Law exam
Law Exam Challenge
Test your knowledge of Irish law with our comprehensive 51-question quiz! This quiz covers both criminal and civil law, along with essential legal principles including the doctrine of precedence, constitutional rights, and the role of the courts.
- Engaging multiple-choice questions
- Perfect for law students and legal enthusiasts
- Validate your understanding of complex legal concepts
Which two of the following terms are assoicated with criminal law in Ireland? 1) Community Service 2) Pleadings 3) The attorney General 4) Rehabilitation
1 and 2
1 and 4
2 and 3
3 and 4
Which ttwo of the following terms are assoicated with civil law in Ireland? 1) Pleadings 2) Injunctions 3) Probation orders 4) Indictment
1 and 2
2 and 3
3 and 4
1 and 4
Which one of the following describes the burden of proof in civil law matters?
The burden is based on the balance of probabilities
The burden lies on the prosecution
The burden lies with the plaintiff/ claimant
The burden is tested based on a belief beyond all reasonable doubt
Which one of the follwoing describes the standard of proof in criminal law matters?
The standard must be proven plaintiff/ claiment
The standard is tested based on the belief of guilt beyond all reasonable doubt
The standard is based on the balance of probabilities
The standard must be met by the prosecution
Which one of the following is not an objective of civil law in law?
To award the injured party compensation for losses sustained from the actions of the wrongdoer
To compel the wrongdoer to cease their unwanted or prohibited actions
To compel the wrongdoer to comply with their legal obligations
To punish the wrongdoer for their unwanted or prohibited actions
Which one of the following is not an objective of criminal law in Ireland?
To deter the wrongdoer from engaging in a prohibited act
To compel the wrongdoer to comply with their legal obligations
To punish the wrongdoer for their unwanted or prohibited acts
To rehabilitate the wrongdoer
Which one of the following remedies is not associated witht he criminal law in Ireland
A fine
A forfeiture order
An order for specific performance
A community service order
Which one of the following remedies in not associated with civil law in Ireland
Damages
An account for profits
A compensation order
An injunction
Which one of the following areas of law is not classed as private law?
Constitutional Law
Company Law
Criminal Law
Law of torts
Which one of the following is not a party in civil action
The prosecution
The plaintiff
The respondent
The appellant
Which one of the following is not a potential outcome/finding in a criminal case
Guilty
Not Guilty
Not guilty by reason of insanity
Liable
Which two of the following cases involve civil claims 1) People v Ryan (1957) 2) AG v Shannon (2018) 3) DPP v Murphy (1999) 4) Kennedy v Ireland (2013)
1 and 2
2 and 3
2 and 4
3 and 4
From which of the following does common law originate
The law of equity
Local law making
The parliament
The constitution
In the context of the development of the law of equity, which one of the following statements is false?
The law of equity was developed to prevent powerful defendants using their resources to pervert the court of justice
The law of equity was developed as judges common law decisions were simply ignored
The law of equity was introduced to provide a remedy where damages are ineffective
The law of equity was introduced into Ireland by the Normans following their conquest in 1066
Which one of the following statements are true?
Where there is a conflict between common law and equity, statute law applies
Where there is a conflict between common law and equity, constitutional law applies
Where there is a conflict between common law and equity, common law prevails
Where there is a conflict between common law and equity, equity prevails
Which one of the following terms relates to a type of binding precedent that must be followed?
Authoritative precedent
Declaratory precedent
Influential precedent
Persuasive precedent
A judge dealing with the law regarding the liability of a solicitor to a beneficiary of a Will, decides not to apply a precedent regarding the liability of a solicitor to a beneficiary of a Trust, as he considers that the cases are so sufficiently different that the precedent does not automatically apply. This is an example of which of the following?
Reserving the precedent
Reversing the precedent
Distinguishing the precedent
Overturning the precedent
Which one of the following creates a binding precedent that must be followed by all other Courts?
An obiter statement of the Supreme Court
An obiter statement of the high court
A ratio decidendi statement of the Supreme Court
A ratio decidendi statement of the high court
The Supreme Court is dealing with a case regarding insider trading that has been appealed from he High Court, wherein the appellant is challenging the High Courts interpretation of the words "precise information that a reasonable investor would use as part of their investment decision". The Supreme Court believes that the High Court's interpretation of the law is incorrect and has decided not to allow the precedent. This is an example of which of the following?
Distinguishing the precedent
Overturning the precedent
Reversing the precedent
Reserving the precedent
The Supreme Court created a precedent in 1998 regarding the meaning of the term "reasonable suspicion" for the purpose of law on money laundering. However, a recent hearing of the Supreme Court decided that this meaning was too broad, and they have changed the precedent by narrowing the definition of the term. This is an example of which of the following?
Reserving the precedent
Reversing the precedent
Overturning the precedent
Distinguishing the precedent
In relation to the law regarding precedent, which one of the following is not an interpretation of the rule of stare decisis
The decision of a higher court stands over and binds the decision of a lower court
Courts must adhere to the principles established in earlier cases
A previous judgement can justify a decision in a case involving a smilier set of facts
Every statement made by the judge in their ruling creates a binding precedent in relation to that area of law.
Which of the following is not a prerequisite to the application of the law of precedent
A hierarchical court structure
Separation of powers within the state
A proper system of judicial reporting
Acceptance by the legal community
Which of the following is not a rule of precedent
A decision made per incuriam has binding authority
Decisions of higher courts bind the decisions of lower courts
Decisions of foreign courts are not binding but can be persuasive authority
The Supreme Court is not bound by its own decisions
Which one of the following is not an advantage of the doctrine precedent
It constrains judicial decisions
Consistency of decision making
Fairness of decision making
It provides legal clarity, by eliminating objectivity and bias
Which one of the following organs of state, established by the Irish constitution, is responsible for the interpretation and application of Irish law
The executive
The judicial
The legislative
The president
The doctrine of separation of powers is enshrined in the Irish constitution and the parialment (Oireachtas) has been given legislative powers under the constitution. Which one of the following organs of state does not form part of the composition of the Irish Parliament
Dail eireann
Seanad eireann
The cabinet
The president
Which one of the following statements regarding constitutional rights is true
Constitutional rights are absolute and cannot be limited
All constitutional rights are directly stated in the Irish constitution
Constitutional rights only apply to Irish citizens
Any unlawful encroachment upon a persons constitutional rights is actionable before the courts
Which one of the following is the final appellate court to hear a case regarding an alleged breach of a persons right to fair procedures
The high court
The court of appeal
The European court of human rights
The Supreme Court
In relation to the European court and conventions of human rights, which of the following statements is false
Cases can only be brought to this court on appeal from the Supreme Court
Decisions of the court were not directly binding in Ireland until the enactment of the European convention of human rights act 2003
National courts have the authority to declare Irish legislation invalid if it contravenes the convention
A declaration of incompatibly with the European convention on human rights by the court may result in an ex-gratia payment of compensation to a party to the proceeding
Which two of the following statements are correct? 1) where there is a conflict between Irish law and eu law, eu law prevails. 2) where there is a conflict between Irish law and eu law, Irish law prevails. 3)the European convention of human rights is subordinate to Irish law. 4) Irish law is subordinate to the European convention of human rights
1 and 3
1 and 4
2 and 3
2 and 4
Which one of the following is classified as the primary source of European Union law
European regulations
European directives
The European treaties
Decisions of the European court of justice
A piece of Eu legislation that has general application, is binding in its entirety and is directly applicable in the member states is known as which of the following
A recommendation of the European commission
An opinion of the European commission
An EU directive
An EU regulation
A piece of EU legislation that is binding as to the result to be achieved and that the member states must adopt by their own method of implementation is known as which of the following
An EU directive
AN EU regulation
A reccomendation of the European commission
An opinion of the European commission
Which one of the following EU institutions represents EU'S citizens and is directly elected by them
The European commission
The European parliament
The council of the European Union
The European court of justice
Which one of the following EU institutions is responsible for drafting proposals for new European laws, as well as managing the day to day business of implementing EU policies and spending Eu funds
The council of the European Union
The European commission
The European parliament
The European court of justice
Which one of the following sources of EU law is merely persuasive and not binding
A decision
A recommendation
A regulation
A directive
Which two of the following are not examples of primary legislation. 1) the health insurance (amendment) act 2018. 2) The companies act 2014. The companies (statutory audit) act 2018 (commencement) order 2018. 4)The safety health and welfare at work (general application)(amendment) regulations 2012
1and 2
2 and 3
3 and 4
1 and 4
Which on of the following is not an example of delegated legislation
The companies act 2014 (forms) regulations 2018
The road traffic act 2002 (commencement of certain provisions) (penalty points) order 2012
The withdrawal of the untied kingdom from the European Union (consequential provisions) bill 2019
Dublin City council (prohibition of intoxicating liquor on the roads and in public places) bye laws 2018
Which one of the following statements is false in relation to delegated legislation
Defeated laws are made by the delegated authority under powers bestowed upon them by primary legislation
Delegated laws are absolute and not open to challenge
Delegated laws are limited, in that they can only give effect to the principles and policies of the primary legislation
Delegated authority must be exercised in a manner that is reasonable, just and fair
Which one is a disadvantage of delegated legislation
It can respond on an ad hoc basis on problems or issues that arise
The oireachtas does not have sufficient expertise to enact highly specialised and technical problems
Delegated legislation facilitates changes in the law without having to undergo the debating process of the oireachtas
Government ministers and civil servants can enact delegated legislation
Which one of the following is/are empowered to create delegated legislation. 1) professional bodies such as chartered accountants. 2) government ministers such as the minister for health. 3) specialist bodies such as trinity college. 4) local authorities such as limerick county council.
1 only
1 and 2
1, 2 and 3
All of them
Which one fo the following is an example of a type of delegated legislation that involves single exercise of delegated power that is administrative in nature?
A ministerial regulation
A ministerial oder
A bye law
A scheme
Which two of the fowling statements are true. 1) all delegated legislation must be published. 2) delegated legislation may bee challenged on the basis that the delegated body has exceeded their authority and acted ultra vires. 3) dlegetead legislation can never be used to change, amend or repeal the law. 4) schemes are a form of delegated legislation that elaborate or explain matters contained in the ordinary legislation
1 and 2
1 and 3
2 and 3
2 and 4
IN the context of delegated legislation, which one of the following statements are false?
The orieachtas will not delegate the power to raise the taxes to a government minister
The oireachtas will not delegate power that will undermine the jurisdiction of the courts
The oireachtas will not delegate power that facilitates the imposition of sanctions (such as a fine) for breach of that legislation
The oireachtas will not delegate the power that encroaches upon a persons liberty or constitutional rights
Andrew was recently sued for nuisance, a he blocked a bridge for almost an hour when he as moving his llamas from one area of his priority to a pen almost three km away, in preparation for there sale in the market. He has been informed that his actions are in contravention of the (fictitious) liability for farm animals act 1975, which requires that the transportation of farm animals in excess of a distance of over 1.5 km must be undertaken by vehicle and not by person. If the court decides that Andrew has not breached this act, as llamas are not fair animals, this is an example of which method of statutory interpretation
Literal rule
Golden rule
Mischief rule
Purposive rule
Regarding statutory interpretation, which one of the following stamens is false?
Statutory interpretation facilitates interpreting words in context
Statutory interpretation is necessary where the words of the statue are ambiguous or uncertain
The rules of statutory interpretation (literal, golden and mischief rules) have themselves been created by statue
Statutory interpretation cannot result in a law or legal provision being interpreted to have retrospective effect
Mike was a victim of a workplace accident six months ago, which left him with a scar on his right arm and a constant pain in his shoulder. He has decided to bring a civil law action against his employer for his personal injuries, ad he is suing for €68,000 in compensation. Which of the following courts has jurisdiction to hear mike's claim
The circuit court
The district court
The high court
The Supreme Court
Amanda's sole heading business recently closed with dents in excess of 1.2 m, for which Amanda is personally liable. As Amanda know that her assets are only wort a maximum of €600,000 and she is currently unemnployed , she feels that she has no choice but to declare herself personally bankrupt. Which one of the following courts has jurisdiction to hear an application for bankruptcy.
The high court
The supreme court
The district court
The circuit Court
Some months ago, mark hired a builder to lay a patio and build a pizza oven in his garden. They had agreed a contract price of 12000 and mark paid the builder a deposit of 4000. Three days after the builder commenced the work he told mark that he had another job that would take two days to finish and after that he would return and complete marks patio. However, the build has not returned to compete this work in the past 8 weeks, despite numerous distressed calls from mark. Mark has now found another wiling builder willing to complete the work for 10000 and is planning on suit the first builder for break of contract. Which one of the following courts has jurisdiction to hear this breach of contact claim?
The circuit court
The high court
The Supreme Court
The district court
Jennifer and Ben have been separated for the past 10 years. Their separation was quite amicable and they have remained on friendly terms with each other in order to create a secure and stable environment for their three children. Jennifer recently informed Ben that she had become engaged to her partner of two years, and that as such she needed a divorce from `ben. Ben is happy to agree to this divorce, as he is also in a new relationship and because there are no property, maintenance or custody arrangements between them that have not already been agreed. Which one of the following courts has the jurisdiction to hear this application for a non contested divorce
The circuit court
The high court
The district court
The Supreme Court
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