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

OfficeGirl2015

Oh god I seriously tanked that exam. .. knew the issues but answered them arseways and forgot a lot of the caselaw until it was finished...now it's swimming in my head. Ah we'll, that's a resitting in October so :, (

oraghabd

Kcookies2015 wrote: »

Ok so up all night reading equity waffle has somewhat paid off in what I think was a reasonable paper...

Q1 - rectification / specific performance relating to mistake in contract regarding property sale PQ

Q2 - Mareva Essay on balancing rights of plaintiff & defendant

Q3 - trustees PQ

Q4 - principles of tracing Essay

Q5 - will leaving all to charity & property deeds handed to niece - advise charity in relation to entitlement to property given to niece (I answered donatio mortis causa) but could be wrong due to lack of sleep
Q6 - note on : doctrine of election, ecceptional categories non charitable purpose trusts will be enforced , strong v bird - Answer 2
Q7 - A - joint accounts B- presumption of advancement father to child
Q8 - Cy-pres Doctrine - discuss when it is invoked

So, undue influence did not come up? I wonder if that has any bearing on the contract paper...

Kcookies2015

Independent topic tips for constitutional....

1/ Cover art 40.3 fair procedures in light of Gormley v White

Possible PQ involving unconstitutionally obtained evidence and know diff between unconstitutionally & illegally obtained evidence
Art 40.3.1 Dpp v Cullen

2/bullet point knowledge on :
Heaney v Ireland
Rock c Ireland
Re National Irish Bank
DPP v Finnerty

3/ sketch knowledge of right to jury trial not likely come up but maybe small element of PQ

4/ principles of fundamental rights & judicial review - know tests set out in Heaney & Courtney cases
Socio- economic rights - when courts intervene and why they are reluctant
Sinnot, TD, Doherty cases

5/ personal rights - generally forms part of 2 or 3 questions on each paper
MC Gee v AG
Possible problem Q on right to life and die tied up with life of the unborn in light of PP v HSE case

6/ Equality PQ due in this sitting
Presumptive invalidity
Remedies
3 step test - Brennan v AG
Quinn supermarkets case
***same sex couples adoption focus on rights of the child

7/ property rights
Relationship between 40.3 and 43 and courts interaction between them
Unjust attack on property rights
Issue with compensation
**likely to be element of 2 Problem questions this sitting

8/ freedom of speech
Journalistic privacy
40.6.1 & 40.3.2
MC Mahon v Keena
Cornec v Morris

9/ religious freedom
Essay due on Art 44 in light of recent proposals

10/ art 45 ESC
Possible essay in light of report of CRG in March 2014

corkres1989

oraghabd wrote: »

So, undue influence did not come up? I wonder if that has any bearing on the contract paper...

please God as I know it inside out. was surprised no estoppel either. and thank god for mareva Injunctions!

kiwi33

Not to change the subject but did anyone see Hardiman J from the SC died suddenly today. It's just funny when you see his name in a book so often you sometimes for get they are actual people. RIP. Maybe he'll give us all some legal inspiration for the rest of the exams.

clocks

Kcookies2015 wrote: »

Independent topic tips for constitutional....

1/ Cover art 40.3 fair procedures in light of Gormley v White

Possible PQ involving unconstitutionally obtained evidence and know diff between unconstitutionally & illegally obtained evidence
Art 40.3.1 Dpp v Cullen

2/bullet point knowledge on :
Heaney v Ireland
Rock c Ireland
Re National Irish Bank
DPP v Finnerty

3/ sketch knowledge of right to jury trial not likely come up but maybe small element of PQ

4/ principles of fundamental rights & judicial review - know tests set out in Heaney & Courtney cases
Socio- economic rights - when courts intervene and why they are reluctant
Sinnot, TD, Doherty cases

5/ personal rights - generally forms part of 2 or 3 questions on each paper
MC Gee v AG
Possible problem Q on right to life and die tied up with life of the unborn in light of PP v HSE case

6/ Equality PQ due in this sitting
Presumptive invalidity
Remedies
3 step test - Brennan v AG
Quinn supermarkets case
***same sex couples adoption focus on rights of the child

7/ property rights
Relationship between 40.3 and 43 and courts interaction between them
Unjust attack on property rights
Issue with compensation
**likely to be element of 2 Problem questions this sitting

8/ freedom of speech
Journalistic privacy
40.6.1 & 40.3.2
MC Mahon v Keena
Cornec v Morris

9/ religious freedom
Essay due on Art 44 in light of recent proposals

10/ art 45 ESC
Possible essay in light of report of CRG in March 2014

Interesting how some grind schools give full predictions. IN GRiffith they didn't give any. Would be interesting to make a grid of predictions...

Kcookies2015

clocks wrote: »

Interesting how some grind schools give full predictions. IN GRiffith they didn't give any. Would be interesting to make a grid of predictions...

I should hope after horsing out €2600 that id be getting some serious guidelines. I've done Griffith before for legal studies diploma didn't find them fantastic. Predictions have been good so far so long may they continue : )

Tyler Durdenn

Kcookies2015 wrote: »

I should hope after horsing out €2600 that id be getting some serious guidelines. I've done Griffith before for legal studies diploma didn't find them fantastic. Predictions have been good so far so long may they continue : )

Any such magical tips for contract? 🙈

clocks

Kcookies2015 wrote: »

I should hope after horsing out €2600 that id be getting some serious guidelines. I've done Griffith before for legal studies diploma didn't find them fantastic. Predictions have been good so far so long may they continue : )

It is alot of money, I was sitting in a room on the Sth Circular Rd doing the sums and thinking I should get into the grinds business if the solicitors' profession is closed to me in the near future. Those above don't seem to bad.

Does it anyone have tips or predictions for Contract or real property law ? I didn't prepare at all systematically the last time....

Kcookies2015

Tyler Durdenn wrote: »

Any such magical tips for contract? 🙈

Definitely learn-
Offer & acceptance PQ always examined

Consideration - usually appears with doctrine of promissory estoppel or mistake PQ due not in last sitting

Consumer protection - fair & reasonable test applies to exclusion of the act - clear favourite of examiner

Remedies - award and calculation of damages , different headings of loss and rule on remoteness.*** on every paper past 15 sittings

Discharge of a contract - doctrine of frustration. Different types of frustration. Most likely PQ mixed with other topic. Agreement and performance have been ignored in recent years so be wary

Contractual terms - definite to appear mixed possibly with misrepresentation / essay on parol evidence / interpretation

Undue influence - due a run again pay particular attention to presumed undue influence & effects undue influence has generally on a contract. HC decision in Rochebut not gone quite as far as Etridge

Have fair knowledge of:
Mistake
Estoppel
Exclusion clauses

Illegal contracts - arises generally only as essay Q could appear due to recent case Quinn v Hussein

Formal & evidentiary requirements - could be due a sneaky run in essay form - 3P's/analysis of subject to contract

Skim over :
Misrepresentation
Intention to create legal relations
Duress

Kcookies2015

clocks wrote: »

It is alot of money, I was sitting in a room on the Sth Circular Rd doing the sums and thinking I should get into the grinds business if the solicitors' profession is closed to me in the near future. Those above don't seem to bad.

Does it anyone have tips or predictions for Contract or real property law ? I didn't prepare at all systematically the last time....

I just put up contract. The following is property.....
Succession - finding items/treasure trove
Possible PQ has appeared 2 in a row before & examiner likes topic
S117

Possibly essay on Land Registration as examiner isn't afraid to ask to sittings in a row

Co ownership -
licences & rights of residence - possible estoppel PQ or nature of a licence essay *** due a run not on last paper

Q on joint tenancy in common/tenancies in common together with severance

Family property - possibly due to 2010 Act on rights of cohabitees and same sex couples. **** not on last paper highly likely to appear this sitting

adverse possession

Family property - mortgages - examiner showing fondness for topic in last 4 papers judgment mortgages potential partial question

Easements - 7 papers in a row and missing last sitting likely to reappear in either PQ or Essay( 2009 act failings regarding easement by prescriptions)

Landlord & tenant law - rule in Walsh v Lonsdale , lease licence distinction , deasys act & 2014 Act, change of leasehold interests

kiwi33

in the cornec v morrice case does it specifically refer to protection of journalistic sources as a constitutional right. Any one have a link to judgement. Just in Mahon v Kenna Fennelly J only refers to ECHR Art 10 and amazingly doesn't even mention art 40.6.1 in his judgement so I was going to argue that its quite a limited protection due to the fact they were ordered to pay costs for getting rid of documents. Surely if there was a protection of journalistic sources that they would be able to do with they please. Especially when it transpired these documents could have been traced back to the source as all documents had a unique correspondence reference. But im not 100% sure of outcome of cornec v morrice. Can't find much material on the outcome of C v M and my manual is out of date.

Kcookies2015

kiwi33 wrote: »

in the cornec v morrice case does it specifically refer to protection of journalistic sources as a constitutional right. Any one have a link to judgement. Just in Mahon v Kenna Fennelly J only refers to ECHR Art 10 and amazingly doesn't even mention art 40.6.1 in his judgement so I was going to argue that its quite a limited protection due to the fact they were ordered to pay costs for getting rid of documents. Surely if there was a protection of journalistic sources that they would be able to do with they please. Especially when it transpired these documents could have been traced back to the source as all documents had a unique correspondence reference. But im not 100% sure of outcome of cornec v morrice. Can't find much material on the outcome of C v M and my manual is out of date.

Outcome was..... HC refused to affirm an order requiring journalist and director of charity investigating cults to provide evidence for court hearing pending in Colorado, on ground of journalistic privilege.

kiwi33

Kcookies2015 wrote: »

Outcome was..... HC refused to affirm an order requiring journalist and director of charity investigating cults to provide evidence for court hearing pendi re in Colorado, on ground of journalistic privilege.

did they make specific reference to the constitution. Therefore you could say that the scope for uncertainty as to the strength of the privilege in Mahon v Keena was clarified in this case?

dashdoll

Constitutional is killing me. So tired already and very long night ahead.

Hope to got its generally not marked too hard but the exam reports don't give much hope.

My knowledge isn't very deep at the moment!

Red Cow is soul destroying....need to get out of this hotel room.

Kcookies2015

kiwi33 wrote: »

did they make specific reference to the constitution. Therefore you could say that the scope for uncertainty as to the strength of the privilege in Mahon v Keena was clarified in this case?

Yes they referred to Art 40.6.1 and stated that blogging fell within the categories and views in relation to religious cults were protected ensuring his right to voice his views

1916Sheepish

First time FE-1 chancer. Just wondering to pass an exam, is it generally necessary to have 5 answers on point? Ever a chance of having 3 good questions and the other two being shaky and passing?

fionnsci

Kcookies2015 wrote: »

Independent topic tips for constitutional....

Possible PQ involving unconstitutionally obtained evidence and know diff between unconstitutionally & illegally obtained evidence
Art 40.3.1 Dpp v Cullen

7/ property rights
Relationship between 40.3 and 43 and courts interaction between them
Unjust attack on property rights
Issue with compensation
**likely to be element of 2 Problem questions this sitting

Hoping someone won't mind enlightening me, what is the difference between illegally and unconstitutionally obtained evidence?

Also in relation to property rights, my notes just speak generally, haven't distinguished between the two articles. What's the difference practically speaking?

Thanks xox

Kcookies2015

fionnsci wrote: »

Hoping someone won't mind enlightening me, what is the difference between illegally and unconstitutionally obtained evidence?

Also in relation to property rights, my notes just speak generally, haven't distinguished between the two articles. What's the difference practically speaking?

Thanks xox

If evidence is gathered illegally the trial judge has discretion to admit it, depending on all circumstances in the case. Authority for the proposition of illegally obtained evidence which will be inadmissible in cases where illegality arises from deliberate and settled policy of the police.

DPP v McMahon (1986)

Tyler Durdenn

1916Sheepish wrote: »

First time FE-1 chancer. Just wondering to pass an exam, is it generally necessary to have 5 answers on point? Ever a chance of having 3 good questions and the other two being shaky and passing?

Haha, I think most people walk out of each exam feeling like you've described above, and they often pass. From my experience, nearly everyone's fifth question is always a bit dodgy if not downright guesswork!

Tyler Durdenn

If anyone could explain how to answer that annoying Contract question that always arises about Consideration's interaction with promissory estoppel and how that bloody Pinnell's case is relevant, I will be forever indebted to you. I also have mountains of grids/materials etc. that I can send on.

Kcookies2015

Tyler Durdenn wrote: »

If anyone could explain how to answer that annoying Contract question that always arises about Consideration's interaction with promissory estoppel and how that bloody Pinnell's case is relevant, I will be forever indebted to you. I also have mountains of grids/materials etc. that I can send on.

Mail me your email address only have 2007 solution but have to send it in picture form

Figsy32

1916Sheepish wrote: »

First time FE-1 chancer. Just wondering to pass an exam, is it generally necessary to have 5 answers on point? Ever a chance of having 3 good questions and the other two being shaky and passing?

Definitely a good chance! Contract last time around I had 3 good, 1 okay and 1 common sense/complete waffle and passed.

fe1chancer

Tyler Durdenn wrote: »

Haha, I think most people walk out of each exam feeling like you've described above, and they often pass. From my experience, nearly everyone's fifth question is always a bit dodgy if not downright guesswork!

Exactly! If you walked out of the exam with 3 solid questions and a shaky 4th and 5th you are in the same boat as us all! Don't think I ever left an FE1 thinking I answered all 5 bang on. In my constitutional paper last sitting I had 3 solid 1 dodgy and answered a 5th question on Constitutional interpretation from memory from college 3 years ago and still managed 58% so hopefully that will give you a bit of hope for tomorrow.

count of monte cristo

Folks, in the depths of a constitutional depression...

Have a fair bit of knowledge and just reading I've past papers, can anyone tell me what question 4 on the autumn 2015 paper relates to it sends to be an SOP question on the delegation of powers but I really think I'm missing something..

Any help greatly appreciated!!

Kcookies2015

count of monte cristo wrote: »

Folks, in the depths of a constitutional depression...

Have a fair bit of knowledge and just reading I've past papers, can anyone tell me what question 4 on the autumn 2015 paper relates to it sends to be an SOP question on the delegation of powers but I really think I'm missing something..

Any help greatly appreciated!!

According to grid it's SOP it was a 2 part question - religious freedom on other part?

count of monte cristo

Kcookies2015 wrote: »

According to grid it's SOP it was a 2 part question - religious freedom on other part?

Have it now.

Legislation and the A44.2.6 fairly frickin random to say the least...

Cheers..

Tyler Durdenn

When I went to look at my past papers for Question 8(b) for Contract October 2014 there was just a massive "WTF?!" written beside the question.

Sometimes you just have to cut your losses and instead of trying to figure it out, just decide you wont have to answer a question like that!

anosullivan

I don't suppose anyone knows of any predictions for EU from any of the intensive courses? Its so long how do you narrow that down!

I actually found equity tricky today! had to waffle for an answer on trusteeship. Does anyone know if she is a hard marker?

Kcookies2015

anosullivan wrote: »

I don't suppose anyone knows of any predictions for EU from any of the intensive courses? Its so long how do you narrow that down!

I actually found equity tricky today! had to waffle for an answer on trusteeship. Does anyone know if she is a hard marker?

I'm studying for tomorrow's exam now but send me your email & I'll pass on the EU tips