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

Galw2014

Really struggling with company at the moment, all my notes are on the old act so I'm trying to update them. Just in relation to corporate contracts, in the 1963 act s18 the memorandum gives the subscribers the authority to exercise all the functions of an incorporated company. However, the corresponding section (25) of the 2014 act doesn't include this, so who has fundamental authority to bind the company? So confused

Mileyt

Fe1r wrote:

Has anyone any advice for constitutional? What are people covering? I've narrowed it down to 17 chapters but I'm really panicking I won't get it covered in time.

Fe1

The preamble is something you can nearly throw into a lot of questions that personally found....read above what I said 're constitutional tbh I wasn't sitting it last year and my exams went bad so I spent one day no joke studying constitutional using a nutshell covering a few main topics but threw in preamble and all the rights and I passed but didn't get the magic three so sitting it again but really felt knowing a little about slot helped! Hope this helps

dashdoll

Just finished making Constitutional notes.

Think I'm going to leave out

-Constitutional Interpretation...a full qs came up on it in the last paper and I just find it very boring and hard to grasp.

The Preamble

Attorney General

Emergency and International Law

Abortion

Going to just know the basics on Freedom of Assembly, Freedom of Association and inviolability of the dwelling.

I'll probably cut it a bit more but I think you probably need to know something on all of the other topics.

Ugh. Now to tackle tort

Scarymary13

Thanks Telephone. That really limits it down. I failed it the last time so I am even more worried this time round!

kd2121

For property is there any point in learning the Civil Partnership Act?

Scarymary13

I wouldn't leave it out. Still covers cohabitants and civil partners.

Tyler Durdenn

Could anybody who did preparatory courses please say what was predicted by the lecturers to come up? There's no point in remaining tight-lipped because we're not competing against each-other.

There is no bell-curve marking, as evidenced by the wildly fluctuating pass rates each year.

Scarymary13

I done the one-day property one on Friday. The following are the most popular ones apparently.

licences
AP
Easements
family
co-ownership
ownership
L & T law
Succession.

fionnsci

Studying directors for company, wondering if anyone can answer a Q. So secret profits made by a director are banned but what is required where the director discloses his interest in the contract. Can he keep profit automatically once he's disclosed his interest? Or does it require board approval/shareholder resolution, or both? Thanks xox

corkres1989

Scarymary13 wrote: »

I done the one-day property one on Friday. The following are the most popular ones apparently.

licences
AP
Easements
family
co-ownership
ownership
L & T law
Succession.

I'm leaving out l and t and just prepared essays on mortgages and land registration. Does anyone think that is too risky?

sophiehatter

A full question on Mortgages came up last sitting and I don't think it comes up that often, just so you know.

Scarymary13

I'm leaving all of those out corkres.

kd2121

For property I'm thinking

Finding items
Note on Equity
Land registration
Succession
Co ownership
Licences/right of residence
Adverse Possession
Easements
Family Property

Should that have me covered?

lawgal

kd2121 wrote: »

For property I'm thinking

Finding items
Note on Equity
Land registration
Succession
Co ownership
Licences/right of residence
Adverse Possession
Easements
Family Property

Should that have me covered?

That should be plenty if not too much! Especially guaranteed 2 q's on Succession

Hunchback

lawgal wrote: »

That should be plenty if not too much! Especially guaranteed 2 q's on Succession

While succession did appear twice on the last paper. it wasn't two full questions. One of the succession questions was just a part of a question (I think with three parts).

EthanSS

Hey guys,

For Company, I am covering (well trying/struggling to) the following:

(1) Borrowing
(2) Directors
(3) Corp Authority
(4) Share Transfer
(5) Shareholder Protection
(6) Restriction
(7) SLP
(8) Incorporation

Am I leaving myself too short by not covering 1 or 2 more topics? Could anybody recommend another topic or two i could add to my above list? I was going to cover Realisation of Corporate Assets but that seems unlikely as it was on on the last paper. Also, Ultra Vires seems unlikely to arise too as a result of the new Act.

Thanks.

kiwi33

Can anyone with a new manual for company list out the statutory numbers in the 2014 act for statutory exceptions to the corporate veil. Just the relevant section numbers. Pretty please!

Legalfarmer89

corkres1989 wrote: »

I'd just do mareva injunctions and I'd add tracing to your list other than that that's all I'm doing.

Ya there is very little on Tracing and there is like 4-5 key cases in which one could easily cover!

corkres1989

sophiehatter wrote: »

A full question on Mortgages came up last sitting and I don't think it comes up that often, just so you know.

You're right I might leave out mortgages and learn a note on equity. Just panicking as I'm leaving out l and t and thinks it's too late to pick it up at this stage!

Galw2014

EthanSS wrote: »

Hey guys,

For Company, I am covering (well trying/struggling to) the following:

(1) Borrowing
(2) Directors
(3) Corp Authority
(4) Share Transfer
(5) Shareholder Protection
(6) Restriction
(7) SLP
(8) Incorporation

Am I leaving myself too short by not covering 1 or 2 more topics? Could anybody recommend another topic or two i could add to my above list? I was going to cover Realisation of Corporate Assets but that seems unlikely as it was on on the last paper. Also, Ultra Vires seems unlikely to arise too as a result of the new Act.

Thanks.

I'm doing the same except instead of incorporation I'm doing winding up (which I have yet to finish my notes on)

sophiehatter

Trying to get myself organised for Criminal - would people consider actus reus and mens rea essential topics to cover in depth or more things to have a working knowledge of? Also the same for the procedural stuff such as bail, detention etc? Should I know that back to front, or again just a working knowledge? What do people think? Thanks!

clocks

sophiehatter wrote: »

Trying to get myself organised for Criminal - would people consider actus reus and mens rea essential topics to cover in depth or more things to have a working knowledge of? Also the same for the procedural stuff such as bail, detention etc? Should I know that back to front, or again just a working knowledge? What do people think? Thanks!

I'm doing the same but haven't put half enough effort into exam technique and planning.

The procedural aspects tend to come up a fair bit in the form of an "advise your client" question. Usually there is 2 parts of the 3 Arrest, Detention and Bail.

It's a bit harder to say about the reus: they are obviously important topics in Criminal Law...There's a chance of an essay question entirely on one, but more likely there will be at least one problem question, possibly more, that features elements of either the AR or MR.

What do people think about property offences ? They seem to come up infrequently and not in too much detail

sophiehatter

clocks wrote: »

I'm doing the same but haven't put half enough effort into exam technique and planning.

The procedural aspects tend to come up a fair bit in the form of an "advise your client" question. Usually there is 2 parts of the 3 Arrest, Detention and Bail.

It's a bit harder to say about the reus: they are obviously important topics in Criminal Law...There's a chance of an essay question entirely on one, but more likely there will be at least one problem question, possibly more, than features elements of either the AR or MR.

What do people think about property offences ? They seem to come up infrequently and not in too much detail

Great, really helpful, thanks for pointing me in the right direction!

makemecrazy

Can someone please explain what this unlimited capacity in corporate contracts as brought in by the CA 2014 is? Or please point me in the right director with any article or case? Super confused and stressing out!

Kcookies2015

makemecrazy wrote: »

Can someone please explain what this unlimited capacity in corporate contracts as brought in by the CA 2014 is? Or please point me in the right director with any article or case? Super confused and stressing out!

in practice, the CLS will no longer have an Objects Clause, and therefore, no boundaries that it can go beyond unlawfully. The relevant section provides that a company “shall have full and unlimited capacity” to carry on and undertake any business activity, do any act, or enter into any transaction.

fe1chancer

Anymore trying to cut down criminal? Seems difficult to leave anything out with the number of elements each question can contain!

hullaballoo

makemecrazy wrote: »

Can someone please explain what this unlimited capacity in corporate contracts as brought in by the CA 2014 is? Or please point me in the right director with any article or case? Super confused and stressing out!

Further to the above reply, the difference is that prior to the 2014 Act, a company could only engage in business that was directly related to its objects - the document setting out what the company was about. Any act purported to be done by a company outside its objects was said to be ultra vires the company and could be set aside. (Then you have all of the Bell Houses stuff with independent objects clauses and that...)

Under the 2014 Act, such restrictions no longer exist in relation to company types that have unlimited capacity. Nothing that could be lawfully done by another person can be said to be ultra vires the company. So, a company that ostensibly is for the running and management of a sweet shop could also engage in hedge funds management, in theory. I think I read that the purpose of this change is to prevent people from unwittingly entering agreements with companies that do not have the capacity to enter such agreements and lose out as a result, should the things done by the company on foot of the agreement later be set aside.

All of the above said, it is clearly absurd to have a company that has a de facto objective, such as selling sweets, also running high-risk investment strategies, so it will be interesting to see what happens when the point is inevitably litigated.

I had suggested in a previous post that this is an area that could well be examined because of the dominance of the UV doctrine in Company Law matters previously. I don't think it will just go away.

lawgal

Would someone be able to explain very generally what changes the marriage act 2015 have had on family property for purposes of property exam? When answering a question on same sex couples how does this alter the answer?
Thanks

oraghabd

In company law, can anyone just confirm for me that registration of charge is only required for floating charges? Not required for fixed.

Jotted this down in a lecture but cannot find it in the book now and not sure if I took it down wrong or not...

Simplyliving04

oraghabd wrote: »

In company law, can anyone just confirm for me that registration of charge is only required for floating charges? Not required for fixed.

Jotted this down in a lecture but cannot find it in the book now and not sure if I took it down wrong or not...

s.409 - All charges must be registered, fixed or floating, to be enforceable versus the liquidator...I think