Apr 2024 ADMIN LAW Flashcards
1 Administrative law is restricted to the law regarding:
A Relations between individuals and state authorities, administrative bodies or tribunals
B Actions of any servant of government with legal justification
C Procedural, not substantive administrative issues
D All of the above.
D All of the above.
The public element is assessed with regard to:
A The source of the power being invoked B The nature of the power being invoked C Both of the above D Neither of the above
C Both of the above
3 In Beirne v. Commissioner of An Garda Siochána, a private contract was:
A Subject to judicial review B Not subject to JR as was a private issue not of public concern C Not subject to JR as Gardai have power to enter into private contracts D Not subject to JR as employment contracts are strictly private law
A Subject to judicial review
4 In Geoghegan v. Institute of Chartered Accountants in Ireland, Denham J laid out criteria, which were later adapted by Shanley J in Eoghan v. UCD, for assessing if a matter should be subject to JR. These included:
i Whether powers are pursuant to statute ii Whether powers depend on legislative/governmental approval iii Whether matter is of particular and immediate public concern A i + iii B ii + iii C i + ii D i, ii + iii
D i, ii + iii
5 According to State (Crothers) v. Kelly, where a decision would have been the same regardless that there was a breach of fair procedures, it will:
A Stand as the costs and time wasted would make a JR unjustifiable B Stand as the JR would not change the decision C Be quashed as the Court is not concerned with changing decision, just with upholding principles D Be quashed as fair procedures are of paramount consideration
D Be quashed as fair procedures are of paramount consideration
6 The Supreme Court required that ‘a person be furnished with a copy of the evidence reflecting on his good name, be allowed to cross-examine, be allowed to give rebuttal evidence, and be permitted to address his accusers in his own defence’ in the case of
A Flanagan v. UCD [1988] IR 724 B Eoghan v. UCD [1996] 1 IR 390 C Re Haughey [1971] IR 217 D State (Crothers) v. Kelly 1978 ILRM 167
C Re Haughey [1971] IR 217
7 The following will have a bearing on whether or not there needs to be a broad range of procedural safeguards in place for decision-makers:
A Whether a person’s good name is impugned B Whether their livelihood or property rights are endangered C Neither of the above D Both of the above
D Both of the above
8 The minimum requirements of a decision are:
A Opportunity to have representation B Opportunity to challenge the evidence by cross-examination C Opportunity to address the decision makers, and to present a rebuttal D Opportunity to receive notice of decision, to respond
D Opportunity to receive notice of decision, to respond
9 The right to legal representation is not absolute, except in cases of:
A A charge of plagiarism (Flanagan v. UCD) B Pupil suspension (State (Smullen) v. Duffy) C Disciplinary charge for Governor (State v. Governor of Portlaoise) D None of the above
A A charge of plagiarism (Flanagan v. UCD)
10 The obligation to give reasons for an administrative decision is absolute:
A According to State (Creedon) v. Criminal Injuries Compensation Trib B According to International Fishing Vessels v. Minister for Marine C According to neither of the above D It is not absolute according to McCormack v. Garda Complaints Board
D It is not absolute according to McCormack v. Garda Complaints Board
11 The principle of nemo iudex in causa sua, enshrined in the field of judicial review, is particularly relevant with regard to:
A The rule against bias B The scope of a judge’s jurisdiction C The scope of a judge’s ability to look behind the meaning of a statute D The doctrine of administrative unreasonableness
A The rule against bias
12 According to Orange v. Director of Telecommunication Regulation, bias is evidenced by:
A Proved, actual bias B Presumed personal bias, where a personal interest is shown to exist C Apparent bias where a reasonable person might presume a bias D All of the above
D All of the above
13 If there is a relationship with one of the parties and the decision maker:
A It is irrelevant, unless it relates specifically to the issue at hand B Then that is a prima facie ground for a JR C Then it is a matter for the decision maker to assess by themselves D It is only relevant if the relationship is objected to
D It is only relevant if the relationship is objected to
14 A prior connection of legal advisor and client is:
A Sufficient for a declaration of objective bias B Insufficient to be called bias, it must be a long, recent & varied link C Insufficient for a declaration of subjective bias D Insufficient for a declaration of objective bias
B Insufficient to be called bias, it must be a long, recent & varied link
15 Bodies exercising an administrative function:
A May not decide a matter in which they have an interest B May decide matters in which they have an interest C May decide matters, but only if they act fairly and properly D May decide matters, but only if impartial observers involved
C May decide matters, but only if they act fairly and properly
16 The existence of alternative machinery to decide an issue is:
A Important, but not critical in deciding if JR is an appropriate remedy B Critical C Of note, but not of the highest priority D Not important
A Important, but not critical in deciding if JR is an appropriate remedy
17 The course of the hearing will be affected by the conduct of the decision-maker, and such conduct will be subject to scrutiny where it ‘gives rise in the mind of an unprejudiced observer to the suspicion that justice was not being done’ according to:
A State (Hegarty) v. Winters B Flanagan v. UCD C McGrath v. Trustees of Maynooth College D O’Brien v. Bord na Mona
A State (Hegarty) v. Winters
18 Ultra vires decisions, or those made without/in excess of jurisdiction:
A Are paramount to the doctrine of administrative unreasonableness B Are subjugated to the doctrine of administrative unreasonableness C Were still capable of being upheld in State (Walshe) v. Murphy D All of the above
A Are paramount to the doctrine of administrative unreasonableness
19 The interpretation of a legal definition to a particular set of facts is:
A A matter for the decision maker & is thus a question of fact, subject to JR B Not a matter for the decision maker, is a question of law & is subject to JR C A matter for the courts, and is subject to JR D A matter for the courts, not subject to JR
B Not a matter for the decision maker, is a question of law & is subject to JR
20 In Shannon Regional Fisheries Board v. An Bord Pleanála, the High Court stated that if a decision would always be allowed to stand if it was:
A Rational, in light of the facts B Material to the facts C Reasonable, in light of the facts D All of the above
C Reasonable, in light of the facts
21 The House of Lords case of Anisminic Ltd v. Foreign Compensation Commission is authority for the proposition that:
A Errors of law not on the face of the record are subject to JR B Administrative decisions based on legal error are in excess of jurisdiction C Errors of law are made in the absence of jurisdiction D All of the above
A Errors of law not on the face of the record are subject to JR
22 The Irish Courts have adopted Anisminic in:
A Stating that only errors of law on the face of the record are subject to JR B Stating that errors of law not on the face of the record are subject to JR C Stating that errors of law are made only where there is jurisdiction to do so D They have not adopted it, preferring to assess on the basis of jurisdiction
D They have not adopted it, preferring to assess on the basis of jurisdiction
23 Errors within jurisdiction, i.e. where the body has misdirected itself as to the matters which can be taken into account when making its decision:
A Will cause a decision to be set aside B Will cause to be set aside only where error not recorded on face of record C Will cause to be set aside only when in planning and development law D Will not cause to be set aside even if not recorded on face of record
B Will cause to be set aside only where error not recorded on face of record
24 Killeen v. DPP decided that a District Court Judge was:
A Entitled to consider circumstances outside the error in the warrant in refusing to send the defendants forward for trial B Not entitled to do so C Obliged to do so D Entitled to do so only where the defendants so applied
B Not entitled to do so
25 State (Holland) v. Kennedy stated that a District Court Judge, having jurisdiction, could lose that jurisdiction by:
A Falling into unconstitutionality B Breaching principles of natural justice C Breaching the bounds of that jurisdiction statute conferred upon him D All of the above
D All of the above
26 An error of fact is one made within jurisdiction:
A But is nevertheless susceptible to JR B Is not susceptible to JR C Is susceptible to JR only in circumstances where it is unreasonable D None of the above
B Is not susceptible to JR
27 A.B. v. Minister for Justice, Equality & Law Reform is authority for the proposition that:
A An error of fact producing an error of law is nonetheless not subject to JR B An error of fact producing an error of law is a misnomer C A fundamental error of fact producing an error of law is subject to JR (“where the mistake of fact is so basic that it deprives adjudicator of jurisdiction”) D An error of fact is not a mistake of the decision-maker, & not subject to JR
C A fundamental error of fact producing an error of law is subject to JR