1 Administrative law is

restricted to the law

regarding:

A Relations between
individuals and state
authorities,
administrative bodies
1D
or tribunals
B Actions of any
servant of government
with legal justification
C Procedural, not
substantive
administrative issues
D All of the above

The public element is

assessed with regard to:

A The source of the power

being invoked 2C
B The nature of the power
being invoked
C Both of the above
D Neither of the above

3 In Beirne v. Commissioner
of An Garda Siochna, a
private contract was:

A Subject to judicial review

3A
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

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

4D
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

According to State (Crothers)

v. Kelly, where a decision
would have been the same
regardless that there was a
5 D (P wasnt
breach of fair procedures, it
afforded opportunity
will:
to make his case or
be represented at
A Stand as the costs and time
hearing)
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

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
6C
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

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: 7D

A Whether a persons good

name is impugned
B Whether their livelihood or
property rights are
endangered
C Neither of the above
D Both of the above

8 The minimum requirements

of a decision are:

A Opportunity to have
representation 8 D (person NOT
B Opportunity to challenge the entitled to legal rep.,
evidence by cross- oral hearing or
examination reasons for every
C Opportunity to address the decision)
decision makers, and to
present a rebuttal
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)
9A
B Pupil suspension (State
(Smullen) v. Duffy)
C Disciplinary charge for
Governor (State v. Governor
of Portlaoise)
D None of the above

10 The obligation to give 10 D (must be

reasons for an administrative
decision is absolute:
A According to State
(Creedon) v. Criminal Injuries
carrying out quasi-
judicial function OR
a statutory
discretion. Assess
possible detriment
Compensation Trib from the failure to
B According to International state reasons)
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