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

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  • Registered Users Posts: 1,328 ✭✭✭the baby bull elephant


    Which number goes on the legislation? The letter gives me an ID number and a candidate number and then asks me to put my exam number on legislation I hand in. I presume it's the candidate number but just wanted to check.


  • Registered Users Posts: 15 xBell123


    Hi

    Would anyone have a grid for constitutional they'd be willing to share?

    Having a panic.


  • Registered Users Posts: 140 ✭✭sapphire309


    Which number goes on the legislation? The letter gives me an ID number and a candidate number and then asks me to put my exam number on legislation I hand in. I presume it's the candidate number but just wanted to check.

    Candidate number, i.e. the short number


  • Registered Users Posts: 233 ✭✭jewels652


    Hello all
    Contract question
    Illegality under common law does not seen to appear at all only illegality under statute I am thinking of leaving out illegality under common Law??

    Too risky?


  • Registered Users Posts: 101 ✭✭kasey0123


    jewels652 wrote: »
    Hello all
    Contract question
    Illegality under common law does not seen to appear at all only illegality under statute I am thinking of leaving out illegality under common Law??

    Too risky?

    I think stat illegality is due a run, I've just decided to tackle it this second.. big case on it seems to be the Quinn case & Hussein, I've seen Cliona Kelly note in her reports that not many people answer on illegality so.

    Common Law illegality seems pretty useless, but it's probably worth reading and learning a case under each heading there's only 7 i think... some are old like contracts to promote immorality.. like cohabitation agreements, silly things like that lol


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  • Registered Users Posts: 14 Law4567


    I’m at a serious loss with equity, any advice on what to cover/leave out? Any help is much appreciated


  • Registered Users Posts: 233 ✭✭jewels652


    kasey0123 wrote: »
    I think stat illegality is due a run, I've just decided to tackle it this second.. big case on it seems to be the Quinn case & Hussein, I've seen Cliona Kelly note in her reports that not many people answer on illegality so.

    Common Law illegality seems pretty useless, but it's probably worth reading and learning a case under each heading there's only 7 i think... some are old like contracts to promote immorality.. like cohabitation agreements, silly things like that lol

    Yes probably safe to do some reading on common Law illegality.
    Can you tell me what’s the Hussein case about? Please.
    I don’t have it on my notes and what other topics are you covering for context?


  • Registered Users Posts: 319 ✭✭jus_me


    Is leaving out equality in EU crazy?


  • Registered Users Posts: 140 ✭✭sapphire309


    jewels652 wrote: »
    Yes probably safe to do some reading on common Law illegality.
    Can you tell me what’s the Hussein case about? Please.
    I don’t have it on my notes and what other topics are you covering for context?

    It was a 2012 case with a very harsh application of statutory illegality, concerned a non-Irish national and employment permit.
    Be careful with the Hussein case - the High Court decision was overturned by the Supreme Court.


  • Registered Users Posts: 15 xBell123


    I've done all my notes on constitutional over the past few months but now Im trying to properly learn them, do you think this is enough:

    President & AG
    Separation of Powers
    Referenda & elections
    Obstacles to constitutional challenge
    Trial in due course of law & Right to a jury trial
    Property rights & Right to earn a livelihood
    Family & education
    Equality

    Also considering whether I should revise Right to life / Abortion? Could be topical considering the referendum?


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  • Registered Users Posts: 4,159 ✭✭✭yournerd


    xBell123 wrote: »
    Hi

    Would anyone have a grid for constitutional they'd be willing to share?

    Having a panic.

    Send me ur email!


  • Registered Users Posts: 1,901 ✭✭✭Gunslinger92


    xBell123 wrote: »
    I've done all my notes on constitutional over the past few months but now Im trying to properly learn them, do you think this is enough:

    President & AG
    Separation of Powers
    Referenda & elections
    Obstacles to constitutional challenge
    Trial in due course of law & Right to a jury trial
    Property rights & Right to earn a livelihood
    Family & education
    Equality

    Also considering whether I should revise Right to life / Abortion? Could be topical considering the referendum?

    I've learned similar to you. Can't decide if it's plenty or not enough! I'm going to have a quick look at abortion alright, I know it pretty well anyways and it's short enough.


  • Registered Users Posts: 101 ✭✭kasey0123


    jewels652 wrote: »
    Yes probably safe to do some reading on common Law illegality.
    Can you tell me what’s the Hussein case about? Please.
    I don’t have it on my notes and what other topics are you covering for context?

    Basically, the case involved statutory illegality in relation to the 2003 Employment Permits Act. The Plaintiff, Mr.Younis was a Pakistani national and he was working in a restaurant as a chef owned by his second cousin, working conditions were horrendous he allegedly worked for 7 years, 7 days a week with one period of time in which he had a month off... He also had little to no english so the cousin was looking after his work permits (which he really wasn't that was the issue!)

    He became aware of his employment rights in late august 2009 after working in horrendous conditions for 7 years, he brought a claim against his cousin in the labour court, they awarded him 90K. However then the cousin made a plea of illegality under the Permits Act as he had no permit to work in Ireland, even though Mr. Younis thought his cousin had his documentation in order...

    Anyone who does not have a permit to work llegally cannot enforce employment rights under irish law, thus the judge I think Justice O Higgins had to strike down the contract as void due to stat illegality... The decision was overturned by SC on a technical point in Judicial review but it was unrelated to illegality so we haven't had any further developement in this regard...

    There's other easy stat illegality to remember like s.3 Fam home protection act, if you did property or family law you can probably bluff on this for a while, then there's s.13 and s.7 of the unfair dismissals act ..

    The main case though is the Quinn Case for implied illegality, there's loads of info on the internet about it (involved guarentees given by the quinns to IBRC in respect of loans given to other companies in the QUINN group, the Quinns alledged the loans were contrary to s.60 of the CA and the Market abuse regualtions. HC agreed, SC overturned it.)

    Basically the SC overturned the HC decision and implemented a policy based approach towards the enforcement of contract where there is alleged illegality.. thus the approach is statute specific rather than case specific. The SC gave a really long winded judgment about it speaking about the ever changing social dynamic and regulatory world and how a rigid application can lead to unfair results... they've taken guidance in this regard from the UK based approach which is also a policy based approach (Mirza v Patel )

    This essentially means that unlike giving trial judges and the courts the discretion to decide for themselves if a contract should be enforceable or unenforceable due to implied ilegality, they now look to the statue that created the illegality in the first place to determine what the aim and objective of the statutue was, this involves looking to the wording and beyond the wording to determine the requirement of public policy!

    If that made ANY sense lol. I am procrastinating


  • Registered Users Posts: 233 ✭✭jewels652


    kasey0123 wrote: »
    Basically, the case involved statutory illegality in relation to the 2003 Employment Permits Act. The Plaintiff, Mr.Younis was a Pakistani national and he was working in a restaurant as a chef owned by his second cousin, working conditions were horrendous he allegedly worked for 7 years, 7 days a week with one period of time in which he had a month off... He also had little to no english so the cousin was looking after his work permits (which he really wasn't that was the issue!)

    He became aware of his employment rights in late august 2009 after working in horrendous conditions for 7 years, he brought a claim against his cousin in the labour court, they awarded him 90K. However then the cousin made a plea of illegality under the Permits Act as he had no permit to work in Ireland, even though Mr. Younis thought his cousin had his documentation in order...

    Anyone who does not have a permit to work llegally cannot enforce employment rights under irish law, thus the judge I think Justice O Higgins had to strike down the contract as void due to stat illegality... The decision was overturned by SC on a technical point in Judicial review but it was unrelated to illegality so we haven't had any further developement in this regard...

    There's other easy stat illegality to remember like s.3 Fam home protection act, if you did property or family law you can probably bluff on this for a while, then there's s.13 and s.7 of the unfair dismissals act ..

    The main case though is the Quinn Case for implied illegality, there's loads of info on the internet about it (involved guarentees given by the quinns to IBRC in respect of loans given to other companies in the QUINN group, the Quinns alledged the loans were contrary to s.60 of the CA and the Market abuse regualtions. HC agreed, SC overturned it.)

    Basically the SC overturned the HC decision and implemented a policy based approach towards the enforcement of contract where there is alleged illegality.. thus the approach is statute specific rather than case specific. The SC gave a really long winded judgment about it speaking about the ever changing social dynamic and regulatory world and how a rigid application can lead to unfair results... they've taken guidance in this regard from the UK based approach which is also a policy based approach (Mirza v Patel )

    This essentially means that unlike giving trial judges and the courts the discretion to decide for themselves if a contract should be enforceable or unenforceable due to implied ilegality, they now look to the statue that created the illegality in the first place to determine what the aim and objective of the statutue was, this involves looking to the wording and beyond the wording to determine the requirement of public policy!

    If that made ANY sense lol. I am procrastinating

    It does make sense indeed.
    Thank you so much


  • Registered Users Posts: 66 ✭✭lawlad101


    Law4567 wrote: »
    I’m at a serious loss with equity, any advice on what to cover/leave out? Any help is much appreciated

    I've done:
    All of injunctions
    Specific performance
    Rectification of unilateral mistake
    Undue Influence
    Three Certainties
    All of charitable including puprose/cy pres
    Constructive trusts
    Trustees

    Then as backups I have:
    Strong v bird/dmc
    Presumption of advancement/purchase money
    Tracing

    Surely this is enough! I hope...


  • Registered Users Posts: 101 ✭✭kasey0123


    jewels652 wrote: »
    It does make sense indeed.
    Thank you so much

    No problem. Dillon Eustace I think have a good leaflet type thing on the Quinn case online.

    Also I'm trying to cover O and A, consideration and estoppel, consumer protection and excl caluses, misrep, terms, frustration, bit on damages and unilateral mistake...

    Leaving out bits of chapters that have just been up, and the likes of privity, agency , formal requirements..

    can't really wrap my head round exemption clauses as of yet, and might do mistaken identity, if i've time...

    What are you doing? there is so much :(


  • Registered Users Posts: 101 ✭✭kasey0123


    Law4567 wrote: »
    I’m at a serious loss with equity, any advice on what to cover/leave out? Any help is much appreciated

    I'm attempting to cover:

    Purpose trusts
    Resulting trusts
    Constructive trusts
    mandatory injunctions
    QT inj
    specific performance, & rectification
    Estoppel
    Learning a few cases for undue influence just in case
    briefly skim through tracing if there's time

    Hoping to get a question and a half of maybe two from Purpose trusts alone :) wishful thinking,

    Seems charitable, purpose trusts, some injunctions and undue influence are very consistent topics if that's any use


  • Registered Users Posts: 24 Pollylou75


    Would anyone have some constitutional past papers I could have. I'm trying to see if I can predict the case note question on the basis of past case note questions. Any tips would be great too


  • Registered Users Posts: 233 ✭✭jewels652


    kasey0123 wrote: »
    No problem. Dillon Eustace I think have a good leaflet type thing on the Quinn case online.

    Also I'm trying to cover O and A, consideration and estoppel, consumer protection and excl caluses, misrep, terms, frustration, bit on damages and unilateral mistake...

    Leaving out bits of chapters that have just been up, and the likes of privity, agency , formal requirements..

    can't really wrap my head round exemption clauses as of yet, and might do mistaken identity, if i've time...

    What are you doing? there is so much :(

    I am doing the same as you but I am going to go through intention to create legal relations you know family relationship Balfour v Balfour and capacity especially minors I think they are due a run.


  • Registered Users Posts: 1,901 ✭✭✭Gunslinger92


    Pollylou75 wrote: »
    Would anyone have some constitutional past papers I could have. I'm trying to see if I can predict the case note question on the basis of past case note questions. Any tips would be great too

    A few pages back someone did what you're trying to do and found that cases almost never come up twice in the case note question :/ I'm treating it as a bonus question rather than one to bank on. Some recent cases that could be on it, in my opinion- dpp v Barry Doyle, NVH v minister for justice, bederev. I could be way off


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  • Registered Users Posts: 24 twitchandsweep


    Contract

    Anyone think parol evidence could come up in some shape or form?


  • Registered Users Posts: 6 Roisin_Law


    Does anyone have contract exam papers they are willing to swap? I have criminal. I also need property and equity papers but contract is the most urgent :-) cant believe it's exam time already!


  • Registered Users Posts: 319 ✭✭jus_me


    Can anyone tell me if there was any surprises in March due to property having a new examiner or did it follow the usual past paper question style??


  • Registered Users Posts: 4,159 ✭✭✭yournerd


    I have the EU and Consttituional material if you wanna shoot your email!


  • Registered Users Posts: 93 ✭✭Townton


    Pollylou75 wrote: »
    Would anyone have some constitutional past papers I could have. I'm trying to see if I can predict the case note question on the basis of past case note questions. Any tips would be great too

    Does anyone have Cities predictions for the constitutional case notes?


  • Registered Users Posts: 1 derv96


    Hi all,

    Just wondering can legislation be tabbed and highlighted? afraid to make a mark on it..


  • Registered Users Posts: 24 twitchandsweep


    derv96 wrote: »
    Hi all,

    Just wondering can legislation be tabbed and highlighted? afraid to make a mark on it..


    Yes you can tab and highlight your legislation just no writing :)


  • Registered Users Posts: 22 olliej


    Anyone know if Griffith or City Colleges recommended topics to focus on for Contract?


  • Registered Users Posts: 387 ✭✭bigtophat13


    Hate to be that person but anyone who just sat that , was it legitimate to put stuff on directors duties into the distributions question? I only had about 5 cases on the distribution and 2 pages and put my directors stuff in in a panic?


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  • Registered Users Posts: 81 ✭✭david_etc


    For the inevitable question about what came up, and for those of you (possibly including me...) studying Company at next sitting:

    Q1: Essay on duty of company to act in interests of the company and its exceptions
    Q2: Problem - duties of receiver
    Q3: Essay on ostensible authority, rule in Turaquand's case and S.40 of the 2014 Act.
    Q4: Problem - personal liability of directors for (a) failing to maintain books/records; (b) fraudulent/reckless trading
    Q5: Essay on restriction orders
    Q6: Problem on distributions
    Q7: Essay on exceptions to Foss v Harbottle/derivative action
    Q8: Problem - (a) retention of title clause; (b) charge over book debts


This discussion has been closed.
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