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

Supermax1988

sapphire309 wrote: »

Would anyone have a sample answer on Tracing for Equity they could share with me? Just realised my notes are only a page and a half long and barely covers the general principles

I could also do with this if any kind soul was willing to share!

Roisin Phelan

Hi guys,

Hope all going well for everyone!

Last day tomorrow!

Have the following covered for equity, others thoughts would be helpful, thanks 🙂

UI
Injunctions - interloc & QT
Tracing
New model constructive trusts
Estoppel
Express trusts
Resulting trusts

Going to attempt cy pres today.

MagicThree18

I'm feeling the nerves ahead of Equity tomorrow, but also taking comfort knowing how well I did on my last attempt, in October 2017, with such a poor effort.

I did a very good problem question on Mandatory Interlocutory Injunctions, an okay problem question on Joint-Accounts, an average, but very small, essay on Defences to Specific Performance, a poor effort on Anton Piller Orders where I only had the Anton Piller case/test, then I finished up with a very poor effort on Tracing, where I just basically explained what it was in general terms without reference to any case law. I got 42%.

The old FE1 cliche is that you need five good questions and, in my experience at least, that's doubly true for Equity.

We can do it!

Roisin Phelan

Hi guys,

Hope all going well for everyone!

Last day tomorrow!

Have the following covered for equity, others thoughts would be helpful, thanks 🙂

UI
Injunctions - interloc & QT
Tracing
New model constructive trusts
Estoppel
Express trusts
Resulting trusts

Going to attempt cy pres today.

jus_me

I talked about article 258 and 260 and the avenues to down for the breach for the question that was clearly meant to be direct effect (question 2) please tell me I’ll get some marks for that or that someone else mentioned this haha

lawless11

Any inspirational stories of four waffled answers & an invented case note for a pass?

Tony_TwoLegs

Two ok answers. A bluffer casenotes attempt. Bullsh*t advice to Lola. An eloquent letter of more bullsh*t to the UK government..... hmmmm.... that's 105 notes down the drain and a headache for the journey home!

Freckley201

Ugh, so that was awful.

Where was the insitutions question?? I was counting on that to have one good one on paper. Would have loved two FMG questions too.

All the questions were tricky. Devo.

Ethan90

Thats the first fe1 iv done where being able to answer the previous 3~4 papers didnt matter a ****e. It was a big departure. I alot of mucking around mixing fmg with proportionality and Fr but focusing on the charter. As for Lola your just best to marry Fred and poop out that baby asap.

Magic Mike 1234

Does anyone think you could pass the property exam with 3 good questions? 2 Good enough succession questions although I did mix up s 86 and 85 and wrote the wrong legal right shares. I did a good s.90 question a good easment question a **** co ownership question and an alright question and a fairly ok adverse possession question... it's been braking my balls yesterday! I am doomed ainn't I

lawless11

Ethan90 wrote: »

As for Lola your just best to marry Fred and poop out that baby asap.

Basically what I said in the conclusion?? Lmao. It wouldn't hurt as much if it wasn't 105€.

kasey0123

Any chance I could just do express trusts, trustee duties, constructive trusts, mandatory injunctions, quia timet, specific performance estoppel and rectification and possibly MAYBE be able to answer 5 questions. ? Help sos

FE1s2018

Three questions with 1 theme.

Q1- Is there any extenuating circumstances with the FE-1's for medical emergency/ bereavement of family member type thing or would that just get you a refund as opposed to being considered when correcting?

Q2- Is there an opportunity to view your scripts when you get your result, before you can decide to appeal? Is the result given- e.g. Constitutional- 46- or does it give a break down for the marks awarded in each section?

Q3- How is it like legal for them to fail you for papers you passed even if you didn't pass 3 in the one go? Like say you passed two and failed two- how can they fail you for the 4?

Supermax1988

FE1s2018 wrote: »

Three questions with 1 theme.

Q1- Is there any extenuating circumstances with the FE-1's for medical emergency/ bereavement of family member type thing or would that just get you a refund as opposed to being considered when correcting?

Q2- Is there an opportunity to view your scripts when you get your result, before you can decide to appeal? Is the result given- e.g. Constitutional- 46- or does it give a break down for the marks awarded in each section?

Q3- How is it like legal for them to fail you for papers you passed even if you didn't pass 3 in the one go? Like say you passed two and failed two- how can they fail you for the 4?

They definitely won't make any allowances in how they mark the script regardless of what your extenuating circumstances may be. You might be entitled to a refund if you can show a doctor's cert/death cert. But I'm not sure if that only applies to exams that you didn't actually sit. Best to call the Law Soc directly and ask.

You can't review your papers which I think is total bulls*** and according to other posters on here they don't even re-examine your paper when you pay for an appeal. All they do is re-tot up the marks given to make sure there was no mistake on that front. Hardly worth the €115 and extra 6 weeks waiting.

As for the pass 3 or fail all thing? It's their rules and if you want to go their school you gotta play by them. As someone who has missed out on the magic three in the last two sittings (failing Equity both times!!) I'm not a fan of it, but I can't see them changing it anytime soon.

Anyways, back to cramming for Equity!

Vegetarian2017

This argument

FE1s2018 wrote: »

Three questions with 1 theme.

Q1- Is there any extenuating circumstances with the FE-1's for medical emergency/ bereavement of family member type thing or would that just get you a refund as opposed to being considered when correcting?

Q2- Is there an opportunity to view your scripts when you get your result, before you can decide to appeal? Is the result given- e.g. Constitutional- 46- or does it give a break down for the marks awarded in each section?

Q3- How is it like legal for them to fail you for papers you passed even if you didn't pass 3 in the one go? Like say you passed two and failed two- how can they fail you for the 4?

HI FE1
They will refund you for the exams you have not sat if you have a cert but will keep an admin fee.
We have a thread going at the moment regarding a challenge to some of the FE1 rules (within reasons suggestions only being made at this point). I am not sure about a family bereavement and marking papers taking it into account? Maybe another poster could answer this. Have a look on the other thread for yourself if you are interested in taking part, thanks.

sapphire309

kasey0123 wrote: »

Any chance I could just do express trusts, trustee duties, constructive trusts, mandatory injunctions, quia timet, specific performance estoppel and rectification and possibly MAYBE be able to answer 5 questions. ? Help sos

I'm doing the same as you, except charitable instead of constructive, only 3 certainties (not constitution, strong v bird or DMC), and I barely know estoppel

MagicThree18

kasey0123 wrote: »

Any chance I could just do express trusts, trustee duties, constructive trusts, mandatory injunctions, quia timet, specific performance estoppel and rectification and possibly MAYBE be able to answer 5 questions. ? Help sos

Quia timet, specific performance and constructive have all been tipped.

You could also get a three-part question asking for notes on rectification and something from express trusts.

That would leave you looking for fifth question from trustees duties, estoppel.

There's a lot of ifs an maybes in there. It's possible. Unlikely, but possible.

LawBoy2018

What came up for EU?

MagicThree18

No offence, but there's people on here that need to take a step back. Having your exam script marked differently because of personal circumstances? We're going from claiming that there's no transparency and objectivity to a situation of pure subjectivity, all in the name of fairness. Seriously.

Vegetarian2017

Magic 3 with all due respect, the poster above has clearly just received some distressing news and is asking a question regarding the process under those circumstances and I am sure your response wasnt helpful nor very considerate. You will see his query was responded to that he /she would get a refund. Don't worry no ones script will be getting extra marks if that is your concern. I don't think that poster has complained 're lack of transparency.

ArthurDayne

All kicking off here !

Anyway -- does anyone know how you would differentiate QT or Interlocutory in problem questions? So say someone is anticipating a violation of their right in the near future -- how do you know whether to apply a Quia Timet approach or advise an interlocutory approach? They seem to be similar circumstances but the answers would be totally different of course as they have different effects and different case law.

Am I being thick or is there a quick way of identifying which one is relevant in a PQ scenario?

Wonderstruck

ArthurDayne wrote: »

All kicking off here !

Anyway -- does anyone know how you would differentiate QT or Interlocutory in problem questions? So say someone is anticipating a violation of their right in the near future -- how do you know whether to apply a Quia Timet approach or advise an interlocutory approach? They seem to be similar circumstances but the answers would be totally different of course as they have different effects and different case law.

Am I being thick or is there a quick way of identifying which one is relevant in a PQ scenario?

Has it happened yet?

Quia timet - because he fears. You can't have a quia timet injunction if stuff has already started happening.

MagicThree18

Vegetarian2017 wrote: »

Magic 3 with all due respect, the poster above has clearly just received some distressing news and is asking a question regarding the process under those circumstances and I am sure your response wasnt helpful nor very considerate. You will see his query was responded to that he /she would get a refund. Don't worry no ones script will be getting extra marks if that is your concern. I don't think that poster has complained 're lack of transparency.

If you're going to admonish me on my remarks, try not to get your own feet wet in the gutter.

To the OP who's just received some bad news - my own father died suddenly and without any warning during the March sitting. I told the Law Society and they still docked me 20% on every exam that I didn't sit. They don't care.

Do your best with the exams you have left and then forget about them. Trust me, they're not worth worrying about at a time like this. Sorry for your loss.

Vegetarian2017

MagicThree18 wrote:

If you're going to admonish me on my remarks, try not to get your own feet wet in the gutter.

MagicThree18 wrote:

To the OP who's just received some bad news - my own father died suddenly and without any warning during the March sitting. I told the Law Society and they still docked me 20% on every exam that I didn't sit. They don't care.

MagicThree18 wrote:

Do your best with the exams you have left and then forget about them. Trust me, they're not worth worrying about at a time like this. Sorry for your loss.

Very sorry to hear that then I am sure you understand more than i do! How do you mean get my feet wet in the gutter? Sorry not sure of that comment, i was pointing out I am sure the poster needed a helpful response at this time.

MagicThree18

ArthurDayne wrote: »

All kicking off here !

Anyway -- does anyone know how you would differentiate QT or Interlocutory in problem questions? So say someone is anticipating a violation of their right in the near future -- how do you know whether to apply a Quia Timet approach or advise an interlocutory approach? They seem to be similar circumstances but the answers would be totally different of course as they have different effects and different case law.

Am I being thick or is there a quick way of identifying which one is relevant in a PQ scenario?

You've answered your own question. You'll know it when you see it. Also keep an eye out of any references to 'expert reports' etc. because that will be a factor in a problem question on QT.

It's good you brought this up actually because it's a reminder for all of us not to jump into an injunction question without first knowing what's required.

A tip our lecturer gave us was to also look out for any mention of a contract or agreement because in the past some candidates have jumped into a specific performance question thinking it was an injunction issue. If you see contract, think remedies generally but specific performance/rectification in particular.

bigtophat13

ArthurDayne wrote: »

All kicking off here !

Anyway -- does anyone know how you would differentiate QT or Interlocutory in problem questions? So say someone is anticipating a violation of their right in the near future -- how do you know whether to apply a Quia Timet approach or advise an interlocutory approach? They seem to be similar circumstances but the answers would be totally different of course as they have different effects and different case law.

Am I being thick or is there a quick way of identifying which one is relevant in a PQ scenario?

Wonderstruck wrote: »

Has it happened yet?

Quia timet - because he fears. You can't have a quia timet injunction if stuff has already started happening.

MagicThree18 wrote: »

You've answered your own question. You'll know it when you see it. Also keep an eye out of any references to 'expert reports' etc. because that will be a factor in a problem question on QT.

It's good you brought this up actually because it's a reminder for all of us not to jump into an injunction question without first knowing what's required.

A tip our lecturer gave us was to also look out for any mention of a contract or agreement because in the past some candidates have jumped into a specific performance question thinking it was an injunction issue. If you see contract, think remedies generally but specific performance/rectification in particular.

So would my understanding be correct that a QT can be both mandatory and prohibitory? So making someone fulfil their part of the bargain while waiting for a further (say specific performance) action would be just a simple mandatory injunction but making someone build a fence because their sewage plant might damage your crops would be a mandatory quia timet?

MagicThree18

Vegetarian2017 wrote: »

Very sorry to hear that then I am sure you understand more than i do! How do you mean get my feet wet in the gutter? Sorry not sure of that comment, i was pointing out I am sure the poster needed a helpful response at this time.

Thanks.

I thought your reference to my potentially being concerned about other people's grades was cheap, hence my 'gutter' remark. Either way let's move on.

Tony_TwoLegs

Supermax1988 wrote: »

As for the pass 3 or fail all thing? It's their rules and if you want to go their school you gotta play by them. As someone who has missed out on the magic three in the last two sittings (failing Equity both times!!) I'm not a fan of it, but I can't see them changing it anytime soon.

Anyways, back to cramming for Equity!

Been there.... got the tee-shirt with equity (albeit I passed 3 and failed 1. I passed it on my 3rd sitting. Don't lose heart. I did. It's the hardest marked rhetoric suggests.

MagicThree18

bigtophat13 wrote: »

So would my understanding be correct that a QT can be both mandatory and prohibitory? So making someone fulfil their part of the bargain while waiting for a further (say specific performance) action would be just a simple mandatory injunction but making someone build a fence because their sewage plant might damage your crops would be a mandatory quia timet?

It's my understanding that QT's are only prohibitory in nature.

bigtophat13

MagicThree18 wrote: »

It's my understanding that QT's are only prohibitory in nature.

Y'know, I think you're right, saw it on here a couple days ago someone saying how to go at either a prohibatory or a mandatory QT and it scared me. I can't see her muddling the 2 anyway as that would catch so many?