FE-1 Criminal Law and Land Law 1 — Questions and Answers
Question 1: What are the two essential elements (actus reus and mens rea) required for criminal liability in Irish law?
- 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 (Correct answer)
- Only the act (actus reus) is required for criminal liability
- Mens rea is not required for any offence under Irish law
- The elements must be proved beyond the balance of probabilities
Correct 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
Criminal liability generally requires the coincidence of actus reus (the guilty act) and mens rea (the guilty mind). The prosecution must prove both beyond reasonable doubt. Strict liability offences are an exception requiring no mens rea.
Question 2: What is the standard of proof in criminal proceedings in Ireland?
- Beyond reasonable doubt — the prosecution must make the court sure of the defendant's guilt (Correct answer)
- On the balance of probabilities
- Beyond any conceivable doubt
- The defendant must prove their innocence on the balance of probabilities
Correct answer: Beyond reasonable doubt — the prosecution must make the court sure of the defendant's guilt
The prosecution bears the burden of proof in criminal cases and must establish guilt beyond reasonable doubt. This high standard reflects the presumption of innocence (Article 38 of the Constitution) and the serious consequences of a criminal conviction.
Question 3: What is the defence of self-defence in Irish criminal law?
- 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 (Correct answer)
- Any force used in self-defence is justified regardless of its extent
- Self-defence is only available as a defence to assault charges
- The defence requires the accused to have retreated before using force
Correct 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
Self-defence under Irish common law and the Non-Fatal Offences Against the Person Act 1997 requires: an unlawful attack, belief in the necessity of defensive action, and force that is proportionate. Excessive force will defeat the defence.
Question 4: Under Irish land law, what is the distinction between a freehold and leasehold estate?
- 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 (Correct answer)
- Leasehold is the higher estate and gives greater rights than freehold
- The distinction between freehold and leasehold was abolished by the Land and Conveyancing Law Reform Act 2009
- A leasehold estate can be for any duration including perpetuity
Correct 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
A fee simple absolute (freehold) is ownership in perpetuity — the closest thing to absolute ownership. A leasehold gives the tenant exclusive possession for a defined term, paying rent. The landlord retains the freehold reversion which returns on expiry.
Question 5: What is adverse possession under Irish land law and what are its requirements?
- 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 (Correct answer)
- Adverse possession requires payment of rent to the owner
- A squatter can never acquire title to registered land in Ireland
- The limitation period for adverse possession of registered land in Ireland is 30 years
Correct 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
Adverse possession (squatter's rights) under the Statute of Limitations 1957 extinguishes the paper owner's right to recover land after 12 years (6 years for State land). The Land and Conveyancing Law Reform Act 2009 modified the position for registered land, requiring registration of the squatter's title.
Question 6: What is an easement in Irish property law and what are the requirements for its existence (as per Re Ellenborough Park [1956])?
- 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 (Correct answer)
- A personal licence to use another's land that cannot be transferred
- An easement is a registered right that must be in writing to be valid
- Easements only arise by express grant, never by prescription or implication
Correct 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
Re Ellenborough Park established the four essential characteristics of an easement. It benefits the land (not just the person), the tenements must be sufficiently proximate, and the right must be definable and not deprive the servient owner of reasonable use of their land.
