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Upper Ossory

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An inquisitorial system is a legal system in which the court , or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system , in which the role of the court is primarily that of an impartial referee between the prosecution and the defense .

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90-576: Upper Ossory ( Irish : Osraighe Uachtarach ) was an administrative barony in the south and west of Queen's County (now County Laois ) in Ireland . In late Gaelic Ireland it was the túath of the Mac Giolla Phádraig ( Fitzpatrick ) family and a surviving remnant of the once larger kingdom of Ossory . The northernmost part of the Diocese of Ossory and medieval County Kilkenny , it

180-547: A unique dialect of Irish developed before falling out of use in the early 20th century. With a writing system , Ogham , dating back to at least the 4th century AD, which was gradually replaced by Latin script since the 5th century AD, Irish has one of the oldest vernacular literatures in Western Europe . On the island, the language has three major dialects: Connacht , Munster and Ulster Irish . All three have distinctions in their speech and orthography . There

270-717: A bargaining chip during government formation in Northern Ireland, prompting protests from organisations and groups such as An Dream Dearg . Irish became an official language of the EU on 1 January 2007, meaning that MEPs with Irish fluency can now speak the language in the European Parliament and at committees, although in the case of the latter they have to give prior notice to a simultaneous interpreter in order to ensure that what they say can be interpreted into other languages. While an official language of

360-575: A better future for Ireland and all her citizens." The Strategy was produced on 21 December 2010 and will stay in action until 2030; it aims to target language vitality and revitalization of the Irish language. The 30-page document published by the Government of Ireland details the objectives it plans to work towards in an attempt to preserve and promote both the Irish language and the Gaeltacht. It

450-413: A committal order. If the examining judge decides there is a valid case against a suspect, the accused is sent for adversarial trial by jury. The examining judge does not sit on the trial court which tries the case and is prohibited from sitting for future cases involving the same defendant. The case is tried before the court in a manner similar to that of adversarial courts: the prosecution (and on occasion

540-478: A cultural and social force. Irish speakers often insisted on using the language in law courts (even when they knew English), and Irish was also common in commercial transactions. The language was heavily implicated in the "devotional revolution" which marked the standardisation of Catholic religious practice and was also widely used in a political context. Down to the time of the Great Famine and even afterwards,

630-553: A degree course in the NUI federal system to pass the subject of Irish in the Leaving Certificate or GCE / GCSE examinations. Exemptions are made from this requirement for students who were born or completed primary education outside of Ireland, and students diagnosed with dyslexia . NUI Galway is required to appoint people who are competent in the Irish language, as long as they are also competent in all other aspects of

720-495: A dismissal or re-trial . In some adversarial jurisdictions (e.g., the United States , and England and Wales), a prosecutor cannot appeal a "not guilty" verdict (absent corruption or gross malfeasance by the court). In adversarial systems, the defendant may plead " guilty " or " no contest ," in exchange for reduced sentences, a practice known as plea bargaining , or a plea deal, which is an extremely common practice in

810-460: A fully recognised EU language for the first time in the state's history. Before Irish became an official language it was afforded the status of treaty language and only the highest-level documents of the EU were made available in Irish. The Irish language was carried abroad in the modern period by a vast diaspora , chiefly to Great Britain and North America, but also to Australia , New Zealand and Argentina . The first large movements began in

900-585: A paper suggested that within a generation, non-Gaeltacht habitual users of Irish might typically be members of an urban, middle class, and highly educated minority. Parliamentary legislation is supposed to be available in both Irish and English but is frequently only available in English. This is notwithstanding that Article 25.4 of the Constitution of Ireland requires that an "official translation" of any law in one official language be provided immediately in

990-575: A pass in Leaving Certificate Irish or English, and receive lessons in Irish during their two years of training. Official documents of the Irish government must be published in both Irish and English or Irish alone (in accordance with the Official Languages Act 2003, enforced by An Coimisinéir Teanga , the Irish language ombudsman). The National University of Ireland requires all students wishing to embark on

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1080-403: A plaintiff) seeks the conviction of accused criminals, the defense attempts to rebut the prosecution claims, and the judge and jury draw their conclusions from the evidence presented at trial. As a result of judicial investigation and defendants being able to have judicial proceedings dismissed on procedural grounds during the examining phase, cases where the evidence is weak tend not to reach

1170-625: A religious context. An Irish translation of the Old Testament by Leinsterman Muircheartach Ó Cíonga , commissioned by Bishop Bedell , was published after 1685 along with a translation of the New Testament. Otherwise, Anglicisation was seen as synonymous with 'civilising' the native Irish. Currently, modern day Irish speakers in the church are pushing for language revival. It has been estimated that there were around 800,000 monoglot Irish speakers in 1800, which dropped to 320,000 by

1260-558: A similar requirement under the name corpus delicti . Until the development of the Catholic Medieval Inquisition in the 12th century, the legal systems used in medieval Europe generally relied on the adversarial system to determine whether someone should be tried and whether a person was guilty or innocent. Under this system, unless people were caught in the act of committing crimes, they could not be tried until they had been formally accused by their victim,

1350-462: A theory of justice as applied differently in various legal cultures. In an adversarial system , judges focus on the issues of law and procedure and act as a referee in the contest between the defense and the prosecution . Juries decide matters of fact, and sometimes matters of the law . Neither judge nor jury can initiate an inquiry, and judges rarely ask witnesses questions directly during trial . In some United States jurisdictions, it

1440-545: A wider meaning, including the Gaelic of Scotland and the Isle of Man , as well as of Ireland. When required by the context, these are distinguished as Gaeilge na hAlban , Gaeilge Mhanann and Gaeilge na hÉireann respectively. In English (including Hiberno-English ), the language is usually referred to as Irish , as well as Gaelic and Irish Gaelic . The term Irish Gaelic may be seen when English speakers discuss

1530-523: Is a member of the Goidelic language group of the Insular Celtic sub branch of the family and is indigenous to the island of Ireland . It was the majority of the population's first language until the 19th century, when English gradually became dominant, particularly in the last decades of the century, in what is sometimes characterised as a result of linguistic imperialism . Today, Irish

1620-452: Is also An Caighdeán Oifigiúil , a standardised written form devised by a parliamentary commission in the 1950s. The traditional Irish alphabet , a variant of the Latin alphabet with 18 letters , has been succeeded by the standard Latin alphabet (albeit with 7–8 letters used primarily in loanwords ). Irish has constitutional status as the national and first official language of

1710-449: Is common practice for jurors to submit questions to the court that they believe were not resolved in direct or cross-examination . After testimony and other evidence are presented and summarized in arguments, the jury will declare a verdict (literally true statement ) and in some jurisdictions the reasoning behind the verdict; however, discussions among jurors cannot be made public except in extraordinary circumstances. Appeals on

1800-511: Is divided into four separate phases with the intention of improving 9 main areas of action including: The general goal for this strategy was to increase the number of daily speakers from 83,000 to 250,000 by the end of its run. By 2022, the number of such speakers had fallen to 71,968. Before the partition of Ireland in 1921, Irish was recognised as a school subject and as "Celtic" in some third level institutions. Between 1921 and 1972, Northern Ireland had devolved government. During those years

1890-587: Is only in Gaeltacht areas that Irish continues to be spoken as a community vernacular to some extent. According to data compiled by the Department of Tourism, Culture, Arts, Gaeltacht , Sport and Media , only 1/4 of households in Gaeltacht areas are fluent in Irish. The author of a detailed analysis of the survey, Donncha Ó hÉallaithe of the Galway-Mayo Institute of Technology , described

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1980-588: Is so well governed and defended, by the valor and wisedome of the Baron that nowe is as ... it made no matter, if the countrie were never shired, ... and yet united to some shire it shal be". Fitzpatrick preferred to be subject to the new English planters in Queen's County rather than his Ormond enemies in Kilkenny. By letters patent of 21 July 1600 Upper Ossory was formally transferred to Queen's County. An exception

2070-588: Is still commonly spoken as a first language in Ireland's Gaeltacht regions, in which 2% of Ireland's population lived in 2022. The total number of people (aged 3 and over) in Ireland who declared they could speak Irish in April 2022 was 1,873,997, representing 40% of respondents, but of these, 472,887 said they never spoke it and a further 551,993 said they only spoke it within the education system. Linguistic analyses of Irish speakers are therefore based primarily on

2160-412: Is still spoken daily to some extent as a first language . These regions are known individually and collectively as the Gaeltacht (plural Gaeltachtaí ). While the fluent Irish speakers of these areas, whose numbers have been estimated at 20–30,000, are a minority of the total number of fluent Irish speakers, they represent a higher concentration of Irish speakers than other parts of the country and it

2250-547: Is the prevalent legal system in Continental Europe , Latin America , African countries not formerly under British rule, East Asia (except Hong Kong ), Indochina , Thailand , and Indonesia . Most countries with an inquisitorial system also have some form of civil code as their main source of law. Countries using common law, including the United States , may use an inquisitorial system for summary hearings in

2340-666: The Fíor-Ghaeltacht (true Gaeltacht ), a term originally officially applied to areas where over 50% of the population spoke Irish. There are Gaeltacht regions in the following counties: Gweedore ( Gaoth Dobhair ), County Donegal, is the largest Gaeltacht parish in Ireland. Irish language summer colleges in the Gaeltacht are attended by tens of thousands of teenagers annually. Students live with Gaeltacht families, attend classes, participate in sports, go to céilithe and are obliged to speak Irish. All aspects of Irish culture and tradition are encouraged. The Act

2430-468: The Code of criminal procedure of 1808 on 16 November 1808, that the classical procedures of inquisition were ended in all German territories. In the development of modern legal institutions that took place in the 19th century, for the most part jurisdictions codified their private law and criminal law , and reviewed and codified the rules of civil procedure as well. It was through this development that

2520-484: The Conseil d'État , litigation proceedings are markedly more inquisitorial. Most of the procedure is conducted in writing; the plaintiff writes to the court, which asks explanations from the administration or public service concerned; when answered, the court may then ask further detail from the plaintiff, etc. When the case is sufficiently complete, the lawsuit opens in court; however, the parties are not required to attend

2610-668: The New York City Traffic Violations Bureau are held before an adjudicator, who also functions as a prosecutor. They question witnesses before rendering judgements and setting fines. These types of tribunals or boards function as an expedited form of justice, in which the state agents conduct an initial investigation and the adjudicator's job is to confirm these preliminary findings through a simplified form of procedure that grants some basic amount of due process or fundamental justice . The accused party has an opportunity to place his or her objections on

2700-631: The Republic of Ireland , and is also an official language of Northern Ireland and among the official languages of the European Union . The public body Foras na Gaeilge is responsible for the promotion of the language throughout the island. Irish has no regulatory body but An Caighdeán Oifigiúil , the standard written form, is guided by a parliamentary service and new vocabulary by a voluntary committee with university input. In An Caighdeán Oifigiúil ("The Official [Written] Standard ")

2790-526: The (possibly secret) testimony of those witnesses accused a person of a crime, that person could be summoned and tried. In 1215, the Fourth Council of the Lateran affirmed the use of the inquisitional system. The council forbade clergy from conducting trials by ordeal or combat. As a result, in parts of continental Europe, the ecclesiastical courts operating under the inquisitional procedure became

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2880-634: The 17th century, largely as a result of the Cromwellian conquest of Ireland , which saw many Irish sent to the West Indies . Irish emigration to the United States was well established by the 18th century, and was reinforced in the 1840s by thousands fleeing from the Famine . This flight also affected Britain. Up until that time most emigrants spoke Irish as their first language, though English

2970-695: The 1841 census. The Valuation of Lands (Ireland) Act 1836 empowered the grand jury of a county to subdivide large baronies. Whereas an order in council of 22 December 1841 refers to "that part of the barony of Upper Ossory, in the Queen's County, which is commonly called the Cantred of Clarmallagh, and which, according to the ordnance survey, is named the barony of Clarmallagh", another order in council of 9 February 1842 refers simply to "the barony of Clarmallagh". The 1846 Parliamentary Gazetteer recorded Upper Ossory as having been "a few years ago practically abolished". The Redistribution of Seats Act 1885 split

3060-789: The 1998 Good Friday Agreement , the language gradually received a degree of formal recognition in Northern Ireland from the United Kingdom, and then, in 2003, by the British government's ratification in respect of the language of the European Charter for Regional or Minority Languages . In the 2006 St Andrews Agreement the British government promised to enact legislation to promote the language and in 2022 it approved legislation to recognise Irish as an official language alongside English. The bill received royal assent on 6 December 2022. The Irish language has often been used as

3150-403: The 6th century, used the Latin alphabet and is attested primarily in marginalia to Latin manuscripts. During this time, the Irish language absorbed some Latin words, some via Old Welsh , including ecclesiastical terms : examples are easpag (bishop) from episcopus , and Domhnach (Sunday, from dominica ). By the 10th century, Old Irish had evolved into Middle Irish , which

3240-571: The Act all detailing different aspects of the use of Irish in official documentation and communication. Included in these sections are subjects such as Irish language use in official courts, official publications, and placenames. The Act was recently amended in December 2019 in order to strengthen the already preexisting legislation. All changes made took into account data collected from online surveys and written submissions. The Official Languages Scheme

3330-486: The English adversarial system. The main feature of the inquisitorial system in criminal justice in France , and other countries functioning along the same lines, is the function of the examining or investigating judge ( juge d'instruction ), also called a magistrate judge. The examining judge conducts investigations into serious crimes or complex inquiries. As a member of the judiciary , they are independent and outside

3420-471: The European Union , only co-decision regulations were available until 2022, due to a five-year derogation, requested by the Irish Government when negotiating the language's new official status. The Irish government had committed itself to train the necessary number of translators and interpreters and to bear the related costs. This derogation ultimately came to an end on 1 January 2022, making Irish

3510-549: The Irish language policy followed by Irish governments as a "complete and absolute disaster". The Irish Times , referring to his analysis published in the Irish language newspaper Foinse , quoted him as follows: "It is an absolute indictment of successive Irish Governments that at the foundation of the Irish State there were 250,000 fluent Irish speakers living in Irish-speaking or semi Irish-speaking areas, but

3600-620: The Republic of Ireland ), new appointees to the Civil Service of the Republic of Ireland , including postal workers , tax collectors , agricultural inspectors, Garda Síochána (police), etc., were required to have some proficiency in Irish. By law, a Garda who was addressed in Irish had to respond in Irish as well. In 1974, in part through the actions of protest organisations like the Language Freedom Movement ,

3690-473: The United States. In theory, the defendant must allocute or "voice" his or her crimes in open court, and the judge must believe the defendant is telling the truth about his or her guilt. In an inquisitorial system, a confession of guilt would not be regarded as ground for a guilty verdict. The prosecutor is required to provide evidence supporting a guilty verdict. But this requirement is not unique to inquisitorial systems, as many or most adversarial systems impose

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3780-472: The adversarial system. The adversarial principle that a person could not be tried until formally accused continued to apply for most criminal cases. In 1215 this principle became enshrined as article 38 of the Magna Carta : "No bailiff for the future shall, upon his own unsupported complaint, put anyone to his law, without credible witnesses brought for this purposes." The first territory to wholly adopt

3870-482: The basis of factual issues, such as sufficiency of the sum total of evidence that was properly admitted, are subject to a standard of review that is in most jurisdictions deferential to the judgment of the fact-finder at trial, be that a judge or a jury. The failure of a prosecutor to disclose evidence to the defense, for example, or a violation of the defendant's constitutional rights ( legal representation , right to remain silent , an open and public trial ) can trigger

3960-746: The beginning of the following academic year. For a number of years there has been vigorous debate in political, academic and other circles about the failure of most students in English-medium schools to achieve competence in Irish, even after fourteen years of teaching as one of the three main subjects. The concomitant decline in the number of traditional native speakers has also been a cause of great concern. In 2007, filmmaker Manchán Magan found few Irish speakers in Dublin , and faced incredulity when trying to get by speaking only Irish in Dublin. He

4050-522: The case of misdemeanors or infractions , such as minor traffic violations. The distinction between an adversarial and inquisitorial system is theoretically unrelated to the distinction between a civil legal and common-law system. Some legal scholars consider inquisitorial misleading, and prefer the word nonadversarial . The function is often vested in the office of the public procurator , as in China , Japan , and Germany . In an inquisitorial system,

4140-620: The castle of McKilpatrick [ sic ]". In 1541, during the Tudor reconquest of Ireland , Barnaby Fitzpatrick ( Brían Óg Mac Giolla Phádraig ) was created 1st Baron Upper Ossory upon the surrender and regrant of his lands to and by Henry VIII , legitimating his lordship in the eyes of the Dublin Castle administration . Queen's County was created in 1556 from unshired lands northeast of Upper Ossory. In 1575, Henry Sidney , then Lord Deputy of Ireland , wrote "Upper Osserie

4230-491: The civil law is purely inquisitorial and the common law adversarial. The ancient Roman custom of arbitration has now been adapted in many common-law jurisdictions to a more inquisitorial form. In some mixed civil law systems, such as those in Scotland , Quebec , and Louisiana , while the substantive law is civil in nature and evolution, the procedural codes that have developed over the last few hundred years are based upon

4320-411: The court appearance. This method reflects the fact that administrative lawsuits are for the most part about matters of formal procedure and technicalities. Certain administrative proceedings within some common-law jurisdictions in the United States may be similar to their civil law counterparts but are conducted on a more inquisitorial model. For instance tribunals dealing with minor traffic violations at

4410-490: The difficulties in deciding cases, procedures such as trial by ordeal or combat were accepted. Beginning in 1198, Pope Innocent III issued a series of decretals that reformed the ecclesiastical court system. Under the new processus per inquisitionem (inquisitional procedure), an ecclesiastical magistrate no longer required a formal accusation to summon and try a defendant. Instead, an ecclesiastical court could summon and interrogate witnesses of its own initiative. If

4500-409: The dominant method by which disputes were adjudicated. In France, the parlements — lay courts — also employed inquisitorial proceedings. In England, however, King Henry II had established separate secular courts during the 1160s. While the ecclesiastical courts of England, like those on the continent, adopted the inquisitional system, the secular common law courts continued to operate under

4590-474: The end of the famine, and under 17,000 by 1911. Irish is recognised by the Constitution of Ireland as the national and first official language of Republic of Ireland (English being the other official language). Despite this, almost all government business and legislative debate is conducted in English. In 1938, the founder of Conradh na Gaeilge (Gaelic League), Douglas Hyde , was inaugurated as

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4680-560: The first President of Ireland . The record of his delivering his inaugural Declaration of Office in Roscommon Irish is one of only a few recordings of that dialect. In the 2016 census, 10.5% of respondents stated that they spoke Irish, either daily or weekly, while over 70,000 people (4.2%) speak it as a habitual daily means of communication. From the foundation of the Irish Free State in 1922 (see History of

4770-717: The inquisitional system was the Holy Roman Empire . The new German legal process was introduced as part of the Wormser Reformation of 1498 and then the Constitutio Criminalis Bambergensis of 1507. The adoption of the Constitutio Criminalis Carolina ( peinliche Gerichtsordnung of Charles V ) in 1532 made inquisitional procedures empirical law. It was not until Napoleon introduced

4860-566: The investigation of a case, often assessing material by police and consulting with the prosecutor. The inquisitorial system applies to questions of criminal procedure at trial, not substantive law ; that is, it determines how criminal inquiries and trials are conducted, not the kind of crimes for which one can be prosecuted or the sentences that they carry. It is most readily used in some civil legal systems . However, some jurists do not recognize this dichotomy, and see procedure and substantive legal relationships as being interconnected and part of

4950-419: The judge to act, and may appeal the judge's decisions before an appellate court. The scope of the inquiry is limited by the mandate given by the prosecutor's office: the examining judge cannot open a criminal investigation sua sponte . In the past the examining judge could order committal of the accused, this power being subject to appeal. However, this is no longer authorized, and other judges have to approve

5040-650: The king, James I , was lord of Upper Ossory, and he proceeded to grant George Villiers, 1st Duke of Buckingham extensive lands in the barony. As late as 1639, a statute refers to "upper Ossory, alias Mac Gil Patricks country". Upper Ossory comprised one third of the territory of Queen's County . From the time of the Down Survey it was for many purposes divided into three subunits called cantred s; namely Clarmallagh , Clandonagh , and Upperwoods . The Ordnance Survey of Ireland 's first edition maps of 1836–42 regarded these as baronies superseding Upper Ossory, as did

5130-716: The language family, is derived from the Old Irish term. Endonyms of the language in the various modern Irish dialects include: Gaeilge [ˈɡeːlʲɟə] in Galway, Gaeilg / Gaeilic / Gaeilig [ˈɡeːlʲəc] in Mayo and Ulster , Gaelainn / Gaoluinn [ˈɡeːl̪ˠən̠ʲ] in West/Cork, Kerry Munster , as well as Gaedhealaing in mid and East Kerry/Cork and Waterford Munster to reflect local pronunciation. Gaeilge also has

5220-410: The language was in use by all classes, Irish being an urban as well as a rural language. This linguistic dynamism was reflected in the efforts of certain public intellectuals to counter the decline of the language. At the end of the 19th century, they launched the Gaelic revival in an attempt to encourage the learning and use of Irish, although few adult learners mastered the language. The vehicle of

5310-476: The language. For most of recorded Irish history , Irish was the dominant language of the Irish people , who took it with them to other regions , such as Scotland and the Isle of Man , where Middle Irish gave rise to Scottish Gaelic and Manx . It was also, for a period, spoken widely across Canada , with an estimated 200,000–250,000 daily Canadian speakers of Irish in 1890. On the island of Newfoundland ,

5400-520: The mid-18th century, English was becoming a language of the Catholic middle class, the Catholic Church and public intellectuals, especially in the east of the country. Increasingly, as the value of English became apparent, parents sanctioned the prohibition of Irish in schools. Increasing interest in emigrating to the United States and Canada was also a driver, as fluency in English allowed

5490-804: The name of the language is Gaeilge , from the South Connacht form, spelled Gaedhilge prior the spelling reform of 1948, which was originally the genitive of Gaedhealg , the form used in Classical Gaelic . The modern spelling results from the deletion of the silent ⟨dh⟩ in Gaedhilge . Older spellings include Gaoidhealg [ˈɡeːʝəlˠəɡ] in Classical Gaelic and Goídelc [ˈɡoiðʲelɡ] in Old Irish . Goidelic , used to refer to

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5580-469: The new immigrants to get jobs in areas other than farming. An estimated one quarter to one third of US immigrants during the Great Famine were Irish speakers. Irish was not marginal to Ireland's modernisation in the 19th century, as is often assumed. In the first half of the century there were still around three million people for whom Irish was the primary language, and their numbers alone made them

5670-655: The number now is between 20,000 and 30,000." In the 1920s, when the Irish Free State was founded, Irish was still a vernacular in some western coastal areas. In the 1930s, areas where more than 25% of the population spoke Irish were classified as Gaeltacht . Today, the strongest Gaeltacht areas, numerically and socially, are those of South Connemara , the west of the Dingle Peninsula , and northwest Donegal, where many residents still use Irish as their primary language. These areas are often referred to as

5760-570: The number of daily users in Ireland outside the education system, which in 2022 was 20,261 in the Gaeltacht and 51,707 outside it, totalling 71,968. In response to the 2021 census of Northern Ireland , 43,557 individuals stated they spoke Irish on a daily basis, 26,286 spoke it on a weekly basis, 47,153 spoke it less often than weekly, and 9,758 said they could speak Irish, but never spoke it. From 2006 to 2008, over 22,000 Irish Americans reported speaking Irish as their first language at home, with several times that number claiming "some knowledge" of

5850-503: The other official language, if not already passed in both official languages. In November 2016, RTÉ reported that over 2.3 million people worldwide were learning Irish through the Duolingo app. Irish president Michael D. Higgins officially honoured several volunteer translators for developing the Irish edition, and said the push for Irish language rights remains an "unfinished project". There are rural areas of Ireland where Irish

5940-557: The political party holding power in the Stormont Parliament , the Ulster Unionist Party (UUP), was hostile to the language. The context of this hostility was the use of the language by nationalists. In broadcasting, there was an exclusion on the reporting of minority cultural issues, and Irish was excluded from radio and television for almost the first fifty years of the previous devolved government. After

6030-674: The province of the executive branch, and therefore separate from the Office of Public Prosecutions, which is supervised by the Minister of Justice . Despite high media attention and frequent portrayals in TV series, examining judges are active in a small minority of cases. In 2005, there were 1.1 million criminal rulings in France, while only 33,000 new cases were investigated by judges. The vast majority of cases are therefore investigated directly by law enforcement agencies ( police , gendarmerie ) under

6120-409: The public prosecutor rules the charges to be insufficient). The judge questions witnesses, interrogates suspects, and orders searches for other investigations. Their role is not to prosecute the accused, but to gather facts, and as such their duty is to look for any and all evidence , whether incriminating or exculpatory ( à charge et à décharge ). Both the prosecution and the defense may request

6210-492: The relationship between the three Goidelic languages (Irish, Scottish Gaelic and Manx). Gaelic is a collective term for the Goidelic languages, and when the context is clear it may be used without qualification to refer to each language individually. When the context is specific but unclear, the term may be qualified, as Irish Gaelic, Scottish Gaelic or Manx Gaelic. Historically the name "Erse" ( / ɜːr s / URS )

6300-432: The requirement for entrance to the public service was changed to proficiency in just one official language. Nevertheless, Irish remains a required subject of study in all schools in the Republic of Ireland that receive public money (see Education in the Republic of Ireland ). Teachers in primary schools must also pass a compulsory examination called Scrúdú Cáilíochta sa Ghaeilge . As of 2005, Garda Síochána recruits need

6390-647: The revival was the Gaelic League ( Conradh na Gaeilge ), and particular emphasis was placed on the folk tradition, which in Irish is particularly rich. Efforts were also made to develop journalism and a modern literature. Although it has been noted that the Catholic Church played a role in the decline of the Irish language before the Gaelic Revival, the Protestant Church of Ireland also made only minor efforts to encourage use of Irish in

6480-416: The role of an inquisitorial system became enshrined in most European civilian legal systems. However, there exist significant differences of operating methods and procedures between 18th century ancien régime courts and 19th-century courts. In particular, limits on the powers of investigators were typically added, as well as increased rights of the defense. It is too much of a generalization to say that

6570-415: The supervision of the Office of Public Prosecutions ( procureurs ). Examining judges are used for serious crimes, e.g., murder and rape , and for crimes involving complexity, such as embezzlement , misuse of public funds, and corruption . The case may be brought before the examining judge either by the public prosecutor ( procureur ) or, more rarely, by the victim (who may compel an instruction even if

6660-611: The town of Borris-in-Ossory recalls its location in Upper Ossory. Several peerages with titles including "Upper Ossory" have been created, all held by members of the Fitzpatrick family : Irish language Irish ( Standard Irish : Gaeilge ), also known as Irish Gaelic or simply Gaelic ( / ˈ ɡ eɪ l ɪ k / GAY -lik ), is a Celtic language of the Indo-European language family . It

6750-478: The trial judges (mostly plural in serious crimes) are inquisitors who actively participate in fact-finding public inquiry by questioning defense lawyers, prosecutors, and witnesses. They could even order certain pieces of evidence to be examined if they find presentation by the defense or prosecution to be inadequate. Prior to the case getting to trial, magistrate judges ( juges d'instruction in France) participate in

6840-464: The trial stage. Conversely, the guilty plea and plea bargaining were until recently unknown to French law. They are accepted only for crimes for which the prosecution seeks a sentence not exceeding one year imprisonment. Therefore, most cases go to trial, including cases where the prosecution is almost sure to gain a conviction. In countries such as the United States, the latter cases would be settled by plea bargain. In administrative courts , such as

6930-483: The two-seat constituency of Queen's County into two single-seat constituencies, one of which was to be called "Upper Ossory division"; this was changed to " Ossory division " at the committee stage by Richard Lalor , who said "there were both an Upper and a Lower Ossory at one time, but there was no distinction between the two now". The constituency comprised not just the former Upper Ossory but also Maryborough West , Tinnahinch , and part of Portnahinch . The name of

7020-726: The vacancy to which they are appointed. This requirement is laid down by the University College Galway Act, 1929 (Section 3). In 2016, the university faced controversy when it announced the planned appointment of a president who did not speak Irish. Misneach staged protests against this decision. The following year the university announced that Ciarán Ó hÓgartaigh , a fluent Irish speaker, would be its 13th president. He assumed office in January 2018; in June 2024, he announced he would be stepping down as president at

7110-449: The voluntary accusations of a sufficient number of witnesses, or by an inquest (an early form of grand jury ) convened specifically for that purpose. A weakness of this system was that, because it relied on the voluntary accusations of witnesses, and because the penalties for making a false accusation were severe, victims and would-be witnesses could be hesitant to make accusations to the court, for fear of implicating themselves. Because of

7200-594: The work of such writers as Geoffrey Keating , is said to date from the 17th century, and was the medium of popular literature from that time on. From the 18th century on, the language lost ground in the east of the country. The reasons behind this shift were complex but came down to a number of factors: The change was characterised by diglossia (two languages being used by the same community in different social and economic situations) and transitional bilingualism (monoglot Irish-speaking grandparents with bilingual children and monoglot English-speaking grandchildren). By

7290-531: Was also sometimes used in Scots and then in English to refer to Irish; as well as Scottish Gaelic. Written Irish is first attested in Ogham inscriptions from the 4th century AD, a stage of the language known as Primitive Irish . These writings have been found throughout Ireland and the west coast of Great Britain. Primitive Irish underwent a change into Old Irish through the 5th century. Old Irish, dating from

7380-668: Was enacted 1 July 2019 and is an 18-page document that adheres to the guidelines of the Official Languages Act 2003 . The purpose of the Scheme is to provide services through the mediums of Irish and/or English. According to the Department of the Taoiseach, it is meant to "develop a sustainable economy and a successful society, to pursue Ireland's interests abroad, to implement the Government's Programme and to build

7470-706: Was establishing itself as the primary language. Irish speakers had first arrived in Australia in the late 18th century as convicts and soldiers, and many Irish-speaking settlers followed, particularly in the 1860s. New Zealand also received some of this influx. Argentina was the only non-English-speaking country to receive large numbers of Irish emigrants, and there were few Irish speakers among them. Inquisitorial system Inquisitorial systems are used primarily in countries with civil legal systems , such as France and Italy , or legal systems based on Islamic law like Saudi Arabia, rather than in common law systems. It

7560-625: Was granted in 1538. However, in the 14th and 15th centuries, the Gaelic Fitzpatrick family ( Irish : Mac Giolla Phádraig ) encroached southwards into Kilkenny and ruled as "Lords of Upper Ossory". In 1442, the Irish Treasury and Exchequer were petitioned to award 100 shillings to the Norman -affiliated inhabitants of the town of Kilkenny, for their military service against the neighbouring Gaels and "especially in breaching

7650-647: Was made for an area around Durrow , which remained an exclave of the Kilkenny barony of Galmoy . This was at the behest of the Earl of Ormond, who was lord of the manor of Durrow, and wanted to have Fitzpatrick raiders tried at the assizes of Kilkenny, where he could ensure a conviction. After Arthur Chichester was made Lord Deputy in 1605, the lordship of the Fitzpatricks effectively ended. A 1621 inquisition in Maryborough (now Portlaoise ) ruled that

7740-474: Was passed 14 July 2003 with the main purpose of improving the number and quality of public services delivered in Irish by the government and other public bodies. Compliance with the Act is monitored by the An Coimisinéir Teanga (Irish Language Commissioner) which was established in 2004 and any complaints or concerns pertaining to the Act are brought to them. There are 35 sections included in

7830-693: Was spoken throughout Ireland, Isle of Man and parts of Scotland . It is the language of a large corpus of literature, including the Ulster Cycle . From the 12th century, Middle Irish began to evolve into modern Irish in Ireland, into Scottish Gaelic in Scotland, and into the Manx language in the Isle of Man . Early Modern Irish , dating from the 13th century, was the basis of the literary language of both Ireland and Gaelic-speaking Scotland. Modern Irish, sometimes called Late Modern Irish, as attested in

7920-534: Was the rural deanery of Aghaboe , corresponded approximately to the later Upper Ossory. From 1328, the Anglo-Norman Butler Earl of Ormond had palatine jurisdiction over the neighbouring county of Tipperary , and in the 15th century, the Butlers extended this de facto to most of Kilkenny. This was reflected in the subsidiary title Earl of Ossory which Piers Butler, 8th Earl of Ormond

8010-484: Was transferred to the newly created Queen's County, now known as County Laois, in 1600. In the 1840s its three component cantreds , Clarmallagh , Clandonagh , and Upperwoods , were promoted to barony status, thereby superseding Upper Ossory. County Kilkenny was created after the Norman invasion of Ireland from most of the Gaelic Kingdom of Ossory . Kilkenny's medieval cantred of Aghaboe, whose territory

8100-442: Was unable to accomplish some everyday tasks, as portrayed in his documentary No Béarla . There is, however, a growing body of Irish speakers in urban areas, particularly in Dublin. Many have been educated in schools in which Irish is the language of instruction. Such schools are known as Gaelscoileanna at primary level. These Irish-medium schools report some better outcomes for students than English-medium schools. In 2009,

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