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

Tony_TwoLegs

jus_me wrote: »

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

Usually first 2 weeks. The sequence stays the same too I think. HOWEVER why book it now? I booked elsewhere on Hotels.com and last week noted the Red Cow was more expensive months ago and cheapest now. I changed venues. Book in Sept

makemecrazy

Constitutional law question, in question two of the October 2017 paper I'm very confused. Is the Constitution superior to EU law or is does it have supremacy? Also, can The Supreme Court rejected decisions of the ECJ? That question was so hard if you weren't doing EU law and his reports offer no clarification.

Robbo

makemecrazy wrote: »

Constitutional law question, in question two of the October 2017 paper I'm very confused. Is the Constitution superior to EU law or is does it have supremacy? Also, can The Supreme Court rejected decisions of the ECJ? That question was so hard if you weren't doing EU law and his reports offer no clarification.

Where the EU has competence, EU Law trumps the Constitution.

The Supreme Court would be extremely unwise to disregard decisions of the CJEU as it opens Ireland up to Member State Liability and Francovich damages, per Kobler.

yournerd

Does anyone know anything about The Harassment and Related Offences Bill 2017 ?

Fergalr2092

yournerd wrote: »

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??

Pretty unlucky I would imagine. Bail, arrest and Detention can form part of a more substantive question, and the Courts can come up as an essay question in itself and has come up a lot.

Personally, I am leaving out classification/characterisation of crimes, however, I would cover Courts (specifically Special Criminal Court and Court of Appeal) and Bail, Arrest and Detention.

yournerd

Fergalr2092 wrote: »

Pretty unlucky I would imagine. Bail, arrest and Detention can form part of a more substantive question, and the Courts can come up as an essay question in itself and has come up a lot.

Personally, I am leaving out classification/characterisation of crimes, however, I would cover Courts (specifically Special Criminal Court and Court of Appeal) and Bail, Arrest and Detention.

Thanks, reading notes here that courts come up every year in some way or another!
Stress levels are up to space at this stage

Fergalr2092

yournerd wrote: »

Thanks, reading notes here that courts come up every year in some way or another!
Stress levels are up to space at this stage

Don't let Courts stress you out, break it down to establishment (Constitution and Legilsation), Jurisdiction, Composition, and then something unique about the Court.

If I was you, (and what I have done to limit the amount) is simply covered the Court of Appeal and the Special Criminal Court in detail. These are the two which have the most substance and therefore are most likely to form a question. A question on the district court or high court would just be a boring two paragraph answer with no caselaw.

For the SCC look for Kavanagh v Ireland and the case taken to the Human Rights Council and distinguish between scheduled and non-scheduled offences.

For the Court of Appeal, note that the Court of Appeal is established in 2013, and this new court has taken over the jurisdiction of the previous Court of Criminal Appeal.

THen beyond that, look at the jurisdiction of each court so the minor/non-minor in the District Court and the Central Criminal Court being the court of first instance for indictable offences. Just know the others very general, the appeals structure etc.

annmc882

essay Q on consent perhaps? What do people think ?

frankiejoepat

Are you saying that because of the changes in the criminal law (sex offences) act, 2017?

annmc882

frankiejoepat wrote: »

Are you saying that because of the changes in the criminal law (sex offences) act, 2017?

I suppose, yeah?

frankiejoepat

Could be I suppose but there's not that much to be said about it, is there?
Take a second to check out my comment on the previous page on this very subject and see what you think.

Fergalr2092

frankiejoepat wrote: »

Could be I suppose but there's not that much to be said about it, is there?
Take a second to check out my comment on the previous page on this very subject and see what you think.

There could actually be a lot to say about consent considering s.48 of the 2017 Act not only provides a definition, but also consolidates the common law positions regarding intoxication, asleep/unconcious, third party consent, lack of resistance, consent by fraud and capacity to consent.

An essay on Consent would essentially now be an essay on Rape generally.

TomRed3

Does anyone know when the exam papers are finalised? I feel like a rape/consent/complicity question could come up between the trial in the papers atm and the 2017 amendments

yournerd

TomRed3 wrote: »

Does anyone know when the exam papers are finalised? I feel like a rape/consent/complicity question could come up between the trial in the papers atm and the 2017 amendments

something on that came up the year it happened. I’d say Joel/killing child/unborn but I’m just guessing!

annmc882

yournerd wrote: »

something on that came up the year it happened. I’d say Joel/killing child/unborn but I’m just guessing!

What are you referring to here? the cavan murder - suicide case?

yournerd

annmc882 wrote: »

What are you referring to here? the cavan murder - suicide case?

Joel v DPP - where the mother was cared by her daughter but left in a terrible condition and died.

They argued it was the HSE intervention of not looking after her properly. Criminal negligence manslaughter case.

Just google it and a lot of news articles will appear explaining it.

Toga Stroll

frankiejoepat wrote: »

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....

Sorry I’m working off an old manual also. What exactly is C’OR?

RyanMcG123

March 2012- Q1

John and Mary bought a plot of land in South County Dublin for €1.2m in 2005 with the intention of building four houses on it which they planned to sell. They obtained planning permission for the development in 2007 and preparatory work started on the site in 2008. John and Mary ran into financial difficulties when a property development they had invested in in Bulgaria collapsed. Due to this financial difficulty, they were unable to continue the development in South County Dublin and the site has now been left with the foundations of the four houses completed but nothing else.

The Oireachtas have introduced an Act entitled the Incomplete Development Act 2012. The Act establishes a body known as the Incomplete Development Property Acquisition and Administration Board. The Board is given various powers under the Act. Section 4 provides that the Board may acquire “incomplete developments.” Section 5 provides that “an incomplete development is one in respect of which works have commenced but not been continued for a period of 2 years or more.” Under the Act, the Board may acquire incomplete for a period of 2 years or more.” Under the Act, the Board may acquire incomplete developments where “it is satisfied that (i) the owners of the development are not in a financial position to complete the development and are not likely to be in such a position for a period of 5 years or more and (ii) that it is desirable in the public interest including the interest in proper planning and development that the development be completed”. Under section 10, where the Board acquires an incomplete development it must pay the “current market value” of the property.

John and Mary received a letter dated 8 February 2012 stating that the Board had decided that their property would be acquired by it in April 2012 and that they will be entitled to a payment of €200,000 being the current market value of the property. John and Mary are very angry about this as they believe the property will be worth a lot more than that if they wait for the property market to recover. They wrote to the Board on 10 February asking if they could “come in and talk to someone about the decision”. The Board has not replied to that letter.

You have been asked to advise John and Mary whether there are any grounds under Irish constitutional law upon which they can prevent the Board from acquiring their property. You have also been asked to advise them as how they might go about taking such steps.


Anyone know how to answer this? I know it relates to partially to property law but not sure what else?

frankiejoepat

Thanks for that!
How important is the C'OR case here? Was the reform in direct response to that case?
Any idea where I can read some commentary on this? I obviously don't understand it well enough. Do we have an objective test for consent in rape now?

Huge thanks for any help!!

annmc882

yournerd wrote: »

Joel v DPP - where the mother was cared by her daughter but left in a terrible condition and died.

They argued it was the HSE intervention of not looking after her properly. Criminal negligence manslaughter case.

Just google it and a lot of news articles will appear explaining it.

THANKS!!!

frankiejoepat

This is the case I'm talking about - C'OR - https://www.independent.ie/irish-news/courts/man-who-raped-mother-on-mothers-day-tells-supreme-court-he-genuinely-believed-victim-consented-to-sex-35208247.html

Robbie25808

Company:

Does anybody know the answer to the second half of this question?

You are required to advise the directors of Crumbs Bakery Limited (the “Company”). The
Company is a private company limited by shares which has 15 shareholders. Five of the
shareholders hold 10 shares each and are the five brothers who incorporated the company to
take over the bakery from their father who had operated as a sole trader. The other ten
shareholders are employees who each hold 5 shares.
The Company has six directors – five of whom are brothers and the sixth is nominated by the
employee shareholders. The directors require your advice in relation to the following two
applications to have shares registered. The two applications are:

(a) One of the employees, Jack died recently and his widow has lodged a stock transfer
form electing to be registered as a member of the Company in relation to Jack’s 5
shares. The directors want to know their rights and obligations in relation to deciding
whether or not to register Jack’s widow as a member.

(b) The second application concerns a request to transfer the 5 shares held by one
employee who is retiring (Fred) to a new employee who is joining (Jason). The directors
are disposed to facilitating this transfer but have noticed that the stock transfer form
has not been stamped by the Revenue Commissioners.

bluntspoon

Just wanted to say thanks to whoever recommended the book "The Supreme Court" the other day (sorry, I can't find the post now). I started reading it last night and it's a great read! Definitely makes Constitutional come alive a bit more.

yournerd

RyanMcG123 wrote: »

March 2012- Q1

John and Mary bought a plot of land in South County Dublin for €1.2m in 2005 with the intention of building four houses on it which they planned to sell. They obtained planning permission for the development in 2007 and preparatory work started on the site in 2008. John and Mary ran into financial difficulties when a property development they had invested in in Bulgaria collapsed. Due to this financial difficulty, they were unable to continue the development in South County Dublin and the site has now been left with the foundations of the four houses completed but nothing else.

The Oireachtas have introduced an Act entitled the Incomplete Development Act 2012. The Act establishes a body known as the Incomplete Development Property Acquisition and Administration Board. The Board is given various powers under the Act. Section 4 provides that the Board may acquire “incomplete developments.” Section 5 provides that “an incomplete development is one in respect of which works have commenced but not been continued for a period of 2 years or more.” Under the Act, the Board may acquire incomplete for a period of 2 years or more.” Under the Act, the Board may acquire incomplete developments where “it is satisfied that (i) the owners of the development are not in a financial position to complete the development and are not likely to be in such a position for a period of 5 years or more and (ii) that it is desirable in the public interest including the interest in proper planning and development that the development be completed”. Under section 10, where the Board acquires an incomplete development it must pay the “current market value” of the property.

John and Mary received a letter dated 8 February 2012 stating that the Board had decided that their property would be acquired by it in April 2012 and that they will be entitled to a payment of €200,000 being the current market value of the property. John and Mary are very angry about this as they believe the property will be worth a lot more than that if they wait for the property market to recover. They wrote to the Board on 10 February asking if they could “come in and talk to someone about the decision”. The Board has not replied to that letter.

You have been asked to advise John and Mary whether there are any grounds under Irish constitutional law upon which they can prevent the Board from acquiring their property. You have also been asked to advise them as how they might go about taking such steps.


Anyone know how to answer this? I know it relates to partially to property law but not sure what else?

I'd say proportionality also and breach of property rights, common good reasons.

yournerd

frankiejoepat wrote: »

This is the case I'm talking about - C'OR - https://www.independent.ie/irish-news/courts/man-who-raped-mother-on-mothers-day-tells-supreme-court-he-genuinely-believed-victim-consented-to-sex-35208247.html

Can someone explain this case pls?

Lindyloo 1

Robbie25808 wrote: »

Company:

Does anybody know the answer to the second half of this question?

...

(b) The second application concerns a request to transfer the 5 shares held by one
employee who is retiring (Fred) to a new employee who is joining (Jason). The directors
are disposed to facilitating this transfer but have noticed that the stock transfer form
has not been stamped by the Revenue Commissioners.

What paper is that from?

ArthurDayne

Robbie25808 wrote: »

Company:

Does anybody know the answer to the second half of this question?

You are required to advise the directors of Crumbs Bakery Limited (the “Company”). The
Company is a private company limited by shares which has 15 shareholders. Five of the
shareholders hold 10 shares each and are the five brothers who incorporated the company to
take over the bakery from their father who had operated as a sole trader. The other ten
shareholders are employees who each hold 5 shares.
The Company has six directors – five of whom are brothers and the sixth is nominated by the
employee shareholders. The directors require your advice in relation to the following two
applications to have shares registered. The two applications are:

(a) One of the employees, Jack died recently and his widow has lodged a stock transfer
form electing to be registered as a member of the Company in relation to Jack’s 5
shares. The directors want to know their rights and obligations in relation to deciding
whether or not to register Jack’s widow as a member.

(b) The second application concerns a request to transfer the 5 shares held by one
employee who is retiring (Fred) to a new employee who is joining (Jason). The directors
are disposed to facilitating this transfer but have noticed that the stock transfer form
has not been stamped by the Revenue Commissioners.

Section 94 CA 2014 -- unlawful for Company to register a share transfer unless a proper instrument of transfer has been furnished.

However, Re Charles Kelly [2010] confirmed that a transfer had been lawfully made even though the instrument had not been stamped. Failure to comply with Revenue requirements did not invalidate the transfer but would leave the Company Secretary liable to a penalty for registering the share without duty.

Toga Stroll

Fergalr2092 wrote: »

Pretty unlucky I would imagine. Bail, arrest and Detention can form part of a more substantive question, and the Courts can come up as an essay question in itself and has come up a lot.

Personally, I am leaving out classification/characterisation of crimes, however, I would cover Courts (specifically Special Criminal Court and Court of Appeal) and Bail, Arrest and Detention.

Would you include the treatment of suspects in custody in this?

ArthurDayne

What cases are people focusing on for the case note question in EU?

Fergalr2092

Toga Stroll wrote: »

Would you include the treatment of suspects in custody in this?

I didn't, and I am simply hoping that doesn't come up. I learned generally that the defendants have a right to silence, and also right to reasonable access to a solicitor, but I was seriously trying to limit the material I covered so to make this a bit more manageable so I left it out.