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

yournerd

LLBeatle wrote: »

Infancy
Murder
Sexual Offences (advise the DPP on the charges that could be raised in 4 different scenarios).
Bail
Provocation
Incitement
Public Order Offences
Harassment
Endangering Traffic
Perjury
Contempt of Court
Property Offences (advise the DPP on charges that could be raised in 4 different scenarios)
Imposing criminal liability for omissions

It was a very busy paper, i stayed away from the essay questions and my hand was ready to fall off at the end of it!

Gunslinger92

EU law: no competition law at all on last sittings paper. do we think it could come up twice? I wouldn't mind that at all to be honest, I strangely enjoy the topic

123456 jo

Gunslinger92 wrote: »

EU law: no competition law at all on last sittings paper. do we think it could come up twice? I wouldn't mind that at all to be honest, I strangely enjoy the topic

Hoping for at least one question to come up on it alright. What other topics you doing for EU Law - really need to cut out ones at this stage !

bluntspoon

Can anyone give me a steer on Q1 from the last Constitutional Paper?

In summary: Gemma sells her car, the buyer deposits €25k cash in her bank account. She later find the bank have frozen her account at the request of the Gardai. The Gardai tell Gemma they've frozen it because they're suspicious about the deposit. They have done so using their powers under the Investigation Assistance Act 2016, which allows them to make a request that any bank deny access to an account "where it is believed that this may assist in ongoing investigations". Gemma asks how long this will take, but the Gardai won't tell her. Advise Gemma if there are any constitutional grounds on which she can challenge this.

It's clearly an interference with her property rights. But I can't figure out what else is going on! Any thoughts would be gratefully received.

XxMCRxBabyxX

Gunslinger92 wrote: »

EU law: no competition law at all on last sittings paper. do we think it could come up twice? I wouldn't mind that at all to be honest, I strangely enjoy the topic

I'd say there's a high risk of it but I'm hoping not because I've been avoiding competition like the plague!

Teamhrach

bluntspoon wrote: »

Can anyone give me a steer on Q1 from the last Constitutional Paper?

In summary: Gemma sells her car, the buyer deposits €25k cash in her bank account. She later find the bank have frozen her account at the request of the Gardai. The Gardai tell Gemma they've frozen it because they're suspicious about the deposit. They have done so using their powers under the Investigation Assistance Act 2016, which allows them to make a request that any bank deny access to an account "where it is believed that this may assist in ongoing investigations". Gemma asks how long this will take, but the Gardai won't tell her. Advise Gemma if there are any constitutional grounds on which she can challenge this.

It's clearly an interference with her property rights. But I can't figure out what else is going on! Any thoughts would be gratefully received.

Note it benefits from the presumption of constitutionality.

Is the interference with property rights proportionate?

Arguably a judicial power that shouldn't be left to Gardaí – need to set out the 5 criteria for assessing judicial power from McDonald v Bord na gCon.

Probably arrive at the conclusion that this is a judicial function the Gardaí are exercising and that it’s a disproportionate interference with her property rights.

bluntspoon

Teamhrach wrote: »

Note it benefits from the presumption of constitutionality.

Is the interference with property rights proportionate?

Arguably a judicial power that shouldn't be left to Gardaí – need to set out the 5 criteria for assessing judicial power from McDonald v Bord na gCon.

Probably arrive at the conclusion that this is a judicial function the Gardaí are exercising and that it’s a disproportionate interference with her property rights.

Oh good. Bord na gCon was my first thought too, but I floundered a bit after that. I guess I'm thrown because I don't know any caselaw about Gardai freezing assets - whether that's okay, what sort of procedures they should follow. Maybe you can get by without it in this one?

Thanks Teamhrach, you've put my mind at ease a bit!

annmc882

Contract Law:

When studying Exemption clauses and Consumer Protection law... in Order to answer Q on exemption clauses and CP, most likely a PQ,
is it safe to leave out EU consumer Law?

EU consumer protection law seems to just come as an essay when it does appear, would this estimation be accurate? unfair contracts, cancellation rights etc

Robbie25808

Company Law:

In the case of Fyfess v DCC did they find that it was a single economic entity?

Lindyloo 1

Robbie25808 wrote: »

Company Law:

In the case of Fyfess v DCC did they find that it was a single economic entity?

Yep, that case reaffirmed SEE still good law in Ireland

Tony_TwoLegs

annmc882 wrote: »

Contract Law:

When studying Exemption clauses and Consumer Protection law... in Order to answer Q on exemption clauses and CP, most likely a PQ,
is it safe to leave out EU consumer Law?

EU consumer protection law seems to just come as an essay when it does appear, would this estimation be accurate? unfair contracts, cancellation rights etc

It came up as an essay on the last paper (IMPACT OF EU HARMONISATION INITIATIVES ON IRISH CONTRACT LAW) so that makes me think it's worth the gamble of ignoring it in depth.
You gotta play the odds with periphial topics otherwise you'd need a memory like Dustin Hoffman in RainMan

Lawhead767

LLBeatle wrote: »

Infancy
Murder
Sexual Offences (advise the DPP on the charges that could be raised in 4 different scenarios).
Bail
Provocation
Incitement
Public Order Offences
Harassment
Endangering Traffic
Perjury
Contempt of Court
Property Offences (advise the DPP on charges that could be raised in 4 different scenarios)
Imposing criminal liability for omissions

I said q1 was criminal and dangerous manslaughter? was i wrong? i also said it involved insanity/diminished responsibility?
feel like i did 4 alright questions my question 1 was so rushed only got a page out of it? i doubt its possible to pass with just 4 questions?? does anyone know what kind of a marker he is ? tough or fair? thanks

Gunslinger92

123456 jo wrote: »

Hoping for at least one question to come up on it alright. What other topics you doing for EU Law - really need to cut out ones at this stage !

I've notes done and am feeling good about-
Competition
Judicial review
Preliminary references
Direct effect/member state liability
Union citizenship

Notes done and feeling meh about-
Free movement of goods
General principles
Institutions

Hoping between all of that and the case note question to be okay!

123456 jo

Gunslinger92 wrote: »

I've notes done and am feeling good about-
Competition
Judicial review
Preliminary references
Direct effect/member state liability
Union citizenship

Notes done and feeling meh about-
Free movement of goods
General principles
Institutions

Hoping between all of that and the case note question to be okay!

I’m doing the exact same !!! Fingers crossed !🀗

BASHBAG

Hey,
Just wondering does anyone know if you'd be able to pull enough information from the EU Treaties and Legislation to cover a question on the Institutions.

Im just looking through it and it has a lot on them. Also could someone tell me which of the institutions came up last sitting?

Thanks

Teamhrach

CONSTITUTIONAL students re Oireachtas:

https://www.rte.ie/news/2018/0313/946988-kerins_supreme_court/

Lawhead767

How was company? Was it anything like the previous paper?

Redbay650

Lawhead767 wrote: »

How was company? Was it anything like the previous paper?

Very straightforward I thought!

Essay on Salomon
Problem on Directors
Problem on Share Transfer
Problem on Restriction
Problem on Shareholder Protection
Essay on Shareholder Meetings
Essay on Changes in 2014 Act
Essay on Corporate Borrowing

Hopefully Constitutional will be as nice a paper!

frankiejoepat

You think question 6 included public order offences? Could it not constitute an assault? Indirectly applying a force or causing impact...

Teamhrach

ANSWER PLANS & ROUGH WORK
- Can you get extra paper in the exam? I find it a struggle and time-consuming going back to the rough work page. I wrote important case names on the question sheet yesterday for criminal and realised afterwards I hadn’t even mentioned some of them in the answer book
- In college I used to put my hand up straight away for paper to do rough work!
- ANY ADVICE/TIPS for this please?

Lawhead767

frankiejoepat wrote: »

You think question 6 included public order offences? Could it not constitute an assault? Indirectly applying a force or causing impact...

i agree but i think they're saying public order offences in relation to the 1st paragraph ie the endangering traffic and offensive behaviour in public?
but its def assault and harasssment in the rest of the q

ArthurDayne

Almost afraid that Company was too straightforward. Think that's the first time ever in an FE1 exam I've had the pick of 7-8 .....wasted about 10 minutes just picking.

In any case -- it really shows just how absolutely mad that last paper was in October. Really hope I pass now because I'm presuming it might be hellish again in March!

purple24

ArthurDayne wrote: »

Almost afraid that Company was too straightforward. Think that's the first time ever in an FE1 exam I've had the pick of 7-8 .....wasted about 10 minutes just picking.

In any case -- it really shows just how absolutely mad that last paper was in October. Really hope I pass now because I'm presuming it might be hellish again in March!

Feeling the same! Failed it in October.. was able to answer all 8 qs this time which seems mad. Did three decent, one dodgy and half a fifth. I was almost too spoilt for choice that I didn’t know where to begin

Redbay650

Has anyone got constitutional predictions they would like to share. Have 2.5 days to cover the course! Pressure is on.

Any help would be appreciated

Gunslinger92

ArthurDayne wrote: »

Almost afraid that Company was too straightforward. Think that's the first time ever in an FE1 exam I've had the pick of 7-8 .....wasted about 10 minutes just picking.

In any case -- it really shows just how absolutely mad that last paper was in October. Really hope I pass now because I'm presuming it might be hellish again in March!

Don't say that I'm doing it next sitting :pac:

FreeFallin94

This is Constitutional Law, Question 4 2012. Aside from referendum case law like Slattery, McKenna, McCrystal etc, what other issues would I be able to bring up here? Is standing relevant since the action is being taken by a group of concerned citizens? Can the Government's abolition of the fundamental rights provisions be challenged under some case law / provision?

Also, in his report the examiner seemed to say that the litigation is very similar to Mahon v Keena - but isn't that case about journalistic sources? I'm not sure how the question is related to that case at all.

Following a terrorist attack in Kilkenny in March 2012, the government announce a plan to
suspend the fundamental rights provisions of the Constitution and to establish a Military Council41
with the power to order the imprisonment or execution of any person suspected of terrorist
sympathies.

Following legal advice, the government indicate that they plan to introduce this scheme by way
of a constitutional amendment. They announce that the referendum will be held in June 2012
but do not specify the exact date.

They also repeal the Referendum Acts and abolish the Referendum Commission.
In April and May, the government append a significant amount of public money on an
advertising campaign in support of a Military Council. Advertising warns of the “terrorists all
around us” and call upon citizens to “Protect Ireland. Protect yourself. Support the Military
Council”.

On May 31st, the government announce that the referendum will be held on June 3rd. They
announce that they will prohibit all advertising on the referendum proposal after May 31st
(including their own) “in the interest of equality and fairness”.

A group of concerned citizens wish to prevent the holding of the referendum. They have asked
you for advice on:

(a) Whether the courts are able or likely to interfere with the holding of a referendum;

And

(b) Whether there are any grounds of Irish constitutional law upon which they might be
able to challenge the government’s behaviour.

Advise them, making sure to refer in your advice to both issues.

HappySlappy123

ArthurDayne wrote: »

Almost afraid that Company was too straightforward. Think that's the first time ever in an FE1 exam I've had the pick of 7-8 .....wasted about 10 minutes just picking.

In any case -- it really shows just how absolutely mad that last paper was in October. Really hope I pass now because I'm presuming it might be hellish again in March!

I wouldn't worry, taking a look at the reports, Mod deletion. Pls don't discuss examiners

SM1803

does anyone know the pass rate for contract?

Lawhead767

SM1803 wrote: »

does anyone know the pass rate for contract?

someone told me its a high pass rate similiar to eu and property

SM1803

Lawhead767 wrote: »

someone told me its a high pass rate similiar to eu and property

Thank you! heres hoping!!