Legal Knowledge and Substantive Law
Legal Knowledge and Substantive Law
This domain tests the substantive law a barrister must bring to a brief: constitutional law, criminal law, contract, tort, property and equity, company law, evidence and EU law. The exam favours issue-spotting and the application of doctrine to short scenarios rather than essay memorisation.
Core areas
- Constitutional law. Presumption of constitutionality, proportionality, Article 34 courts, Article 38 trial rights, Article 40 liberty.
- Criminal law. Actus reus and mens rea; offences under the Non-Fatal Offences Against the Person Act 1997 and the Criminal Justice (Theft and Fraud Offences) Act 2001; defences; proof beyond reasonable doubt.
- Contract. Offer, acceptance, consideration, intention, terms, misrepresentation, breach and remedies; Sale of Goods Act 1893.
- Tort. Negligence (duty, breach, causation, remoteness), occupiers' liability, defamation and vicarious liability.
- Property and equity. Land and Conveyancing Law Reform Act 2009; trusts, fiduciary duties and equitable remedies.
- Evidence. Relevance, hearsay exceptions, burden and standard, expert opinion and privilege.
Worked example
A shop customer slips on a spill. The occupier owes a duty under the Occupiers' Liability Act 1995. The plaintiff must show breach-an unreasonable failure to inspect or clean-and causation of injury. The defendant may argue contributory negligence or that the spill was not reasonably foreseeable. The court applies the civil standard: balance of probabilities.
Traps
- Mixing the criminal standard (beyond reasonable doubt) with the civil standard.
- Citing English authority without checking Irish statute or case law.
- Ignoring a constitutional or EU dimension.
- Naming an offence without identifying its mens rea.