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

the great communicator

graduate555 wrote: »

Would someone mind clearing up whether you would apply scope or close connection test in a vicarious liability situation? My notes just say the court applies them interchangeably, and that scope applies for intentional wrongs - but the cases seem to show the opposite..

http://www.clydeco.com/insight/article/mohamud-v-wm-morrison-supermarkets-supreme-court-decision-on-vicarious-liab

I think that's a good summary and also a handy recent case.

kyliewyote7

the great communicator wrote: »

Could someone very kind please summarise what Hanrahan v Merck Sharpe and Dohme adds/changes/or says about res ipsa loquiter.

I must have read it ten times now and I haven't a clue, I just need a line it's my absolute emergency topic.

My reading is it added that the matter to be proved was within the particular knowledge of the defendant. I don't have an in depth understanding of it as like you I just wanted a line about it so someone may correct me on that.

MurphyL

So this is a very stupid question but what is fair procedures? Is that essentially trial in due course of law? Manual doesn't refer to it

graduate555

kyliewyote7 wrote: »

My reading is it added that the matter to be proved was within the particular knowledge of the defendant. I don't have an in depth understanding of it as like you I just wanted a line about it so someone may correct me on that.

I've understood the same - the evidence needed must be impossible for the plaintiff to come by because it is exclusively within the defendants knowledge, not just easier for the defendant to prove because of his skills, knowledge, etc

Lindyloo 1

the great communicator wrote: »

Could someone very kind please summarise what Hanrahan v Merck Sharpe and Dohme adds/changes/or says about res ipsa loquiter.

I must have read it ten times now and I haven't a clue, I just need a line it's my absolute emergency topic.

Yes it's a tricky one alright! My manual says phrasing has been criticised as it implies it's an extension to rule but it's not, it's just a caveat to normal rule.

Shift onus of proof onto defendant where he has particular knowledge of what happened that plaintiff couldn't possibly know about. If def can't show he wasn't negligent then act can be the evidence.

Sorry if not much clearer, just about getting it myself!

the great communicator

MurphyL wrote: »

So this is a very stupid question but what is fair procedures? Is that essentially trial in due course of law? Manual doesn't refer to it

They're separate issues, check your manual under personal or unenumerated rights for fair procedures. I'd be very surprised if it wasn't covered.

graduate555

MurphyL wrote: »

So this is a very stupid question but what is fair procedures? Is that essentially trial in due course of law? Manual doesn't refer to it

Fair procedures can be either Art 38 for criminal or in civil procedures it is the unenumerated right with the main case of Re Haughey

MurphyL

the great communicator wrote: »

They're separate issues, check your manual under personal or unenumerated rights for fair procedures. I'd be very surprised if it wasn't covered.

Is this the elements of a fair hearing? Notice, notice and reply etc?

the great communicator

MurphyL wrote: »

Is this the elements of a fair hearing? Notice, notice and reply etc?

Yeah that's it, I don't think it comes up as a full question but rather part of one.

Lindyloo 1

MurphyL wrote: »

So this is a very stupid question but what is fair procedures? Is that essentially trial in due course of law? Manual doesn't refer to it

Your manual definitely has it. It's very important. It might be in chapter with right to a good name but it's not exclusively about good name.

Fair procedures are for when someone is trying to infringe or take away any of your rights.

Trial in due course of law is in the criminal setting only.

graduate555

Lindyloo 1 wrote: »

Your manual definitely has it. It's very important. It might be in chapter with right to a good name but it's not exclusively about good name.

Fair procedures are for when someone is trying to infringe or take away any of your rights.

Trial in due course of law is in the criminal setting only.

Would you say fair procedures also includes proportionality assessment? I read a sample answer from one of the grind schools on property rights which kept referring to proportionality as fair procedures which seriously confused me!

MurphyL

Lindyloo 1 wrote: »

Your manual definitely has it. It's very important. It might be in chapter with right to a good name but it's not exclusively about good name.

Fair procedures are for when someone is trying to infringe or take away any of your rights.

Trial in due course of law is in the criminal setting only.

I don't know why I can't grasp this so what would your answer be based on Specifically? The national and constitutional justice part of personal rights? Sorry for the questions and thanks for taking the time to reply!

Lindyloo 1

graduate555 wrote: »

Would you say fair procedures is also proportionality assessment? I read a sample answer from one of the grind schools on property rights which kept referring to proportionality as fair procedures which seriously confused me!

Re fair procedures - proportionality in that context probably means that the procedures depends on the situation you're in.

Re proportionality in the other sense, you can potentially talk about proportionality in any legislative setting but I wouldn't get into it unless specifically asked to.

I read some of those sample answers before doing constitutional and found that they can leave you feeling a bit inadequate and uncertain so don't focus on them too much.

Lumi77

MurphyL wrote: »

So this is a very stupid question but what is fair procedures? Is that essentially trial in due course of law? Manual doesn't refer to it

No fair procedures is related at art 40.3 unenumarated rights and trial in due course is art 38
Hope that helps

Lindyloo 1

MurphyL wrote: »

I don't know why I can't grasp this so what would your answer be based on Specifically? The national and constitutional justice part of personal rights? Sorry for the questions and thanks for taking the time to reply!

Sorry I'm not quite following you. It really will depend on the question that comes up. Fair procedures/natural justice in non criminal setting can arise in problem q where a right is being infringed or in essay question eg fair procedures being context sensitive. All the best with it.

shellbm

Would I be crazy to leave out landlord and tenant law for property? Really struggling to get my head around it, my notes for it are over 20 A4 typed pages and I am wondering whether I would be better off knowing other topics in detail rather than spreading myself too thin??

irishasj

For constitution I have -

Interpretation
AG
Non-delegation Doctrine
Judicial Power
Executive power
Locus Standi
Proportionality
Presumption of Constitutionality
Unconstitutionality
History of Unenumerated rights
Right to life
Right to life of the unborn and the mother
Right to Privacy and Justice in Public
Religion
Equality
Liberty
Family and Education
Property Rights and Livelihood

Do you think I should look at anything else in particular?? Thanks!

laurenburne

Could anyone enlighten me as to the difference between an incremental approach and a broad approach?

It confuses me alot

the great communicator

irishasj wrote: »

For constitution I have -

Interpretation
AG
Non-delegation Doctrine
Judicial Power
Executive power
Locus Standi
Proportionality
Presumption of Constitutionality
Unconstitutionality
History of Unenumerated rights
Right to life
Right to life of the unborn and the mother
Right to Privacy and Justice in Public
Religion
Equality
Liberty
Family and Education
Property Rights and Livelihood

Do you think I should look at anything else in particular?? Thanks!

Add freedom of expression it's his favourite topic

Lumi77

irishasj wrote: »

For constitution I have -

Interpretation
AG
Non-delegation Doctrine
Judicial Power
Executive power
Locus Standi
Proportionality
Presumption of Constitutionality
Unconstitutionality
History of Unenumerated rights
Right to life
Right to life of the unborn and the mother
Right to Privacy and Justice in Public
Religion
Equality
Liberty
Family and Education
Property Rights and Livelihood

Do you think I should look at anything else in particular?? Thanks!

Expression comes up a lot

Robbie25808

Easements:
Does anyone know what the rule in wheldon v Burrows is?
And if so is it important or does it ever come up?

Lumi77

I have a question please read Constitutonal exam as I am now panicking
Did anyone ignore the private liberty and mainly heabus corpus please.
Just had a look at past papers again and come up in last years.
Thought is more relevant to criminal law
Thank you

OMGWACA

Contract night before notes are also up!

Ferry.Man

Hi quick question regarding property law:
When doing a question on the systems of land registration do you have to include the equitable principles and the 1707 rules which relates to the transfer of unregistered land? Struggling to get my head around this topic!! thanks!

Dunne1995

Anyone know if the Mahon v Keena case is just that journalists don't have to give up a confidential source?

Redo91

Lumi77 wrote: »

I have a question please read Constitutonal exam as I am now panicking
Did anyone ignore the private liberty and mainly heabus corpus please.
Just had a look at past papers again and come up in last years.
Thought is more relevant to criminal law
Thank you

I noticed heabus corpus coming up too. What topic is that even under?

Gunslinger92

shellbm wrote: »

Would I be crazy to leave out landlord and tenant law for property? Really struggling to get my head around it, my notes for it are over 20 A4 typed pages and I am wondering whether I would be better off knowing other topics in detail rather than spreading myself too thin??

I didn't study it and I had a choice of questions when I sat property.. you'd probably be okay so long as you had enough other topics prepared. That said I don't think it came up last sitting so it may be due an appearance?

ArthurDayne

hey this is pretty daft but if anyone has the Tort October 2016 paper in front of them, I was looking at question 3 and wondering if that's considered vicarious liability or is it more a general negligence/public authority question?

Lumi77

Redo91 wrote: »

I noticed heabus corpus coming up too. What topic is that even under?

Liberty

annmc882

ArthurDayne wrote: »

hey this is pretty daft but if anyone has the Tort October 2016 paper in front of them, I was looking at question 3 and wondering if that's considered vicarious liability or is it more a general negligence/public authority question?

Not Vic anyways