FE1 Exam Thread (Mod Warning: NO ADS)

wez99950

For some reason - CANNOT focus today! So i'm on a cutting down mission.

For Rescission - i'm just doing Undue Influence. I'm leaving out misrep and mistake. Silly?

For Complete Constitution - Have only looked at DMC and Strong v bird. Would i need to cover the rest of that chapter?

I'm also thinking of leaving out Specif Performance and Estoppel!? Crazy!?!? I just saw that they both came up last year.

So What I'm essentially covering is: Injunction (Mareva APO & quia timet), 3 certainties, Formal Requirements, Resulting, Secret, Cy-Pres, Charitable, Maxims, Recitification, DMC, Strong v Bird and Undue Influence

Honest opinion - would people think i'd be covered with that?

Hogzy

RebelScorned wrote: »

As for sounds of a quick pint before constitutional- i would actually be worried i would get carried away trying to numb the impending dread and doom! I too am staying in a superior queensize bedded room in Ibis, I'll prob get lost in the bed, heading up tomorrow because i dont feel like making the pilgrimage from Cork on Wednesday esp when i have exams Thurs and Fri- I am hoping to swallow the information and just praying it will come out in some form on paper during exams!

Can i just ask- because i am only an innocent fe1 first timer, does anybody else have the fear of god in them that they won't be able to answer five questions or that they might even fail an exam? I have never failed an exam before. Like everybody on this forum presumably- if I get asked what I have prepared I will be fine but if that doesn't come up I'll be fooked! all I want is 50 on the button a pop and I will be delirah! If i don't get 3/4 this time around I will be doing all 8 next October (which means exams on my birthday boo-hiss) because I am due to start my traineeship in Dublin next May.

I think law degrees are the most useless creation ever. I should have studied zoology and then attempted FE1s!

Dont worry, we have all been there. The first sitting is always the worst. Once you do your first exam you will feel a huge weight off your shoulders (even if you didnt do a great exam). I never fully kick into exam mode until i have the first exam out of the way.

itsmol

Does anyone know if there is a clock in the venue?? rang the hotel and they didnt seem to know, they rang the law soc n as usual they were unhelpful as they didnt answer....havnt got a watch and have already come up to dublin from cork n only ever use my phone for time...

RebelScorned

wez99950 wrote: »

For some reason - CANNOT focus today! So i'm on a cutting down mission.

For Rescission - i'm just doing Undue Influence. I'm leaving out misrep and mistake. Silly?

For Complete Constitution - Have only looked at DMC and Strong v bird. Would i need to cover the rest of that chapter?

I'm also thinking of leaving out Specif Performance and Estoppel!? Crazy!?!? I just saw that they both came up last year.

So What I'm essentially covering is: Injunction (Mareva APO & quia timet), 3 certainties, Formal Requirements, Resulting, Secret, Cy-Pres, Charitable, Maxims, Recitification, DMC, Strong v Bird and Undue Influence

Honest opinion - would people think i'd be covered with that?

I know what you mean about cutting down with equity. It's all a gamble and it is absolutely headwreck trying to choose.

I am leaving out injunctions altogether- I wrote out my bulletpoint lists etc but I cannot justify the amount of learning for them, I can't explain it but I don't really feel them and when I am not feeling it, I'd rather not put myself through it. I just can't help thinking about how incredibly pissed off I would have been last September had i spent ages looking over Mareva, APO and Quia Timet to be asked such a little topic.

I am not looking at rectification or undue influence because they have appeared in the last four exam sittings in a row but I have covered both specific performance and estoppel- even though both came up last Sept, they make regular appearances, have come up twice in a row before and neither appeared in March 2010 papers.

I am also doing 4 Maxims, Formal Requirements and Three Certainties, Secret Trusts, automatic resulting trusts (joint deposit a/cs appeared in last 2 sittings) and Quistclose/Presumption of Advancement in case they come up in three parter Q, Charitable trusts and Cy-pres doctrine, Purpose Trusts, Strong v Bird, Donatio Mortis Causa and Doctrine of Satisfaction and Trustees Duties.

My dream paper- estoppel, specific performance defences, secret trusts, auto res trust and presumption of advancement, charitable/cypres. Come on St. Joseph of Cupertino, work your magic ;-)

Hogzy

itsmol wrote: »

Does anyone know if there is a clock in the venue?? rang the hotel and they didnt seem to know, they rang the law soc n as usual they were unhelpful as they didnt answer....havnt got a watch and have already come up to dublin from cork n only ever use my phone for time...

There have always been clocks in Cork and Dublin. I dont see any reason why they wouldnt now. I would be shocked if they didnt.
Surely any half decent electrical store will have a watch you could buy for a tenner

pink101

frustratedTC wrote: »

I think for tort the most likely are:

Defamation
Trespass to person
Product liability
Nervous shock
Vicarious liability/employers

you have just named my dream paper no motivation today I might as well be working as I just am unable to do anything.

pink101

glengirlie wrote: »

Can anyone tell me what the issues are in question 4 of the Autumn 10 Constitutional paper please?

Cheers

From GCD sample answer

Role of the Judiciary Kavanagh -v- Government of ireland
The Executive Kavanagh -v- Government and Horan -v- An Taoiseach, Crotty -v- An Taoiseach and People DPP -v- Finn
The Legislature Ryan -v- AG, Woods -v- AG, Cahill -v- Sutton and Maher -v- AG
Rights of the Individual and SOP ie. Norris, LvL, FvC O'Reilly -v- Lmk Corp, Sinott v Min for Ed

frustratedTC

I'm doing 4 subjects and equity is by far my weakest, so im covering
Interloctory, mareva, apo
secret trusts
3 certainties
rectification, dmc, strong v. bird
maxims
charitable trusts
cy pres
purpose trusts
trusteeship
estoppel
undue influence
specific performance

.....have i cut it down to a silly amount?

steph86

frustratedTC wrote: »

I think for tort the most likely are:

Defamation
Trespass to person
Product liability
Nervous shock
Vicarious liability/employers

yeh i think that as well, maybe nuisance if trespass to the person doesnt come up. that would just be a nice paper then.

I completly forgot a watch too. surely they will have clocks in the room if not ill be continually asking what time it is!

At the ibis hotel which is literally a 5 mins from luas line. my m8 is staying in the red cow and took her 5 mins so we'll have ten mins walk in the morning.

chopser

frustratedTC wrote: »

I'm doing 4 subjects and equity is by far my weakest, so im covering
Interloctory, mareva, apo
secret trusts
3 certainties
rectification, dmc, strong v. bird
maxims
charitable trusts
cy pres
purpose trusts
trusteeship
estoppel
undue influence
specific performance

.....have i cut it down to a silly amount?

I think you should be fine with that, Its the same as I'm studying too although i am doing resulting trusts and persumption of advancement.

itsmol

Hogzy wrote: »

There have always been clocks in Cork and Dublin. I dont see any reason why they wouldnt now. I would be shocked if they didnt.
Surely any half decent electrical store will have a watch you could buy for a tenner

im already marooned in the green isle at new lands cross with no car so nowhere bear any electrical shop im sure, checked petrol station yday too n they didnt have anything close. heres hoping theyll have one, i asked the red cow receptionist n she said shed make sure for me, lets hope shes as nice as she sounds!!!

Best of luck to everyone tomoro, cant wait to get over this TORTure!...oh no i didnt...u can tell im starved for human contact!:o

JCJCJC

itsmol wrote: »

im already marooned in the green isle at new lands cross with no car so nowhere bear any electrical shop im sure, checked petrol station yday too n they didnt have anything close. heres hoping theyll have one, i asked the red cow receptionist n she said shed make sure for me, lets hope shes as nice as she sounds!!!

Best of luck to everyone tomoro, cant wait to get over this TORTure!...oh no i didnt...u can tell im starved for human contact!:o

Relax about the clock. The invigilators will give a time-check every so often. There is bound to be a clock on the wall, there always is in an exam hall. If you are really. really up the walls about time, why not ask whichever invigilator who is walking your aisle what the time is every so often. Best of luck, it does sound like you're going through cold turkey today, hang in there ;-)

Johnny789

Hey,
Does anybody know if it is permitted to write the number of the articles on the tabs that you use to highlight the legislation for the company exam?I'm sure I heard that you can't write any words on them but am unsure about the numbers of the articles.

Also, is anyone using the Bastow Charleton 2001 Acts?I was wondering is there any legislation used in part 2 that we need?I haven't really used it.

Cheers.

Hogzy

Johnny789 wrote: »

Hey,
Does anybody know if it is permitted to write the number of the articles on the tabs that you use to highlight the legislation for the company exam?I'm sure I heard that you can't write any words on them but am unsure about the numbers of the articles.
.

God NO!!!!!
They will be ripped out guaranteed!!!
You can only highlight and tab. You cannot write ANYTHING.

Johnny789

Hogzy wrote: »

God NO!!!!!
They will be ripped out guaranteed!!!
You can only highlight and tab. You cannot write ANYTHING.

Cheers,I'll just scribble them on when i get in!

dinobeano

JC you're doing constitutional yea?

What do u reckon of a question appearing friday on the Oireachtas?-Internal workings of, Privilege, Constituency / Voting etc .You covering it.?..because its topical?

I think there could be a tribunal type problem q though(mixed with fair proc)- hasn't been examined since 2006 as far as I can see.would be nice q.

Big non-justiciable essay perhaps?

Then again, there may not be ONE q on SOP....seeing as it was so prominent in the last paper.

JCJCJC

dinobeano wrote: »

JC you're doing constitutional yea?

What do u reckon of a question appearing friday on the Oireachtas?-Internal workings of, Privilege, Constituency / Voting etc .You covering it.?..because its topical?

I think there could be a tribunal type problem q though(mixed with fair proc)- hasn't been examined since 2006 as far as I can see.would be nice q.

Big non-justiciable essay perhaps?

Then again, there may not be ONE q on SOP....seeing as it was so prominent in the last paper.

I think the justiciability of the Oireachtas's internal workings is hot because of Callely's case and Pierse Doherty's case. I was at Eoin Carolan's lecture in UCD on the top twenty cases of 2010 and Dohety's case was one of them.

The Hygiea case from 2010 was another and it concerned fair procedures...

It's anybody's guess at this stage, but EC described 2010 as a 'bumper year' for constitutional law because there were so many cases in the HC and SC, so be aware of the recent stuff I would suggest.

There were two 2010 cases on Gaeilge, so if you're covering constitutional interpretation and the English/Irish issue, be aware of those two.

I didn't like to put my hand up and ask him 'is any of this sh*t at all relevant to the FE1s, the boardies will want to know?' ;-)

dinobeano

cheers JC, the very best of luck with it, and to everyone sitting exams this week and next.

coco13

BEST OF LUCK TO EVERYONE THIS WEEK GUYS! Fingers crossed for fair papers and a little bit of luck thrown in for good measure!

JCJCJC

Agree on the luck to all concerned - if you're on early in the week keep us posted on how it's going..

steph86

JCJCJC wrote: »

Agree on the luck to all concerned - if you're on early in the week keep us posted on how it's going..

Yeh best of luck everyone. Nearly at the finish line.
I've tort tomoro so i shall let yas no what the paper was like etc.

CFOLEY85

Guys , Occupiers liabilty, re: Visitors. Along with a duty of care under s3, are they also owed a duty under s4 , not to act with reckless disregard ??

Freeeakin ooooout:eek:

frustratedTC

a visitor is defined in s1 of the act as some who has consent or permission to be on the property.
S1(1) defines a visitor as
a. such person who has permission or invitation to be on property from occupier
b. such person who is present by virtue of contractual provision
c. member of the occupiers family
d. person invited on property by a member of occupiers family
e. such person present for social purposes connected with the occupier or his family

s3. sets out that duty owed by occupier to visitor is to act with reasonable care in respect of dangers on the property

S4 provides that occupiers owe a duty to trespassers and recreational users not to intentionally injure such persons or the property of such person, or not to act with reckless disregard of such persons or their property

JoannN

CFOLEY85 wrote: »

Guys , Occupiers liabilty, re: Visitors. Along with a duty of care under s3, are they also owed a duty under s4 , not to act with reckless disregard ??

Freeeakin ooooout:eek:

So, visitors are owed a duty to act with reasonable care in all circumstances, which would necessarily mean that an occupier cannot act with reckless disregard towards them as this would be significantly lower than a duty of reasonable care.

Reckless disregard is a significantly lower standard of care - have a look at some of the case law in order to get a clearer view of the decreased SoC e.g. Weir-Rodgers v. SF Trust Fund.

Hope that helps!

Don't worry - keep calm; it will all be over VERY soon

CFOLEY85

JoannN wrote: »

So, visitors are owed a duty to act with reasonable care in all circumstances, which would necessarily mean that an occupier cannot act with reckless disregard towards them as this would be significantly lower than a duty of reasonable care.

Reckless disregard is a significantly lower standard of care - have a look at some of the case law in order to get a clearer view of the decreased SoC e.g. Weir-Rodgers v. SF Trust Fund.

Hope that helps!

Don't worry - keep calm; it will all be over VERY soon

Thanks Tc and Joann. Just doubting myself now...aaahh really not liking Tort at all. Is it 12:30pm yet:)

Best of luck to everyone tomor and with everyone sitting exams over the next 2 weeks. Fingers, toes and eyes crossed.:)

bob_lob_law

Best of luck everyone for tort tomorrow, hopefully it will be a good one!

_JOE_

Best of luck tomorrow everyone! Remember, all the hard work is done...relax and answer what's asked of you...have a clear structure in your head before you start each question...you don't need to spend 30 minutes jotting a plan out...

itsmol

What are peoples feelings on tort? I found the questions quite sticky tbh. No defamation!!! I did nuisance, passing off, vicarious liability, products liablility, and trespass. not sure that i did them very well as i blanked on most of my case law! remembered case law tho so hopefully that was enough to carry me through! Any ideas on how to keep cases from flying out of ur head??!!!

frustratedTC

Couldn't have gone worse,i answered VL on nervous shock and my product q was an utter disaster

bob_lob_law

I did the res ipsa and passing off essays, the general negligence problem, product liability and nuisance. I got myself in a bit of a twist in the general neg one, starting going on about the light - I think I was completely off the mark.

I also threw negligent misstatement in the PL question, along with general negligence - did anyone else do that? For the nuisance question, the first part was Rylands, but I just mentioned it as I didn't know anything else about it, then dealt with the rest as per nuisance.

I was happy with the two essays but the problems were a bit iffy, and wtf was the story with no defamation - there isn't enough profanity out there to do that injustice justice!