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

Teamhrach

Robbie25808 wrote: »

Constitutional Law:

In different chapters they say you should apply the proportionality test. Is this test always the test in Heaney v Ireland?

No; it can be the Tuohy test either. Sometimes the test will have a similar result but not always so make sure you show the difference

123456 jo

Gunslinger92 wrote: »

Sure thing!
Q.1: institutions (parliament, commission and council)
Q.2: general principles
Q.3: case note question
Q.4: direct effect and member state liability
Q.5: judicial review
Q.6: free movement of goods in particular art. 110
Q.7: free movement of goods arts 34-36
Q.8: free movement of workers, citizenship

I'd recommend looking at the Zambrano case as I reckon it'll come up in the case note question

What topics are people focusing on for EU Law this year

Pl1234

In relation to tort - looking at the grid, what is an economic tort? It says chapter 15 which is Torts Relating to Land in my manual??

yournerd

Pl1234 wrote: »

In relation to tort - looking at the grid, what is an economic tort? It says chapter 15 which is Torts Relating to Land in my manual??

passing off is the only relevant one that you should know!

Pl1234

Thank you!

BASHBAG

Gunslinger92 wrote: »

Sure thing!
Q.1: institutions (parliament, commission and council)
Q.2: general principles
Q.3: case note question
Q.4: direct effect and member state liability
Q.5: judicial review
Q.6: free movement of goods in particular art. 110
Q.7: free movement of goods arts 34-36
Q.8: free movement of workers, citizenship

I'd recommend looking at the Zambrano case as I reckon it'll come up in the case note question

Much appreciated. Wow that was a dream of a paper...lucky b******s!!!

Thanks for the tip, I went over citizenship last night so hopefully Zambrano is fairly drilled in.

LegalAnna

I'm doing company law and I'm doing the following topics:
SLP
Ultra Vires
Directors
Liquidation
Corporate authority
Distribution of assets
Shareholder protection
Borrowing
Restriction & disqualification
Share transfer

Is this enough? Really panicking at this stage!

Lumi77

LegalAnna wrote: »

I'm doing company law and I'm doing the following topics:
SLP
Ultra Vires
Directors
Liquidation
Corporate authority
Distribution of assets
Shareholder protection
Borrowing
Restriction & disqualification
Share transfer

Is this enough? Really panicking at this stage!

That is enough , you should be fine.

ArthurDayne

LegalAnna wrote: »

I'm doing company law and I'm doing the following topics:
SLP
Ultra Vires
Directors
Liquidation
Corporate authority
Distribution of assets
Shareholder protection
Borrowing
Restriction & disqualification
Share transfer

Is this enough? Really panicking at this stage!

I think fine too. It's worth maybe taking a look at the CA2014 reforms topic too. There is every chance that, hopefully, given the absolute massacre that was the last Company paper -- maybe a nice 2014 Act reforms question will be in there instead of a random one on SAP!!

SM1803

any advice on what to focus on for contract?

yournerd

Any genuine predictions for constitutional?

Robbie25808

Joan and David are the only directors and equal shareholders in Fresh Air Limited (the
“Company”) which operates an outdoor adventure business based in the west of Ireland. The
Company owns approximately 50 acres of mountainous terrain on which it operates its
business. An opportunity has arisen to acquire a neighbouring mountain from a company owned
50:50 by David and his brother Bart, called DB Limited, which has agreed to sell the mountain
to the Company for €400,000 or lease the mountain to the Company for 20 years at a rent of
€15,000 per annum.
You are required to advise Joan and David on the proposed sale (or lease) of the mountain to
the Company from DB Limited, having regard to each of the following:

(a) Section 194 of the Companies Act 1963,
(b) Sections 29 and 31 of the Companies Act 1990, and
(c) Their common law fiduciary duties as directors of the Company

Anybody have a sample answer for this question really struggling?

coolusername95

FreeFallin94 wrote: »

Would anyone be able to tell me if in DPP v Bolger the appellant was entitled to rely on the DPP v. Damache decision retrospectively.

As far as I can tell, Bolger wasn't allowed to rely on Damache as the issue regarding s29 was not raised during trial. His appeal was pending though. Cronin can be contrasted with it, it wasn't raised at trial but that was an exeception- interests of justice, counsel makes good argument for not raising issue.

coolusername95

which institutions of the state are people focusing on for constitutional?

Teamhrach

If anyone has an up-to-date grid for CRIMINAL/EQUITY could they pm me please?! Cheers!

Tony_TwoLegs

Contract Law..... any predictions?
Aside from Offer, Acceptance, Consideration, Estoppel and Sales of Goods Acts...... ie the bankers.....

HappySlappy123

Tony_TwoLegs wrote: »

Contract Law..... any predictions?
Aside from Offer, Acceptance, Consideration, Estoppel and Sales of Goods Acts...... ie the bankers.....

Damages usually appear, would imagine mistake also, and perhaps undue influence, capacity and privity

Robbie25808

Constitutional Law:

Are you able to bring in the European Act for this exam? Could be helpful for the question on freedom of speech.

Frances94

You can only bring in the constitution itself

yournerd

Tony_TwoLegs wrote: »

Contract Law..... any predictions?
Aside from Offer, Acceptance, Consideration, Estoppel and Sales of Goods Acts...... ie the bankers.....

1. Agreement/Estoppel
2. Consumers/Exemption Clause
3. Mistake
4. Discharge
5. Remedies
6. Undue influence
7. Capacity

Gunslinger92

I'm sorry I know this has been asked loads and loads of times before, but if I wait til the morning of EU to hand in my legislation how long will I be waiting for it?
EU is my first and I don't fancy trekking all the way out to red cow the day before just to hand it in

SM1803

Gunslinger92 wrote: »

I'm sorry I know this has been asked loads and loads of times before, but if I wait til the morning of EU to hand in my legislation how long will I be waiting for it?
EU is my first and I don't fancy trekking all the way out to red cow the day before just to hand it in

pretty sure i had mine by 10 oclock!

jus_me

those who are sitting in March- what time of the day are the exams & are they the same time each day?

Gunslinger92

jus_me wrote: »

those who are sitting in March- what time of the day are the exams & are they the same time each day?

9.30-12.30 and yes, same time every day

jus_me

Does anyone have any idea typically when the Oct sitting usually starts? Planning to book the Red Cow soon

yournerd

For criminal I’m leaving out characterisation/classification, procedure and arrest etc and courts.

How unlucky can I get to get a paper with 3Q of them like October 2013??

Robbie25808

Company Law:

What is the law in relation to a restriction of Non Executive Director?

Anybody have notes on this as I can't really understand the manual.

It mainly for question 6 September 2014.

frankiejoepat

I'm just looking at consent in sex offences...
My understanding is that our authority used to be DPP v Morgan but then C'OR happened which gave rise to a subjective interpretation of consent and there were calls for an objective interpretation but the court (in C'OR) said that it would have to come through legislation.

New legislation came out last year Crim Law (Sexual Offences) Act, 2017. This changed the law vis-a-vis 'protected persons' but section 48 also reformed consent under section 9 of the criminal law (rape) (amendment) act 1990. This responded to the perceived lacuna post-C'OR but there hasn't been any case looking at it yet so it's too early to say whether it worked or not.

Is there anything I'm missing here? Anything to add? I'm working off an Autumn 2017 manual and it doesn't have this change....

Lindyloo 1

Robbie25808 wrote: »

Company Law:

What is the law in relation to a restriction of Non Executive Director?

Anybody have notes on this as I can't really understand the manual.

It mainly for question 6 September 2014.

s819 applies equally to non executive directors as to executive directors.

May be judged according to their agreed role in the company / skills etc. but all directors have duties to discharge

Lindyloo 1

jus_me wrote: »

Does anyone have any idea typically when the Oct sitting usually starts? Planning to book the Red Cow soon

Timetable for October sittings won't be released until results of this sitting are out which will probably be 4th May. No need to panic about booking hotel (Red Cow and Ibis have loads of rooms)