FE1 Exam Thread (Read 1st post!) NOTICE: YOU MAY SWAP EXAM GRIDS

Troels Hartmann

Claregal11 wrote: »

Does anyone know what the tort paper is marked like? Like for attempts at questions or if you did half right and stuck in a few wrong bits? Trying to work out if there's anyway I could have passed!

I passed Tort last sitting despite coming out of it in a very depressed state. Hes definitely not the worst marker

Troels Hartmann

sunshine and showers wrote: »

Arguably the Catholicism question was where interpretation fit in.

Yeah in fairness, i waffled on about natural law for a bit so you're right

lawbear

What did people write for the Callelly case?? I was so stuck and dumb founded when I first read the paper I answered that by talking about the separation of powers, comity of organs of state and the courts reluctance to get involved with internal workings of the oireachtas?? I agreed that i think courts should be able to interfere with the privilege?? is this all wrong….I feel like I don't know what just happened in that paper.

Claregal11

Troels Hartmann wrote: »

I passed Tort last sitting despite coming out of it in a very depressed state. Hes definitely not the worst marker

Thanks! Finding it so hard to motivate myself to study again after the disaster of it! Panicked and blanked so bad but hoping there's some chance of a pass ðŸ˜

lawbear

Troels Hartmann wrote: »

I passed Tort last sitting despite coming out of it in a very depressed state. Hes definitely not the worst marker

Hey…this gives me hope, I was so annoyed and disheartened coming out of Tort, has anyone past tort or any papers before answering four questions? Im clutching at straws here.

LawCQ91

I am prob the only person that did Q2 but I only had 20min left and wasn't going to start question 6 which I wasn't sure what it was about! But I thought it was FOE just wasn't sure

I managed 4 questions out of it and I had to do Q2 as my 5th question! Please to god i just hope i attempted marks got some marks for talking about bias under fair procedure for the minsiter being the brother and duty to give reasons very briefly and a sad attempt about the they are actually asking!

I pretty much said the court has to decide what documents should be released for the most part.. Talk about privilege very short pretty much just wrote what's in the articles ! I literally bullet point my main points and ran out of time ( rightfully so too didnt have anything to say about it )

LawCQ91

Right leaving it behind and moving on ! No point thinking about it now ...

Claregal11

lawbear wrote: »

Hey…this gives me hope, I was so annoyed and disheartened coming out of Tort, has anyone past tort or any papers before answering four questions? Im clutching at straws here.

I only did one good 2 okish and one half of a problem(did the other half completely wrong) then threw down a few bullet points on General Rylands hoping it'd get a few marks.. Wasn't what I was expecting in the paper at all!

Arcturus2112

I haven't seen anyone mention Freedom of Expression for Q.4?

As I read it, the key issues are primarily freedom of expression and right to livelihood, to be balanced as against the right to earn a livelihood and the right to good name of the other medical professionals. Also necessary to discuss proportionality. "Cheapest in town" may be permissible, while "the only one that has never been sued" may be permissibly prohibited. As for the blanket ban, Colgan v IRTC (blanket ban may be permissible etc).

People have mentioned non-delegation and Article 15.2. I discussed this briefly. I think that issue would only arise if the Act did not contain policies as to the grounds on which the Board can approve advertisements and whether there is an Oireachtas "power to review" a la McGowan. I really don't see it as a central issue here though, as the Board only issued guidelines - these are not specified as being binding or non-binding, nor is there any mention of sanctions for non-compliance (a bit of reference to Fair Procedures and Article 37.1, limited decision-making powers that may have a far-reaching affect on person's livelihood, M v Medical Council etc).

lawbear

Does anyone have an upto date exam grid for equity? would really appreciate it.

Troels Hartmann

lawbear wrote: »

What did people write for the Callelly case?? I was so stuck and dumb founded when I first read the paper I answered that by talking about the separation of powers, comity of organs of state and the courts reluctance to get involved with internal workings of the oireachtas?? I agreed that i think courts should be able to interfere with the privilege?? is this all wrong….I feel like I don't know what just happened in that paper.

It's all a bit of a haze now (feels like years ago despite being 3 hours ago) but I basically went through some of the old justiciability tropes (Tormey etc) to fill out a bit of space, mentioned McKenna and Doherty to desperately try to tie them in, then went on about some fair procedures stuff (Haughey, Dail committees etc, McDonald v bord na gcon) before rounding it back to O Malley V Ceann Comhairle and a summary of the Callely judgment

A load of waffle mostly but I think that would have passed that question anyway

Troels Hartmann

Arcturus2112 wrote: »

I haven't seen anyone mention Freedom of Expression for Q.4?

As I read it, the key issues are primarily freedom of expression and right to livelihood, to be balanced as against the right to earn a livelihood and the right to good name of the other medical professionals. Also necessary to discuss proportionality. "Cheapest in town" may be permissible, while "the only one that has never been sued" may be permissibly prohibited. As for the blanket ban, Colgan v IRTC (blanket ban may be permissible etc).

People have mentioned non-delegation and Article 15.2. I discussed this briefly. I think that issue would only arise if the Act did not contain policies as to the grounds on which the Board can approve advertisements and whether there is an Oireachtas "power to review" a la McGowan. I really don't see it as a central issue here though, as the Board only issued guidelines - these are not specified as being binding or non-binding, nor is there any mention of sanctions for non-compliance (a bit of reference to Fair Procedures and Article 37.1, limited decision-making powers that may have a far-reaching affect on person's livelihood, M v Medical Council etc).

Yikes that's actually an excellent answer. Half of that didn't occur to me which is a bit disturbing

Lolers11

What about the question on 38.1? Did anyone do that one? I think it was q4?
Whether she could challenge Judge on Pre trial publicity - I just spoke about this and article 34.1. It seemed too obvious! So I was worried when I was answering.

amyeee

lawbear wrote: »

Does anyone have an upto date exam grid for equity? would really appreciate it.

I've done out the following for Equity papers last year, 2011, 2010, 2009 and 2008 - would be grateful if anyone could fill in the 2012 and 2013 blanks!! (and feel free to correct me if any of this is wrong) (also: seems pretty nice and predictable)

October 2014
1. Charitable trusts
2. Transfer of property to a trustee
3. Quia timet injunctions
4. (i) Strong v Bird
(ii) Rectification
(iii) Presumption of advancement
5. Express trusts 3 certainties
6. Constructive trusts - Knowing assistance
7. Undue influence
8. Trustees duties – investment

April 2014
1. Mandatory injunctions
2. Charitable trusts
3. Undue influence
4. Resulting trust – presumption of advancement
5. Defences to specific performance
6. Strong v Bird (express)
7. (i) Rectification
(ii) Satisfaction
(iii) Trustees duties – investment
8. Estoppel

March 2014
1. Resulting trusts
2. (a) Proprietary estoppel
(b) Unconscionability in proprietary estoppel
3. Tracing
4. Mareva injunctions
5. Undue influence and rescission
6. (a) Hastings-Bass (trustees duties)
(b) Removal of a trustee
(c) Strong v Bird (express)
7. Half-secret trusts
8. Specific performance

October 2011
1. Proprietary estoppel
2. Mandatory interlocutory injunctions
3. (i) Satisfaction
(ii) Charitable trusts
(iii) Rectification
4. Trustees duties – investment
5. Resulting trusts
6. Specific performance
7. Strong v Bird
8. Undue influence

March 2011
1. Undue influence
2. Trustees duties – investment
3. Charitable trusts
4. (a) Interlocutory injunctions in defamation
(b) Mareva injunction
5. Express trusts – 3 certainties
6. (i) Non charitable purpose trusts
(ii) Rectification
(iii) Quistclose trusts
7. Proprietary estoppel
8. Specific performance

October 2010
1. Specific performance defences
2. Undue influence
3. Proprietary estoppel
4. (i) Charitable trusts
(ii) Mandatory interlocutory injunctions
(iii) Quistclose trusts
5. Tracing
6. Resulting trusts
7. Trustees duties – investment
8. Express trusts - constitution

March 2010
1. Resulting trusts
2. Quia timet injunction
3. Constructive trusts – knowing assistance
4. Non charitable purpose trusts
5. Trustees duties – investments
6. Undue influence
7. (i) Rectification
(ii) Equitable maxims
(iii) Strong v Bird
8. Secret trusts

October 2009
1. Resulting trusts
2. Specific performance defences
3. Charitable trusts
4. Mareva injunctions
5. (i) Satisfaction
(ii) Donatio Mortis Causa
(iii) Rectification
6. Undue influence
7. Express trusts – 3 certainties
8. Proprietary estoppel

March 2009
1. Charitable trusts
2. (a) Interlocutory injunctions
(b) Anton Piller Orders
3. Strong v Bird
4. Constructive trusts
5. (i) Hastings Bass (trustees duties)
(ii) Rectification
(iii) Presumption of advancement (resulting trust)
6. Tracing
7. Trustees duties – investment
8. Undue influence

October 2008
1. Secret trust
2. (i) Satisfaction
(ii) Strong v Bird
3. Express trusts – three certainties
4. Specific performance
5. Proprietary estoppel
6. Express trusts – completing a trust
7. Mareva injunctions
8. (a) Removal of trustees
(b) Duty not to profit

March 2008
1. Donatio mortis causa
2. Express trusts – three certainties
3. Non-charitable purpose trusts
4. Promissory estoppel
5. (a) Charitable trusts
(b) Mandatory interlocutory injunctions
(c) Resulting trusts
6. Undue influence
7. Tracing
8. Trustees duties - investment

marky200ie

Lolers11 wrote: »

What about the question on 38.1? Did anyone do that one? I think it was q4?
Whether she could challenge Judge on Pre trial publicity - I just spoke about this and article 34.1. It seemed too obvious! So I was worried when I was answering.

I did pre trial publicity too, and then took a stab at freedom of the press (mahon v post publication) and why it wouldn't pass the Heaney proportionality test as basis why the court wouldn't allow prohibition of media coverage during the trial...honestly didn't know what I was writing half the time :-/

Anyone know what sort of marker the examiner is for constitution?...clutching at straws here!

Daryl Strawberry

marky200ie wrote: »

I did pre trial publicity too, and then took a stab at freedom of the press (mahon v post publication) and why it wouldn't pass the Heaney proportionality test as basis why the court wouldn't allow prohibition of media coverage during the trial...honestly didn't know what I was writing half the time :-/

Anyone know what sort of marker the examiner is for constitution?...clutching at straws here!

I mentioned a bit about her right to privacy as well from the press coverage, but purely looking for filler

Got 5 answers down but a bit shaky on 2/3

onto Equity!

TinkledPink

So... what's the plan for equity?

I'm leaving out Purpose/Charitable Trusts, Constructive Trusts & Injunctions (except Mareva).

Hoping for Q's on:
Mareva
UI
Express Trusts
Resulting Trusts
SP/Rect (hate this) or Estoppel

Should have a bit ready on Trusteeship/Tracing too and hopefully enough to have a go at the note question if I'm stuck.

What are you guys hoping for?

Arcturus2112

TinkledPink wrote: »

So... what's the plan for equity?

I'm leaving out Purpose/Charitable Trusts, Constructive Trusts & Injunctions (except Mareva).

Hoping for Q's on:
Mareva
UI
Express Trusts
Resulting Trusts
SP/Rect (hate this) or Estoppel

Should have a bit ready on Trusteeship/Tracing too and hopefully enough to have a go at the note question if I'm stuck.

What are you guys hoping for?

Exact same but also covering Secret Trusts. They weren't on the Oct paper, and they can be cut down to a very digestible summary quite easily.

dashdoll

Im covering the following...should I be ok?

Mareva Inj
Recission
Specific Performance
Rectification
Estoppel
Donatia Mortis Causa
Charitable Trusts
Tracing
Trusteeship

Arcturus2112

dashdoll wrote: »

Im covering the following...should I be ok?

Mareva Inj
Recission
Specific Performance
Rectification
Estoppel
Donatia Mortis Causa
Charitable Trusts
Tracing
Trusteeship

Yeah, I reckon you should be ok with that. But like I said in a previous post, stick in Secret Trusts if you can manage them also.

prior212

marky200ie wrote: »

I did pre trial publicity too, and then took a stab at freedom of the press (mahon v post publication) and why it wouldn't pass the Heaney proportionality test as basis why the court wouldn't allow prohibition of media coverage during the trial...honestly didn't know what I was writing half the time :-/

Anyone know what sort of marker the examiner is for constitution?...clutching at straws here!

Didnt sit the exam so dont know the facts but if its related to whether the media coverage be prohibited during trial wouldnt that come under the sub judice rule, right to a fair trial etc

FEar1

Arcturus2112 wrote: »

Yeah, I reckon you should be ok with that. But like I said in a previous post, stick in Secret Trusts if you can manage them also.

Would I be right in saying that people are feeling constructive and charitable trusts are less hot topics than resulting, secret and express trusts?

I'm covering

Mareva and Interlocutory Injunctions
Secret, Resulting and Express Trusts
Specific Performance and Rectification
Trusteeship
Proprietary Estoppel
Constitution of Trusts (Donatio Mortis Causa/Strong v Bird)

I've short notes on Anton Piller Orders and Undue Influence too.

Whats peoples thoughts in general? My first ever FE1, any general tips for surviving? haha

Daryl Strawberry

FEar1 wrote: »

Would I be right in saying that people are feeling constructive and charitable trusts are less hot topics than resulting, secret and express trusts?

I'm covering

Mareva and Interlocutory Injunctions
Secret, Resulting and Express Trusts
Specific Performance and Rectification
Trusteeship
Proprietary Estoppel
Constitution of Trusts (Donatio Mortis Causa/Strong v Bird)

I've short notes on Anton Piller Orders and Undue Influence too.

Whats peoples thoughts in general? My first ever FE1, any general tips for surviving? haha

The main problem i found on my first time was timing, i.e doing 5 essays in 3 hrs, just keep the time in mind at all times

sunshine and showers

the guy beside me in Constitutional filled a booklet and had to get another one. I counted the pages, there are over 40 if you write on the front and back. What did he write?!?

dashdoll

sunshine and showers wrote: »

the guy beside me in Constitutional filled a booklet and had to get another one. I counted the pages, there are over 40 if you write on the front and back. What did he write?!?

I wouldnt worry....Maybe he was only writing on one side ;-)

dashdoll

FEar1 wrote: »

Would I be right in saying that people are feeling constructive and charitable trusts are less hot topics than resulting, secret and express trusts?

I'm covering

Mareva and Interlocutory Injunctions
Secret, Resulting and Express Trusts
Specific Performance and Rectification
Trusteeship
Proprietary Estoppel
Constitution of Trusts (Donatio Mortis Causa/Strong v Bird)

I've short notes on Anton Piller Orders and Undue Influence too.

Whats peoples thoughts in general? My first ever FE1, any general tips for surviving? haha

I would have thought that Charitable Trusts are quite a hot topic eventhough it came up on the last paper because if the new Charities Act coming into force in Oct
What do people think?

sunshine and showers

dashdoll wrote: »

I wouldnt worry....Maybe he was only writing on one side ;-)

Oh I'm not worried about that, I'm more concerned about the state of his hand!

XxMCRxBabyxX

dashdoll wrote: »

I would have thought that Charitable Trusts are quite a hot topic eventhough it came up on the last paper because if the new Charities Act coming into force in Oct
What do people think?

City has them tipped

sunshine and showers

XxMCRxBabyxX wrote: »

City has them tipped

Lesson of this sitting: tips suck.

FEar1

XxMCRxBabyxX wrote: »

City has them tipped

Sad to say I think its too late for me to even consider adding another topic! Just about able to wade through what I have! But I hope we all come out happy regardless!