Student Legal Crash Course: A sample of the most important laws college students should be aware of:

Introduction:

As many of you reading this blog will know, I was heavily involved in the U.C.C Free Legal Advice Centre for every year of my undergraduate experience. I even had the privilege of serving as its Chairman in the 2018-2019 academic year. The primary function of this society is that we run mock clinics where we communicate the primary laws of relevance that students should know across certain topics and actual clinics where we distil legal advice alongside a qualified solicitor or barrister.

The purpose of this article today is to provide a one stop shop of several of the most pertinent areas that students should be aware of across three broad categories of law that students will likely come across during their tenure at university.

Public order offences:

It is no surprise that students like to drink and socialise. However, it is worth noting that there are numerous considerations to be aware of before you head on your night out.

- If a member of An Garda Siochana asks for your name and address and you refuse to comply, then you can lawfully be detained. There is a common misconception that you must be arrested for a certain offence but by not complying with law enforcement then you are impeding their investigation. A Garda Inspector clarified this to the room at a mock clinic and he emphasised the rigidity of this rule.

- Disorderly conduct in a public place between 12:00 (midnight) and 07:00 or at any time and not ceasing after a member of the Gardai has asked you to stop. This may include shouting or threatening language above a reasonable level.

The penalties are either a fixed charge fine of €140, or the maximum class D fine if the Gardaí decide to prosecute you for the offence, and you are convicted.

Therefore, err with caution when leaving a nightclub.

- Intoxication in a public place: If a Garda suspects that you are intoxicated in a public place they can take the intoxicating substance away from you. The penalty for public intoxication is a fixed charge fine of €100, or the maximum class E fine of €500, if the Gardaí decide to prosecute you for the offence, and you are convicted.

J-1 legalities:

The following rules relate to the J-1 visa for the United States of America, although I am aware that many students also spend the summer in Canada, the rules for the American J-1 visa are those that students often sought advice about.

- There are a number of jobs that those on the J-1 visa are precluded from doing. These include but are not limited to domestic help positions in private homes (e.g., child care, elder care, gardener, chauffeur), positions related to clinical care that involve patient contact, positions in chemical pest control, warehousing, catalogue/online order distribution centres, positions involved in gaming and gambling that include direct participation in wagering and/or betting, Positions that are not compensated hourly e.g. piece wages, stipends, etc. Breach of this may even result in deportation from the country.

- America (varies state to state) generally are draconian on their policy as regards open carry containers of alcohol. There is absolutely no drinking on the street and those in breach of this will be fined heavily with samples of fines ranging from 100-300 dollars on the spot fine. This may also lead to a court date.

- Certain criminal convictions will prevent someone obtaining the J-1 visa. This include convictions for assault or any sort of drugs offence.

Landlord and tenant law:

Although I am discussing your rights and tenants it is also important that you know you also have obligations as a tenant to landlords and neighbours, roommates. Students most frequently asked for legal advice in this domain.

- Your landlord is only allowed to enter your home with your permission. If the landlord needs to carry out repairs or inspect the premises, it should be by prior arrangement, except in an emergency.

- You are entitled to quiet and exclusive enjoyment of your home. If noise from other tenants or neighbours is disturbing you, ask them to stop and also inform your landlord. If this does not work, you can make a formal complaint.

- You are entitled to refer any disputes to the Residential Tenancies Board (RTB) without being penalised for doing so.

- All homes for rent must have a Building Energy Rating (BER), stating how energy-efficient the home is. This will help you to make an informed choice when comparing properties to rent.

Conclusion:

The most essential piece of advice stemming from this article forces me to reflect on when I participated in a round-table discussion with academics and practitioners in my university about access to justice. One of the fellow speakers asked me why the FLAC Society in U.C.C remained popular when the legislation, articles and citizens information services maintain prominent online with all the necessary information. I retorted that while the information is there people do not feel comfortable digesting it unless they are actually familiar with the subject matter. Much like why GP’s are kept in roaring demand despite the fact that a resource like WebMD exists.

Thus, my final piece of advice is that if you feel concerned about any or all of this, consult your university FLAC Society, (most Irish universities have one). Or failing that contact a solicitor for a consultation.

Remember to be conscious of the laws and where there is a chance to stay away from trouble or breaking the law, always take it.

Always think about the consequences of your actions and whatever the case, be informed and know your rights.