King's Inns Diploma cheat sheet
King's Inns Diploma · Keep the key ideas within reach.
Diploma in Legal Studies - Core Doctrines and Skills
Sources of Irish law: Constitution (Bunreacht na hÉireann) is supreme; legislation is invalid if repugnant to the Constitution (Article 15.4.1°); EU law has primacy within its conferred competences; common law and equity apply where not displaced by statute.
Precedent: ratio decidendi binds lower courts in the same hierarchy; obiter dicta are persuasive only. Irish courts may depart from their own prior decisions where the earlier decision was clearly wrong (Attorney General v Ryan's Car Hire principle).
Statutory interpretation: literal rule first; golden rule to avoid absurdity; mischief rule (Heydon's Case) to suppress the mischief and advance the remedy; purposive approach favoured for EU-derived and constitutional interpretation.
Criminal standard of proof: beyond reasonable doubt; civil standard: balance of probabilities. In Irish criminal trials, a majority verdict of at least 10 of 12 jurors is permitted where the jury has deliberated for a reasonable time (Criminal Justice Act 1984, s.25).
Contract formation: offer + acceptance + consideration + intention to create legal relations. Consideration must be sufficient but need not be adequate; past consideration is generally not good consideration.
Tort: negligence requires duty of care, breach, causation, and damage. The duty test is proximity, foreseeability, and policy (Glencar Explorations v Mayo County Council). Contributory negligence reduces damages under the Civil Liability Act 1961, s.34.
Land law: registration of title under the Registration of Title Act 1964; since 1 June 2011, registration of ownership is compulsory in all counties. Interests not registered may be lost to a bona fide purchaser for value without notice.
EU law: regulations are directly applicable; directives require transposition and may have direct effect against the State (vertical) but not generally against private parties (horizontal). Supremacy established in Costa v ENEL; state liability in Francovich.
Legal writing: IRAC (Issue, Rule, Application, Conclusion) structures answers; cite primary sources (legislation, case name and year) and avoid unsupported assertion.