FE-1 Criminal Law and Land Law

Question 1

What are the two essential elements (actus reus and mens rea) required for criminal liability in Irish law?

Accepted Answer

Actus reus is the prohibited act or omission; mens rea is the required mental state (e.g. intention, recklessness, or knowledge) — both must concur for criminal liability

Answer

Only the act (actus reus) is required for criminal liability

Answer

Mens rea is not required for any offence under Irish law

Answer

The elements must be proved beyond the balance of probabilities

Question 2

What is the standard of proof in criminal proceedings in Ireland?

Accepted Answer

Beyond reasonable doubt — the prosecution must make the court sure of the defendant's guilt

Answer

On the balance of probabilities

Answer

Beyond any conceivable doubt

Answer

The defendant must prove their innocence on the balance of probabilities

Question 3

What is the defence of self-defence in Irish criminal law?

Accepted Answer

A person may use reasonable and proportionate force to defend themselves or others from an unjust attack — the force used must be no more than is reasonably necessary in the circumstances as the accused believed them to be

Answer

Any force used in self-defence is justified regardless of its extent

Answer

Self-defence is only available as a defence to assault charges

Answer

The defence requires the accused to have retreated before using force

Question 4

Under Irish land law, what is the distinction between a freehold and leasehold estate?

Accepted Answer

A freehold estate (fee simple) is ownership of land for an indefinite duration. A leasehold is ownership for a fixed term, with the landlord retaining the freehold reversion

Answer

Leasehold is the higher estate and gives greater rights than freehold

Answer

The distinction between freehold and leasehold was abolished by the Land and Conveyancing Law Reform Act 2009

Answer

A leasehold estate can be for any duration including perpetuity

Question 5

What is adverse possession under Irish land law and what are its requirements?

Accepted Answer

Acquisition of title by long possession — the squatter must be in factual possession, exercising the requisite intention to possess (animus possidendi), for the statutory limitation period (typically 12 years), after which the paper owner's title is extinguished

Answer

Adverse possession requires payment of rent to the owner

Answer

A squatter can never acquire title to registered land in Ireland

Answer

The limitation period for adverse possession of registered land in Ireland is 30 years

Question 6

What is an easement in Irish property law and what are the requirements for its existence (as per Re Ellenborough Park [1956])?

Accepted Answer

A right enjoyed by one landowner over the land of another — requirements: dominant and servient tenement, the right must accommodate the dominant tenement, the tenements must be owned by different persons, and the right must be capable of forming the subject matter of a grant

Answer

A personal licence to use another's land that cannot be transferred

Answer

An easement is a registered right that must be in writing to be valid

Answer

Easements only arise by express grant, never by prescription or implication