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FE1 Exam Thread (Mod Warning: NO ADS)

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  • Registered Users Posts: 126 ✭✭Amre17


    Hello all..

    first timer here.. delighted I found the place!! Ive three exams under my belt and Im attempting company and property this March.. Im very late starting AS USUAL and wondering if anyone could suggest topics for each subject that would be the main and most important to hit on?? Or any general advice for these subjects would be hughly appreciated.. Or am i a little mad thinking ill manage them? all ive done so far is succession law in property..

    Many many thanks,

    Yours in desperation.. :(


  • Registered Users Posts: 364 ✭✭brian__foley


    legallad wrote: »
    In this years examiner report he said he will NOT penalise you for using old treaty numbers. Also he said Lisbon is examinable but will probably just form a discrete part of one question. Finally he mentioned a few areas of importance from the treaty so I would recommend reading a bit about these.

    I'm not sure that I saw precisely what you see in the report. It says:-

    " Since the examination is not intended to be a memory test, candidates who are unable to recall new Treaty numbers in the heat of the examination may refer, where relevant and applicable, for identification purposes, to the previous Treaty numbers and names."


    He continues (and this is consistent with the April 2009 Report wherein it was said that Lisbon was examinable) (and I've highlighted):


    "However, candidates will be expected to be aware of the changes introduced by the Treaty of Lisbon to the Treaty provisions under examination in any particular question and to assess the significance of those changes."


    He goes on to say that:


    "Candidates should also take note that the selected changes introduced by the Treaty of Lisbon in an area (or any number of areas) featuring on the syllabus may be the subject of a discrete question and/or subquestion on future examination papers".

    The last sentence of the exam report is (which I highlight:


    " The changes introduced by the Treaty of Lisbon to EU law with effect from the 1st December 2009 are, as regards those areas of EU law that are on the syllabus, henceforth fully examinable and candidates should be familiar with the principal relevant changes"

    I think it speaks for itself.

    In respect of your point about Lisbon occuring only in question, I think you have it quite wrong there. The report indicates that all the law which has been updated by Lisbon is examinable in its post-Lisbon form. It also says that a discrete question may occur on "Lisbon" itself and that discrete question may occur in the future. That is independent from knowing how Lisbon affects other areas of the course. The report, contrary to your previous correction of my earlier post, in fact indicates that Lisbon pervades the exam as it does the syllabus. To each their own...but I know what I'd be looking at to prepare for this exam and I'd very, very much recommend against any belief that you'll avoid Lisbon on the basis that it may arises, as you say, as "probably just form[ing] a discrete part of one question."

    Regards

    Brian


  • Registered Users Posts: 51 ✭✭Pat.Kenny


    TommyGavin wrote: »
    As far as I know unless something has changed today none of the substantive parts of the Charities Act 2009 that would affect the law on charitable trusts have been commenced yet.

    Therefore the law as set out in the various textbooks has not been altered and is still applicable.

    Oh ok, so does that mean if a question came up most of the new Act hasn't commenced so you'd really just be dealing with how charitable trusts are dealt with in the books and maybe referring to how this area will change soon once commencement orders start?


  • Closed Accounts Posts: 88 ✭✭legallad


    I'm not sure that I saw precisely what you see in the report. It says:-

    " Since the examination is not intended to be a memory test, candidates who are unable to recall new Treaty numbers in the heat of the examination may refer, where relevant and applicable, for identification purposes, to the previous Treaty numbers and names."


    He continues (and this is consistent with the April 2009 Report wherein it was said that Lisbon was examinable) (and I've highlighted):


    "However, candidates will be expected to be aware of the changes introduced by the Treaty of Lisbon to the Treaty provisions under examination in any particular question and to assess the significance of those changes."


    He goes on to say that:


    "Candidates should also take note that the selected changes introduced by the Treaty of Lisbon in an area (or any number of areas) featuring on the syllabus may be the subject of a discrete question and/or subquestion on future examination papers".

    The last sentence of the exam report is (which I highlight:


    " The changes introduced by the Treaty of Lisbon to EU law with effect from the 1st December 2009 are, as regards those areas of EU law that are on the syllabus, henceforth fully examinable and candidates should be familiar with the principal relevant changes"

    I think it speaks for itself.

    In respect of your point about Lisbon occuring only in question, I think you have it quite wrong there. The report indicates that all the law which has been updated by Lisbon is examinable in its post-Lisbon form. It also says that a discrete question may occur on "Lisbon" itself and that discrete question may occur in the future. That is independent from knowing how Lisbon affects other areas of the course. The report, contrary to your previous correction of my earlier post, in fact indicates that Lisbon pervades the exam as it does the syllabus. To each their own...but I know what I'd be looking at to prepare for this exam and I'd very, very much recommend against any belief that you'll avoid Lisbon on the basis that it may arises, as you say, as "probably just form[ing] a discrete part of one question."

    Regards

    Brian

    I know you are correct brian but what i meant is there probably wont be one direct question solely on lisbon such as for arguments sake discuss the changes brought about by the lisbon treaty, which many people seem to worried that it will. Im was not trying to correct you but more so clarify what you said but in doing so i confused matters further. Of course you must know about how lisbon effects current treaty articles, this is a given, I was more talking about the aforementioned specific question on lisbon and having to know the new treaty numbering off by heart.


  • Registered Users Posts: 77 ✭✭Amigone


    Can anyone give me some direction as to the changes in Privacy law and Freedom Speech/Defamation Law since the new respective Acts?


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  • Closed Accounts Posts: 88 ✭✭legallad


    Amigone wrote: »
    Can anyone give me some direction as to the changes in Privacy law and Freedom Speech/Defamation Law since the new respective Acts?

    http://209.85.229.132/search?q=cache:ZaB-hAwEIwQJ:www.algoodbody.ie/GetAttachment.aspx%3Fid%3Db8103e1b-1270-409c-803d-c2ad85cea77a+summary+of+new+defamation+act+2009&cd=3&hl=en&ct=clnk&gl=uk


  • Registered Users Posts: 81 ✭✭Mshellster


    Pat.Kenny wrote: »
    Oh ok, so does that mean if a question came up most of the new Act hasn't commenced so you'd really just be dealing with how charitable trusts are dealt with in the books and maybe referring to how this area will change soon once commencement orders start?

    I think that's the way you would go about it well that'd be my take on it at any rate, I'm fairly certain most of the new act hasn't commenced (not certain!) so I think it's as it stands but obviously where it's relevant make ref. to the changes coming in etc.

    On a different matter...Does anyone happen to know if it is possible to leave anything out of Contract? Trying to figure out if I can shorten it down at all it's one of those subjects that has my memory zapped from all the rules and exceptions and general technical nature of it!

    April cannot come quick enough!


  • Closed Accounts Posts: 13 BlueSkinny


    hi all out there , a couple of questions


    I am due to sit five of the FE1's in March 2010. they are Company, Constitutional, Equity , property and Criminal.

    the reason I have chosen those exams specifically is that the space of time in between those exams is quite significant and it will be easier for me to cram going up to them , I am the type of person who leaves everything to the last minute , I am very anxious as I have done little work so far. I consider myself intelligent enough and for the next four weeks I am going to study very hard but I am quite concerned about covering the essentials , I belive Criminal and Property will be a walk , am I wrong ??

    I am focusing very heavily on company and Constitutional as they are quite long courses,
    Am I too late ???

    my second question is to those who are traniees , I have an interview in a few weeks for a traineeship and I am very concerned about the type of questions they will ask etc???

    and finally can a trainee solicitor please tell me what a day in the life of a trainee is like , what does one typically do ??? and is it all worth it at the end of the day ?

    I understand this is asking quite a significant amout for a boards discussion but I have nobody else to turn to for advice .

    I would really appreciate it


    Thanks


  • Registered Users Posts: 59 ✭✭lalala85


    Hi. I have a brand new Companies Acts 1963-2006, Student version, by MacCann and Thomas Courtney. I never used it. so i'd be willing to sell it for 60 euro which would also include postal costs. let me know if anyone is interested!!


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  • Registered Users Posts: 77 ✭✭Amigone


    BlueSkinny wrote: »
    and finally can a trainee solicitor please tell me what a day in the life of a trainee is like , what does one typically do ??? and is it all worth it at the end of the day ?

    While I'm not formally a trainee as not in Blackhall yet... i've been working with the solicitor who's putting me through Blackhall for last 18months under the position of trainee solicitor. I work in a very small firm with only three solicitors so in one way i'm lucky. This week alone i've been to court 2/3 days attending on Counsel, watching brief in Criminal Courts of Justice and i frequently attend Settlement Meetings and Consultations in the Four Courts. On more general law issues and LOTS of debt collection, I have quite a few of my own files also.

    However, it took a long time for me to be given those responsibilities. I started at the BOTTOM. I've done enough photocopying for Briefs to single handedly take out the Amazon (11 Briefs in one day once!)... i've played receptionist for months at a time, been typist, coffee maker, do the post, the bank runs, everything....

    So generally as a trainee.... you will be put through everything. You have to remember you're the bottom rung and you've to earn your way up.


  • Registered Users Posts: 3 llll


    lalala85 wrote: »
    Hi. I have a brand new Companies Acts 1963-2006, Student version, by MacCann and Thomas Courtney. I never used it. so i'd be willing to sell it for 60 euro which would also include postal costs. let me know if anyone is interested!!
    Hey, I'd be interested in buying it! Is it still available?


  • Closed Accounts Posts: 17 McLawin


    Hi all,

    Does anyone know how the new Real Property Law internal examiner is? The former internal examiner, Dr. Jack Anderson, wrote in the October 2009 examiner reports that the October 2009 exam would be his last as an examiner. The list of examiners on the Law Society website hasn't been updated though. I thought it would be handy to know who the examiner is.

    Also, the syllabus hasn't been updated for Property Law on the Law Society website either so I was wondering if anyone has heard anything reliably from the Law Society or through their tutors about that?

    I'm studying Property (along with Criminal, Constitutional and Tort) on my own so I'm a bit at sea about these sort of points.

    Thanks guys!


  • Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,561 Mod ✭✭✭✭Robbo


    McLawin wrote: »
    Also, the syllabus hasn't been updated for Property Law on the Law Society website either so I was wondering if anyone has heard anything reliably from the Law Society or through their tutors about that?

    I'm studying Property (along with Criminal, Constitutional and Tort) on my own so I'm a bit at sea about these sort of points.

    Thanks guys!
    I mailed the Law Society last month about the property syllabus. They basically said that it hasn't changed and seemed rather annoyed that I'd ask.

    I'm covering the syllabus as it stands but for safety, in the essay type questions, I mention where the reform comes with the 2009 Act.


  • Registered Users Posts: 1,270 ✭✭✭JCJCJC


    Robbo wrote: »
    I mailed the Law Society last month about the property syllabus. They basically said that it hasn't changed and seemed rather annoyed that I'd ask.

    I'm covering the syllabus as it stands but for safety, in the essay type questions, I mention where the reform comes with the 2009 Act.

    I've been going through the 2009 Act, it changes loads of things. Looking at the past papers, all the two-part questions like write a note on Quia Emptores, The Statute Of Uses, The influence of Equity, Profits a prendre, fee tails, fee farm grants and so on are all flung out the window by the new Act. The law on mortgages has changed also. I've asked a few practising solicitors about it. All say they haven't yet studied the Act fully or at all, but all also say the lawsoc is devious and you can expect the Act to be examined, even though it is not expressly on the syllabus. So if they ask for a note about acquisition of easements by prescription etc, you'd better know the new stuff, in my humble opinion. I'm going to go to the Griffith's one-day seminar next week to hear what they say on it.

    JC:eek:


  • Registered Users Posts: 3,456 ✭✭✭Jev/N


    I'll keep this brief as I'm lazy when it comes to typing a large amount! ;)

    From my experiences in the last sitting, I can't imagine they'll directly examine much, or any, of the new Act. At best, they'll be impressed with the inclusion of knowledge on what is changed but I doubt this will be asked

    First, as is evident from the last Property paper, the examiner asked loads of almost irrelevant stuff, in light of the new Act. I know predictions can't really be anyway relied on but many would have expected things such as fee farm grants to be left out considering their dwindling usage.

    Secondly, in the Equity exam, (albeit from a different examiner) the Charity act was causing issues with regard to what to study for such a question. I know it didn't change as much of the law as the Land and Conveyancing Reform Act but lecturers in Independent were unsure how a question might be phrased or approached. In the end, there was just a normal question proposed with no reference to the new Act.

    In short, I think when a new piece of legislation has bee introduced but it hasn't been in long enough to determine the effects it might have, examiners are reluctant to ask directly on the topic

    My 2 cents


  • Registered Users Posts: 126 ✭✭Amre17


    Mshellster wrote: »

    On a different matter...Does anyone happen to know if it is possible to leave anything out of Contract? Trying to figure out if I can shorten it down at all it's one of those subjects that has my memory zapped from all the rules and exceptions and general technical nature of it!
    !


    This might not be the best advice but I'll let you in on it anyway..

    I did contract last oct and purposely left out offer and acceptance, mistake and misrepresentation and still passed. The way I looked at it was theres 5 questions to answer so I gambled that if I knew the rest of my stuff well enough I shoud be able to answer 5 questions and dodge these topics. So in my mind you can leave out 3 topics,just do the topics that tend to come up together but contract is just the worst for gambling with leaving bits out because of the way the topics are mixed in questions..

    Anyway, hope this helps a little..

    best of luck..


  • Registered Users Posts: 126 ✭✭Amre17


    McLawin wrote: »

    Does anyone know how the new Real Property Law internal examiner is? The former internal examiner, Dr. Jack Anderson, wrote in the October 2009 examiner reports that the October 2009 exam would be his last as an examiner. The list of examiners on the Law Society website hasn't been updated though. I thought it would be handy to know who the examiner is.

    Also, the syllabus hasn't been updated for Property Law on the Law Society website either so I was wondering if anyone has heard anything reliably from the Law Society or through their tutors about that?

    I dont know who the new examiner is but I would love to know too!

    With the syllabus, the idea is that where the new law hasnt been in operation for 6months its unfair to exaimine us on it just yet.. but it you ask me what we have now is worse.. while were being examined on the old law i think were definately expected to know the new law to throw in at the end of the Q so theres twice the workload.. but if you just check out the explanatory memorandum of the new act you'll get what you need.

    There are still a number of topics that are untouched by the act which is handy.. Succession, Adverse Possession, Family Property and Landlord and Tenant Law.

    Whats bugging me the most is the what approach the examiner is going to take.. Since things like the fee farm grant, the rule in shellys case, quia emptores etc etc.. are out the window, will he/she take the opportunity to examine them one last time or will he/she see it as pointless as theyre no longer law?? Ive decided not to touch any of that old stuff (i didnt when i was in college either) just cant stand it and if I end up repeating it'll have been waste..


    Question... What topics would be considered the most imp to cover for property and company this sitting?


  • Registered Users Posts: 219 ✭✭page1


    page1 wrote: »
    Just wondering does section 14 of DA relate to innuendo - true innuendo specifically?


    Anyone?

    Also the "public interest defence" in Leech V IN,is that properly a species of the defence of qualified privilege or would it come under the new "fair and reasonable publication of matters of public interest" defence. Charleton refers to the criteria set out in Reynolds which are very similar to the list in the new Act (s26.2).

    Should the defence of QP be reserved for private situations such as between employer/employee for example and the new defence for more public situations.


  • Registered Users Posts: 364 ✭✭brian__foley


    page1 wrote: »
    Anyone?

    Also the "public interest defence" in Leech V IN,is that properly a species of the defence of qualified privilege or would it come under the new "fair and reasonable publication of matters of public interest" defence. Charleton refers to the criteria set out in Reynolds which are very similar to the list in the new Act (s26.2).

    Should the defence of QP be reserved for private situations such as between employer/employee for example and the new defence for more public situations.

    You might get some help in the Hunter & Callaghan v Gerald Duckworth & Co Ltd & Louis Bloom Cooper case where the differences between extending QP and a "straight-up" public interest defence are examined. I know some people think its a matter of semantics but its probably a good deal more complicated and involved than that. QP has traditionally had several restrictions that make its extension to public interest speech quite difficult in certain cases. The High Court in Australia discussed this in Lange which is reasonably well covered by O'Caoimh J in the judgment. I'm not au fait with whether the Act changes QP to overcome the common law difficulties with extending same to public interest speech, but Hunteris a good starting point.


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  • Closed Accounts Posts: 5 fitzpapr


    I'm studying for property using the 2008 Independent manual. At the end of most chapters the manual refers to the 2006 Bill and the potential changes this could introduce. Does anyone know if the Bill was enacted as it was or did the 2009 Act diverge from it at all?

    If anyone has a link to a summary of the 2009 that'd be great!


  • Registered Users Posts: 1,405 ✭✭✭Dandelion6


    fitzpapr wrote: »
    Does anyone know if the Bill was enacted as it was or did the 2009 Act diverge from it at all?

    There were a number of amendments, not sure if any of them were significant for FE1 purposes though. You'd definitely want to be careful about quoting Section numbers. I'm not sure where you could look for the changes other than the Oireachtas website.


  • Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,561 Mod ✭✭✭✭Robbo


    fitzpapr wrote: »
    I'm studying for property using the 2008 Independent manual. At the end of most chapters the manual refers to the 2006 Bill and the potential changes this could introduce. Does anyone know if the Bill was enacted as it was or did the 2009 Act diverge from it at all?

    If anyone has a link to a summary of the 2009 that'd be great!
    Looking at a 2008 Independent manual, there's a number of the Sections quoted from the bill where the Section number doesn't square with the Act.

    I've been checking the manual against the Act and making notes as I come across the stuff.


  • Registered Users Posts: 364 ✭✭brian__foley


    Robbo wrote: »
    Looking at a 2008 Independent manual, there's a number of the Sections quoted from the bill where the Section number doesn't square with the Act.

    I've been checking the manual against the Act and making notes as I come across the stuff.

    There were changes alright. One solicitor made the point to me that even the explanatory memorandum, at times, appears to make reference to a previous incarnation of a particular section, rather than the section as enacted.


  • Closed Accounts Posts: 30 stewbacca


    Not sure if the new conveyancing act changes anything here, my notes are bit out of date in this area - I wanted to check if the new act definitely changes things so that conveyance/mortgage will overreach any equitable interest unless it's registered before the transaction (so equitable interest detaches from land/property and attaches to sale proceeds?) - So less protection potentially for people unware they have to register a beneficial interest?

    thanks all


  • Closed Accounts Posts: 30 stewbacca


    Mshellster wrote: »
    I think that's the way you would go about it well that'd be my take on it at any rate, I'm fairly certain most of the new act hasn't commenced (not certain!) so I think it's as it stands but obviously where it's relevant make ref. to the changes coming in etc.

    On a different matter...Does anyone happen to know if it is possible to leave anything out of Contract? Trying to figure out if I can shorten it down at all it's one of those subjects that has my memory zapped from all the rules and exceptions and general technical nature of it!

    April cannot come quick enough!

    Maybe Agency?


  • Registered Users Posts: 219 ✭✭page1


    Thanks for that Brian.


  • Registered Users Posts: 4,632 ✭✭✭NoQuarter


    Anyone know the timetable for the autumn sitting of the FE 1's this year?


  • Closed Accounts Posts: 48 rick flair


    Case by case study tree


    hi i am trying to find the thread which outlines how to set up a study tree for all topics. its on boards but cant find the page - anyone help

    I was looking at the journey technique but this seemed better for me.:rolleyes:


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  • Registered Users Posts: 77 ✭✭Amigone


    My first exam is Const on the 23rd and Law Soc just told me if i want my copy of the const in exam with me i've to take the day before to travel up to Dublin and hand it in between 9-12!

    Eh WTF?!

    How can ppl afford to take THE DAY BEFORE EXAMS to hand in leg??!

    Anyone know if chancing handing it in that morning is running the risk of not getting it back on time??


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