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

holliek

what are people's thought on leaving out examinership in company?

legalspeelman

Quick question for Constitutional law.

Q3 of the October 2016 exam

"Michael is 15 years old. He is convicted of theft. As a person under the age of 18, he is eligible to be considered for "educational detention" under the Sentencing of Minors Act 2016. This is a form of detention which involves the placing of minors in prisons but in a unit separate from the main population where there is greater access to training and other educational supports, and where the detainees are subject to less restrictions than those provided for by the Prison Rules. It is also a form of detention which is not treated in law as a criminal conviction.

The judge directs that Michael be subject to "educational detention" for a period of two years.

Rule 26(1) of the Prison Rules 2016 allows a prisoner to earn remission on a sentence of 25% "for good conduct, as judged by a prison governor". However, the Prison Rules 2016 are specified in their definition to apply only to "persons detained on foot of a criminal conviction".

Michael considers it unfair that he is not eligible to apply for remission. He asks for your advice as to whether there are any grounds of Irish Constitutional law upon which he can challenge this.

Advise Michael".

Does anybody know how to go about answering this question. Should you discuss the issue of principles and policies in relation to the discretion being left to the prison governor? Not sure how else to go about answering this Q

legalspeelman

holliek wrote: »

what are people's thought on leaving out examinership in company?

You should be fine leaving out examinership. It is a topic that comes up very infrequently, and recently appeared on the October 2017 paper I believe. You would definitely be better off focusing on Liquidation and Receivership, as neither of them came up in the March 2018 paper and they appear very frequently.

LawStudent2018

legalspeelman wrote: »

Quick question for Constitutional law.

Q3 of the October 2016 exam

"Michael is 15 years old. He is convicted of theft. As a person under the age of 18, he is eligible to be considered for "educational detention" under the Sentencing of Minors Act 2016. This is a form of detention which involves the placing of minors in prisons but in a unit separate from the main population where there is greater access to training and other educational supports, and where the detainees are subject to less restrictions than those provided for by the Prison Rules. It is also a form of detention which is not treated in law as a criminal conviction.

The judge directs that Michael be subject to "educational detention" for a period of two years.

Rule 26(1) of the Prison Rules 2016 allows a prisoner to earn remission on a sentence of 25% "for good conduct, as judged by a prison governor". However, the Prison Rules 2016 are specified in their definition to apply only to "persons detained on foot of a criminal conviction".

Michael considers it unfair that he is not eligible to apply for remission. He asks for your advice as to whether there are any grounds of Irish Constitutional law upon which he can challenge this.

Advise Michael".

Does anybody know how to go about answering this question. Should you discuss the issue of principles and policies in relation to the discretion being left to the prison governor? Not sure how else to go about answering this Q

I would focus more on the right to liberty and equality. I don't believe the non-delegation doctrine applies due to the fact that "prison rules" are not a legislative authority. That said, it could be argued that the provision contained therein, infringes upon the sentencing power of the judiciary.

iamanengine

Does anyone have up to date grids for Contract/Criminal/Property/Tort?
I have a bunch of stuff I can swap, I have grids for everything but they are a little old.

HenryHodgson

Hi

Does anyone have up to date samples and grids for EU?

I can offer same for pretty much all other subjects.

Thank you!

yournerd

HenryHodgson wrote: »

Hi

Does anyone have up to date samples and grids for EU?

I can offer same for pretty much all other subjects.

Thank you!

Yes I do! PM if you are still in need!

lawdedaw

Hey all

Quick q - I know you are not allowed to write on the Statutes but is it ok to highlight them?

Leraf

lawdedaw wrote: »

Hey all

Quick q - I know you are not allowed to write on the Statutes but is it ok to highlight them?

I tabbed, highlighted and underlined them.

iamanengine

Would it be safe enough to leave out procedure from Criminal law and cover everything else?

Leraf

iamanengine wrote: »

Would it be safe enough to leave out procedure from Criminal law and cover everything else?

Read it through. An extra line in your answer about how they will be arrested or sentenced or how long they can be held or what court they might be dealt with by etc could be the difference between 49 and 50

the baby bull elephant

Where can you buy the statutes?

lawless11

the baby bull elephant wrote: »

Where can you buy the statutes?

The Office of Public Works. Ring them. Or adverts from people selling them.

Can anyone un-guilt me and agree with me that working in such a weather is pretty much impossible? :pac:

holliek

lawless11 wrote: »

The Office of Public Works. Ring them. Or adverts from people selling them.

Can anyone un-guilt me and agree with me that working in such a weather is pretty much impossible? :pac:

Can you print them? Would it not look the same as if you bought them?

lawless11

holliek wrote: »

Can you print them? Would it not look the same as if you bought them?

Nope you can't unfortunately - and it won't look the same as most are on a yellow-ish paper etc.

TCPIP

I'm having an issue with a Constitutional question (Q2 Autumn 2017) which asks

"Whether the Supreme Court is entitled in reliance on the Irish Constitution to disregard or reject decisions of the Court of Justice of the EU..."

Is that effectively just constructing an argument that on the basis of Art.29.4.10 the ECJ is the new court of final appeal on the basis of Art.260 TFEU?

leek15

Anyone be able to tell me what topics came up in Equity last March please? Have second hand papers/grid and just want to narrow things down as much as possible!!

Teamhrach

lawless11 wrote: »

The Office of Public Works. Ring them. Or adverts from people selling them.

Can anyone un-guilt me and agree with me that working in such a weather is pretty much impossible? :pac:

Its bucketing in Donegal and not going much better!

david_etc

leek15 wrote: »

Anyone be able to tell me what topics came up in Equity last March please? Have second hand papers/grid and just want to narrow things down as much as possible!!

Q1 Undue Influence and 3rd parties (PQ)
Q2 Estoppel - Unconscionability (Essay)
Q3 Donatio Mortis Causa (PQ)
Q4 Note on: Satisfaction; uni-mistake Rectification and Strong v Bird
Q5 Charitable Trusts (PQ)
Q6 Mareva - requisite intention (Essay)
Q7 Quistclose Trusts (PQ)
Q8 Trusteeship - Duty to Invest and Duty to Properly Exercise Discretion (Note)

leek15

Thank you!!

jus_me

Can you leave anything out in EU?

Teamhrach

jus_me wrote: »

Can you leave anything out in EU?

Competition

holliek

Is constructive trusts important for equity? Can’t get my head around it at all!! If so, any tips for headings to help break it down?

Teamhrach

holliek wrote: »

Is constructive trusts important for equity? Can’t get my head around it at all!! If so, any tips for headings to help break it down?

Its quite likely to appear this sitting. I haven't started studying it properly but this was in my notes:
- Have the definition.
- Study new model constructive trust
- Know about fiduciary liabilities
- What's the liability for strangers of the constructive trust.
(not of much use sorry!)

iamanengine

Does anyone know how harshly you are penalised if you state the point of law and facts of a case but don't remember the name?

Blazedup

Is there any library or building around ucc that's open late to study that u don't have to scan into with a card

bigtophat13

What do we fancy for Equity? Thinking Tracing is due as well as Specific performance and maybe new model constructive trusts? Worried that I'm wasting time with secret trusts as they're so rarely up but are they due does anyone think? I have my own imperfect version of a grid done for it but it just seems quite unpredictable or am I wrong?

legaleagle2010

bigtophat13 wrote: »

What do we fancy for Equity? Thinking Tracing is due as well as Specific performance and maybe new model constructive trusts? Worried that I'm wasting time with secret trusts as they're so rarely up but are they due does anyone think? I have my own imperfect version of a grid done for it but it just seems quite unpredictable or am I wrong?

Literally just having a last review lecture,

-3 certainties
-charitable purpose trusts, cy pres, non charitable purpose trusts
-constructive trusts
-tracing
-quia timet injunctions
-mandatory interlocutory injunctions
-specific performance
-undue influence

holliek

bigtophat13 wrote: »

What do we fancy for Equity? Thinking Tracing is due as well as Specific performance and maybe new model constructive trusts? Worried that I'm wasting time with secret trusts as they're so rarely up but are they due does anyone think? I have my own imperfect version of a grid done for it but it just seems quite unpredictable or am I wrong?

I left out secret trusts for this sitting too

holliek

Predictions/essential topics for company?