LA4005 1
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Questions and Answers

What was the primary argument of the plaintiffs in Bloomer and Ors v. Incorporated Law Society of Ireland regarding the exemption policy?

  • It was ambiguous in its application across different states.
  • It directly discriminated against all graduates.
  • It favored graduates from ROI over those from the UK.
  • It indirectly discriminated against graduates from Northern Ireland. (correct)

    • Which article did the High Court find was violated in the case of Bloomer and Ors?

  • Article 4 of the EC Treaty
  • Article 5 of the EC Treaty
  • Article 3 of the EC Treaty
  • Article 6 of the EC Treaty (correct)

    • In Abrahamson & Ors v. Law Society of Ireland, what did students claim concerning the exam exemptions?

  • They accepted the changes without contest.
  • They expected the Law Society to maintain exam standards.
  • They claimed a legitimate expectation based on previous regulations. (correct)
  • They refuted the necessity for any examination.

    • What do PPCI and PPCII stand for in the current procedure for entry as a solicitor?

    <p>Professional Practice Course I and II</p> Signup and view all the answers

    Which of the following subjects is NOT part of the FE-1 core subjects?

    <p>Environmental Law</p> Signup and view all the answers

    What is one key function that solicitors handle outside of contentious work?

    <p>Drafting wills and contracts</p> Signup and view all the answers

    What does FE-2 refer to in the context of examination for solicitors?

    <p>Final Exam Part 2</p> Signup and view all the answers

    What type of work does the term 'contentious' refer to when dealing with solicitors?

    <p>Managing disagreements between parties</p> Signup and view all the answers

    What was the outcome of Fitzsimons v Value Homes Ltd regarding the performance of the contract?

    <p>The court granted specific performance.</p> Signup and view all the answers

    What is a required condition for variations to a contract to be valid?

    <p>They must be supported by valid consideration.</p> Signup and view all the answers

    In the context of past consideration, when is it considered valid for enforcing a new promise?

    <p>When the act was performed before the promise was made.</p> Signup and view all the answers

    According to Irish law, when must consideration be given for a contract to be enforceable?

    <p>At the time of the agreement.</p> Signup and view all the answers

    What is the significance of the ruling in Roscorla v Thomas in terms of promises and consideration?

    <p>Promises must be supported by new consideration made after an agreement.</p> Signup and view all the answers

    What is the essential principle for contracts to be enforceable?

    <p>There must be a mutual exchange of value.</p> Signup and view all the answers

    What benefit does Fitzsimons v Value Homes Ltd provide concerning the strict rule in Stilk v Myrick?

    <p>It allows for more equity in contract performance.</p> Signup and view all the answers

    What is meant by the term 'contemporaneous consideration'?

    <p>Consideration that occurs at the same time as the promise.</p> Signup and view all the answers

    What did Lampleigh do at Braithwaite's request?

    <p>Obtained a royal pardon</p> Signup and view all the answers

    What was the main issue in Lampleigh v Braithwaite?

    <p>The validity of past consideration</p> Signup and view all the answers

    In Pao On v Lau Yiu Long, what was the plaintiffs' primary concern?

    <p>Preventing a drop in share value</p> Signup and view all the answers

    What was the court's decision regarding the indemnity agreement in Pao On v Lau Yiu Long?

    <p>It was enforceable due to implied promise</p> Signup and view all the answers

    What did the court recognize as an implied promise in Lampleigh v Braithwaite?

    <p>A promise to pay for services rendered</p> Signup and view all the answers

    What did the court find regarding economic duress in Pao On v Lau Yiu Long?

    <p>There was no economic duress identified</p> Signup and view all the answers

    How did the court view the request and subsequent promise in Lampleigh v Braithwaite?

    <p>As part of a single transaction</p> Signup and view all the answers

    What common understanding formed the basis of the enforceability of the indemnity agreement?

    <p>An understanding of future payment upon request</p> Signup and view all the answers

    What does an invitation to treat signify in the negotiation process?

    <p>It is an invitation for others to make offers.</p> Signup and view all the answers

    In the context of the Pharmaceutical Society v. Boots Cash Chemists case, what does the display of goods in a store represent?

    <p>An invitation to treat.</p> Signup and view all the answers

    Which of the following actions can lead to the termination of an offer?

    <p>A counter offer being made.</p> Signup and view all the answers

    What is a key characteristic of a revocation of an offer?

    <p>It must be communicated to the offeree.</p> Signup and view all the answers

    In auction scenarios, what is true about announcing an auction?

    <p>It creates an invitation for bids.</p> Signup and view all the answers

    In the context of offers, what does a counter offer signify?

    <p>A rejection of the original offer.</p> Signup and view all the answers

    What does the 'reasonable man' test evaluate in legal terms?

    <p>Negligence based on standard actions.</p> Signup and view all the answers

    Which of the following is NOT a method of terminating an offer?

    <p>Assumption of acceptance.</p> Signup and view all the answers

    What must individuals do to provide valid consideration beyond what is expected of them?

    <p>Go above and beyond their pre-existing duties</p> Signup and view all the answers

    Under Section 30 of the Garda Síochána Act 2005, what can the Garda Commissioner do?

    <p>Charge for police services at any event</p> Signup and view all the answers

    In the Stilk v Myrick case, what was the main issue regarding the promise of extra payment?

    <p>If it was enforceable given existing obligations</p> Signup and view all the answers

    What did the court ultimately decide regarding the promise of extra wages in Stilk v Myrick?

    <p>It was not enforceable due to lack of new consideration</p> Signup and view all the answers

    In the Kenny v An Post case, what was significant about the 15-minute break?

    <p>It was established as a contractual term</p> Signup and view all the answers

    What was the outcome regarding the authority of the superintendent in the Kenny v An Post case?

    <p>The superintendent lacked authority to change contract terms</p> Signup and view all the answers

    What is the significance of performing existing contractual duties, as illustrated in the Stilk v Myrick case?

    <p>It does not support claims for additional payment</p> Signup and view all the answers

    What was the legal classification of the 15-minute break in the Kenny v An Post case?

    <p>An established work practice</p> Signup and view all the answers

    What is presumed to be absent in family agreements regarding the intention to create legal relations?

    <p>Intention to create legal relations</p> Signup and view all the answers

    In the case of Balfour v Balfour, why was the husband's promise deemed not legally enforceable?

    <p>It was a domestic arrangement without intention to create legal relations</p> Signup and view all the answers

    Which principle was established by the Balfour v Balfour case?

    <p>Spouses living together do not intend to create legal relations</p> Signup and view all the answers

    What is the common law stance on the regulation of agreements between spouses?

    <p>Common law does not regulate the form of agreements</p> Signup and view all the answers

    What factor has traditionally been valued less in courts regarding spousal agreements?

    <p>Natural affection</p> Signup and view all the answers

    How can the presumption against intention to create legal relations be overturned?

    <p>If the relationship is more business-like</p> Signup and view all the answers

    What recent development has been recognized regarding intention to create legal relations in spousal agreements?

    <p>Increased recognition of ICLR especially during separation</p> Signup and view all the answers

    What determines the enforceability of agreements in close personal relationships?

    <p>The presumption against ICLR</p> Signup and view all the answers

    Study Notes

    Main Personnel of the Law

    • Main 2 legal professions in the UK are solicitors and barristers
    • Other countries have different names for these professions (e.g., lawyers, solicitors)
    • Number of solicitors practicing has increased significantly from 1900 to 2017
    • Number of barristers increased from 217 in 168 to 2300 in 2017

    Specialist Lawyers

    • Barristers specialize in advocacy, court presentations, and advising clients in court
    • Solicitors specialize in client relations, preparing cases, and drafting legal documents
    • Solicitors and barristers are regulated by different bodies, the Law Society of Ireland being the representative body for solicitors.

    Regulation of Solicitors

    • Solicitors' conduct regulated by the Solicitors Acts 1954-2015
    • Solicitors undergo a period of study and apprenticeship
    • Entry exams and training requirements are standardized
    • Exemptions available for ROI graduates, challenged by law students in Bloomer & Ors v. Incorporated Law Society of Ireland [1995] IR 403

    Bloomer and Ors v. Incorporated Law Society of Ireland [1995] IR 403

    • Case background: Law students from Queens University Belfast challenged exemption policy for ROI graduates
    • Key issues: Allegations of indirect discrimination based on nationality and proportionality of examination requirements
    • Court decision: High Court ruled in favor of plaintiffs, finding regulatory violations of Article 6, EC, leading to a removal of exemptions

    Abrahamson & Ors v Law Society of Ireland ([1996] 1 IR 403)

    • Students challenged the removal of exam exemptions citing a legitimate expectation based on previous regulations
    • High Court ruled in the students' favour, upholding their legitimate expectation.

    Solicitor Roadmap, Eligibility, and Training

    • Solicitors' entry procedure involves several steps, including exams (FE-1, PPC1, PPC2) and apprenticeships.
    • There is now an entrance exam known as PPC1, followed by PPC2 exams and a period of training to become a solicitor
    • Prior to training eligibility requirements included a university degree.

    Solicitors' Work

    • Includes contentious and non-contentious work (e.g., conveyancing, commercial matters)
    • Solicitors work in different areas including companies, property, wills, contracts, disputes, and litigation

    Disciplinary Matters

    • Solicitors are subject to regulations by the Law Society
    • Misconduct is investigated by the relevant disciplinary tribunal
    • Serious misconduct could lead to the solicitor's being suspended or removed from the register.

    Advertising

    • Solicitors regulation restricts advertising
    • Restrictions apply to avoid misleading the public, or violating rules.

    Court Jurisdiction

    • Jurisdiction is defined by geographical location, monetary limits, and types of disputes.
    • Different courts (High Court, Circuit Court, etc.) have specific jurisdiction.

    Court System in Ireland

    • Courts are categorized in regards to their specific jurisdiction.
    • Court of first instances, intermediate, and supreme courts are defined.

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    Description

    This quiz covers the primary legal professions in the UK, focusing on solicitors and barristers. It explores their roles, regulation, and the historical growth of these professions over time. Learn about the differences in practices and training required for solicitors and barristers.

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