Criminal Law and Land Law Flashcards

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.