. |
This section includes facts of the dispute, its history in lower courts, and relevant historical/political context. Subsections may include history, facts of the case, procedural history or lower courts (or even a subsection for each lower court, appropriately titled), and petition (for certiorari). You can cite the judgement when you are summarizing the facts of the case. |
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Oral arguments can go at the end of this section if you choose the "Opinion of the Court" style (see full explanation below). |
== Oral arguments can go at the end of this section if you choose the "Opinion of the Court" style (see full explanation below). == |
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== Holding of the Supreme Court == |
== Holding of the Supreme Court == |
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Revision as of 12:50, 9 October 2019
DPP V McLoughlin
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| example infobox (replace with your case details) | |
|---|---|
 | |
| Court | Supreme Court of Ireland |
| Citations | Attorney General v X [1992] IESC 1, [1992] 1 IR 1 |
| Court membership | |
| Judges sitting | Finlay CJ, McCarthy J, O'Flatherty J, Egan J, Hederman J |
| Case opinions | |
| very brief summary. | |
| Keywords | |
In DPP v McLoughlin [2010] IESC 65, the Irish Supreme Court confirmed that when objecting the granting of bail on the grounds of alleged witness intimidation,The court itself should be satisfied of the probability of the risk of interference or intimidation and make that finding expressly. The decision of Denham J, goes on to state in regards to hearsay that "The relevance and weight of such evidence is a matter to be determined by the trial judge and that a judge should be careful on the weight he or she places on such evidence".[1] The applicant in the case was successful in their appeal. A Wikipedia article is written in a neutral point of view. Do not editorialize; you should support any claims by citing reputable sources. For an Irish Supreme Court case your article should consist of an accurate summary of the case including the background, the arguments in the case, and a clear explanation of the Court's decision and its significance.
The first section of an article is the lead. Its job is to provide a short summary and, crucially, communicate the significance of the topic. The lead should only be a sentence or two long. You must include a citation to at least one source from Westlaw IE when you describe the significance of the case. Review the video on Moodle that shows how to find sources using Westlaw IE. If you have trouble finding sources then please ask for help. Your lead should resemble:
Case name, [1992] IESC 1; [1992] 1 IR 1, was a Irish Supreme Court case in which the Court held ...[2][3][4]
(It is easiest to edit using the 'visual editor' rather than editing the source of the article. If you are not sure how to set your preferences please review the tutorial video on Moodle).
(You do not have to add the table of contents; Wikipedia does this automatically.)
Background (this is the 'heading' setting)
Infobox, located at the right of the article in its own box (this is 'sub-heading 1')
Every Irish Supreme Court case should use the infobox court case template. This can be the last part to add to your article. When you are in edit mode you can click on the infobox and select edit or you can use "edit source" to add information. If you have any trouble with the infobox post a message on the Moodle discussion forum asking for help.
What belongs here:
This section includes facts of the dispute, its history in lower courts, and relevant historical/political context. Subsections may include history, facts of the case, procedural history or lower courts (or even a subsection for each lower court, appropriately titled), and petition (for certiorari). You can cite the judgement when you are summarizing the facts of the case.
Oral arguments can go at the end of this section if you choose the "Opinion of the Court" style (see full explanation below).
Holding of the Supreme Court
This section should contain a summary of the Court's opinion as well as any important events of note that occurred during the case. Use this section for excerpts from the decision and precedents cited.
Subsections or a paragraph for concurring and dissenting opinions can also be added as appropriate. Should be in the form of "Concurrences" and "Dissents" for section headers.
Subsequent developments
This is an optional section. Whether your article has it or not depends on the sources you find on Westlaw IE.Cases that clarify/reverse; relevant developments for the parties or dispute (outcome of remand/"Nixon turned over his tapes..."), social effects. Be sure to include citations in support of any claim you make here about the case's subsequent impact.
Refer forward to subsequent cases citing this decision as precedent.
See also
(Wikipedia will automatically generation references to any citation you have added to the article. You do not have to add 'references' as a separate section)
Add links to other relevant articles on Wikipedia
External links
Add links to relevant external sources.
In the external links section, include a stable link to the decision.
| example infobox (replace with your case details) | |
|---|---|
| |
| Court | Supreme Court of Ireland |
| Citations | Attorney General v X [1992] IESC 1, [1992] 1 IR 1 |
| Court membership | |
| Judges sitting | Finlay CJ, McCarthy J, O'Flatherty J, Egan J, Hederman J |
| Case opinions | |
| very brief summary. | |
| Keywords | |
A Wikipedia article is written in a neutral point of view. Do not editorialize; you should support any claims by citing reputable sources. For an Irish Supreme Court case your article should consist of an accurate summary of the case including the background, the arguments in the case, and a clear explanation of the Court's decision and its significance.
The first section of an article is the lead. Its job is to provide a short summary and, crucially, communicate the significance of the topic. The lead should only be a sentence or two long. You must include a citation to at least one source from Westlaw IE when you describe the significance of the case. Review the video on Moodle that shows how to find sources using Westlaw IE. If you have trouble finding sources then please ask for help. Your lead should resemble:
Case name, [1992] IESC 1; [1992] 1 IR 1, was a Irish Supreme Court case in which the Court held ...[5][6][7]
(It is easiest to edit using the 'visual editor' rather than editing the source of the article. If you are not sure how to set your preferences please review the tutorial video on Moodle).
(You do not have to add the table of contents; Wikipedia does this automatically.)
Background (this is the 'heading' setting)
Infobox, located at the right of the article in its own box (this is 'sub-heading 1')
Every Irish Supreme Court case should use the infobox court case template. This can be the last part to add to your article. When you are in edit mode you can click on the infobox and select edit or you can use "edit source" to add information. If you have any trouble with the infobox post a message on the Moodle discussion forum asking for help.
What belongs here:
This section includes facts of the dispute, its history in lower courts, and relevant historical/political context. Subsections may include history, facts of the case, procedural history or lower courts (or even a subsection for each lower court, appropriately titled), and petition (for certiorari). You can cite the judgement when you are summarizing the facts of the case.
Oral arguments can go at the end of this section if you choose the "Opinion of the Court" style (see full explanation below).
Holding of the Supreme Court
This section should contain a summary of the Court's opinion as well as any important events of note that occurred during the case. Use this section for excerpts from the decision and precedents cited.
Subsections or a paragraph for concurring and dissenting opinions can also be added as appropriate. Should be in the form of "Concurrences" and "Dissents" for section headers.
Subsequent developments
This is an optional section. Whether your article has it or not depends on the sources you find on Westlaw IE.Cases that clarify/reverse; relevant developments for the parties or dispute (outcome of remand/"Nixon turned over his tapes..."), social effects. Be sure to include citations in support of any claim you make here about the case's subsequent impact.
Refer forward to subsequent cases citing this decision as precedent.
See also
(Wikipedia will automatically generation references to any citation you have added to the article. You do not have to add 'references' as a separate section)
Add links to other relevant articles on Wikipedia
External links
Add links to relevant external sources.
In the external links section, include a stable link to the decision.
- ^ "Westlaw IE Log In". login.westlaw.ie. Retrieved 2019-10-09.
- ^ Collins, Sam (2016). "Practice and Procedure". Annual Review of Irish Law. 1: 512 – via Westlaw IE.
- ^ Fennelly, Nial (2017). "THE JUDICIAL LEGACY OF MR JUSTICE ADRIAN HARDIMAN". The Irish Jurist. 58: 88–92 – via Westlaw IE.
- ^ [2003] IESC 70
- ^ Collins, Sam (2016). "Practice and Procedure". Annual Review of Irish Law. 1: 512 – via Westlaw IE.
- ^ Fennelly, Nial (2017). "THE JUDICIAL LEGACY OF MR JUSTICE ADRIAN HARDIMAN". The Irish Jurist. 58: 88–92 – via Westlaw IE.
- ^ [2003] IESC 70