Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi all! We have been experiencing an issue on site where threads have been missing the latest postings. The platform host Vanilla are working on this issue. A workaround that has been used by some is to navigate back from 1 to 10+ pages to re-sync the thread and this will then show the latest posts. Thanks, Mike.
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Is it true the Supreme Court doesn't hear evidence?

  • 02-10-2012 1:24pm
    #1
    Registered Users, Registered Users 2 Posts: 1,865 ✭✭✭


    I was talking to someone about abortion, and they were telling me about some misleading statements in the campaign (which there is loads). I've heard it mentioned by pro-life groups that "the Supreme Court didn't hear any medical evidence in the X Case" (this is obviously an attempt to discredit the X Case judgement). However this person told me that the Supreme Court is a court of appeal and hence it's not supposed to hear any evidence in any trial, so the statement "no medical evidence in X Case" is misleading.

    Is this true? Does the Supreme Court not hear evidence?

    I'm not so interested in this becoming a X Case/abortion legal debate thread, this was just the example. (Although if the answer is "yes the supreme court hears evidence, and yes there was medical evidence given in the supreme court X case" that would answer many questions :) )


Comments

  • Registered Users, Registered Users 2 Posts: 14,599 ✭✭✭✭CIARAN_BOYLE


    Syth wrote: »
    Is this true? Does the Supreme Court not hear evidence?

    Very rarely. To the point that if the supreme court is going to hear evidence it makes the news
    http://www.irishexaminer.com/breakingnews/ireland/supreme-court-to-hear-new-evidence-in-bailey-case-536052.html

    Usually they review evidence from the case in a lower court.

    Most of the time appeals to the supreme court are on a point of law that the lawyers feel was misinterpeted by the lower courts and that the facts of the case have already been established


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,750 Admin ✭✭✭✭✭hullaballoo


    The procedure in the Supreme Court is not to hear oral testimony but rather the Court reads transcripts of evidence given in the lower Court. However, the Supreme Court generally only deals with cases where there is an issue of law (rather than fact) to be decided.

    That does not mean that they do not have evidence, just that the evidence is presented differently. Many cases, even in lower Courts, can proceed without the need for oral testimony without issue, generally by Affidavit (sworn statement) evidence.


  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    OP, simply put, a case can get sent back to the High Court if the Supreme Court feel something material was missed or has subsequently come to light. If you think about it you have to have a Court with appellant jurisdiction - if the SC heard a case de novo (from the very beginning) where would you go if you felt they had got it wrong?


Advertisement