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

bigtophat13

lawless11 wrote: »

Anyone could drop a line about the difference in due trial about illegally obtained evidence and unconstitutionally obtained evidence? Is there a difference? Or is it the same?

In the very first case in the area O'Brien the court held that illegally obtained evidence would or would not be excluded at the discretion of the trial judge based on fairness etc.

Unconstitutionally obtained is far higher a bar as per O'Brien and where they breached the Constitutional right knowingly it was to be excluded with the exception of situations of emergency like risk of life such as in Dpp v Shaw.

Then you have the whole line of cases O'Brien - > Shaw - > Kenny -> Cash -> DPP v JC

holliek

bigtophat13 wrote: »

In the very first case in the area O'Brien the court held that illegally obtained evidence would or would not be excluded at the discretion of the trial judge based on fairness etc.

Unconstitutionally obtained is far higher a bar as per O'Brien and where they breached the Constitutional right knowingly it was to be excluded with the exception of situations of emergency like risk of life such as in Dpp v Shaw.

Then you have the whole line of cases O'Brien - > Shaw - > Kenny -> Cash -> DPP v JC

I've just focused on unconstitutionally obtained evidence and have all the above cases for that. Is illegally relevant?

JCormac

Anyone else banking on a Land Registration essay for Property?

iamanengine

JCormac wrote: »

Anyone else banking on a Land Registration essay for Property?

I am!

Freckley201

If anyone has any sample answers for company I have some other topics to share.

bigtophat13

holliek wrote: »

I've just focused on unconstitutionally obtained evidence and have all the above cases for that. Is illegally relevant?

Not really, a very fine point. In a problem question they will surely be based on Uncon and an essay will be some spin on the Article generally, DPP v JC or Uncon so don't worry

JCormac

iamanengine wrote: »

I am!

Oh, thank god.

I had doubts about it since the examiner changed a couple of sittings back, so it's a gamble

It was either that or Family Property & there's not enough time in the world to study that topic

ThomasC94

Does anyone have past exam papers for criminal, property and/or contract?

All I can offer is the grids up to October 2016 for Criminal and Property

Thanks

iamanengine

JCormac wrote: »

Oh, thank god.

I had doubts about it since the examiner changed a couple of sittings back, so it's a gamble

It was either that or Family Property & there's not enough time in the world to study that topic

As far as I know the old examiner is back again, that was only for one year! Also registration is due, up I think.

My prediction for the Property paper is, in no particular order:

Succession - 2 Q's
Finding
Registration of Land
Mortgages
Adverse Possession
Easements
Then the mixed 3 part question

(I actually think Landlord and Tenant might come up but I didn't cover it so I left it out lol)

Breacnua

iamanengine wrote: »

As far as I know the old examiner is back again, that was only for one year! Also registration is due, up I think.

My prediction for the Property paper is, in no particular order:

Succession - 2 Q's
Finding
Registration of Land
Mortgages
Adverse Possession
Easements
Then the mixed 3 part question

(I actually think Landlord and Tenant might come up but I didn't cover it so I left it out lol)

co - ownership also.

JCormac

iamanengine wrote: »

As far as I know the old examiner is back again, that was only for one year! Also registration is due, up I think.

My prediction for the Property paper is, in no particular order:

Succession - 2 Q's
Finding
Registration of Land
Mortgages
Adverse Possession
Easements
Then the mixed 3 part question

(I actually think Landlord and Tenant might come up but I didn't cover it so I left it out lol)

Ah savage.

I just hope the second Succession Q isn't an essay question based purely on s117. Yikes

My prediction would be basically the same; with the Easement question hopefully being problem based

iamanengine

JCormac wrote: »

Ah savage.

I just hope the second Succession Q isn't an essay question based purely on s117. Yikes

My prediction would be basically the same; with the Easement question hopefully being problem based

Yeah I don't know if I have enough on S.117 to do a full Q by itself. Does that often come up? I would have thought it usually comes up with LRS

bigtophat13

iamanengine wrote: »

Yeah I don't know if I have enough on S.117 to do a full Q by itself. Does that often come up? I would have thought it usually comes up with LRS

It's come up either or, last exam was very much based on the formal aspects of the will with an essay on the extrinsic evidence aspects and a problem on the form of it based on destruction and witnessing and what not. So it will be up in some guise for sure.

iamanengine

bigtophat13 wrote: »

It's come up either or, last exam was very much based on the formal aspects of the will with an essay on the extrinsic evidence aspects and a problem on the form of it based on destruction and witnessing and what not. So it will be up in some guise for sure.

Oof, hopefully we get lucky!

I just checked my notes though and I have 10 cases on S.117 so actually that would probably be fine to get a passing mark, I'm guessing!

JCormac

iamanengine wrote: »

Yeah I don't know if I have enough on S.117 to do a full Q by itself. Does that often come up? I would have thought it usually comes up with LRS

Q5 October 2017.

I don't mind if it comes up as part of a problem question tbh. It's just the critical analysis of it that I'm dreading, if it comes up that way.

Fingers crossed anyway

Gunslinger92

sapphire309 wrote: »

Is it necessary to learn the procedure by which shares are transferred, i.e. all about share certificates?

I wouldn't say so, there's bugger all about it in my manual and in the sample answers I have

bigtophat13

iamanengine wrote: »

Oof, hopefully we get lucky!

I just checked my notes though and I have 10 cases on S.117 so actually that would probably be fine to get a passing mark, I'm guessing!

As long as you know enough about your cases to show you understand the topic you're golden imo!

iamanengine

JCormac wrote: »

Q5 October 2017.

I don't mind if it comes up as part of a problem question tbh. It's just the critical analysis of it that I'm dreading, if it comes up that way.

Fingers crossed anyway

Just had a look at Q5. The statement mentions legal right share so you would be in the clear to take about LRS and appropriation of the family home as well!

But I agree, had a look at the examiner report, "The question quite clearly merited a critical consideration"...nope

bigtophat13

Anyone who attended the UCD talk in January, what cases did they focus on does anyone know? Would be much appreciated as Carolan is the external and gave that talk.

Nikcan18

Can anyone shed light on their study time table? I'm still working full time but getting a lot done in work and then a couple of chapters in the evening. Finishing study at 9pm but still feel like I should be doing more.. March needs to hurry up and end already😂

Notions

JCormac wrote: »

Anyone else banking on a Land Registration essay for Property?

Same!

Notions

I’m looking and L.L and Tenant now and see someone has commented that they think it won’t come up. What’s the general consensus?

I was thinking the opposite.

Also the past Qs only question RTA 2004 and Alientation no mention of determining whether an agreement is a license or a lease.

Do we think it will come up? And if so, is risking it based on those two only dodge?

Mortgages is a rotten Q.

P.s. I’ve covered
1) finding
2) family property
3) licenses
4) land registration
5) co ownership
6) easements
7) adverse possession

To do: Succession and mortgages or LL & tenant.
Opinions welcome

iamanengine

Notions wrote: »

I’m looking and L.L and Tenant now and see someone has commented that they think it won’t come up. What’s the general consensus?

I was thinking the opposite.

Also the past Qs only question RTA 2004 and Alientation no mention of determining whether an agreement is a license or a lease.

Do we think it will come up? And if so, is risking it based on those two only dodge?

Mortgages is a rotten Q.

P.s. I’ve covered
1) finding
2) family property
3) licenses
4) land registration
5) co ownership
6) easements
7) adverse possession

To do: Succession and mortgages or LL & tenant.
Opinions welcome

Registration, Finding, Mortgages and LL&T were tipped by one of the colleges to come up. Along with Succession and AP which tend to come up every year.

Vegetarian2017

Company
SLP
Ultra vires
Corporate authority
directors
legislative control
restrictions & disqual
min shareholders
borrowing
recievership
realisation of assets

Is there anything anyone esle is not covering re above or anything i could leave out that won't be mixed with another topic ?

Supermax1988

Vegetarian2017 wrote: »

Company
SLP
Ultra vires
Corporate authority
directors
legislative control
restrictions & disqual
min shareholders
borrowing
recievership
realisation of assets

Is there anything anyone esle is not covering re above or anything i could leave out that won't be mixed with another topic ?

I think if you're doing Minority shareholders, do winding up too. They can be mixed in together for a PQ. Receivership is the most popular liquidation topic but I think winding up could be due a run. Hasn't been up in the last 2 I think?

Gunslinger92

Yep, hasn't been up for the last two sittings. It can come up by itself too where you're asked to advise on the law on liquidation on the grounds of inability to pay debts, id love that question!

Also hoping for transfer of shares, very short and straightforward topic

sapphire309

Vegetarian2017 wrote: »

Company
SLP
Ultra vires
Corporate authority
directors
legislative control
restrictions & disqual
min shareholders
borrowing
recievership
realisation of assets

Is there anything anyone esle is not covering re above or anything i could leave out that won't be mixed with another topic ?

I'm leaving out ultra vires and receivers (as it came up last sitting). I am doing winding up, share transfer, and hoping to do corporate authority if I have time!

What is legislative control ...?

iamanengine

Is it time to start panicking yet?

z6vm1dobfnca3x

The OPW have decided to close their public shop... :mad:

Instead, I had to order legislation over the phone and it is being posted today.

Did anyone else do this? How long did it take to arrive?

Guy on the phone said possibly tomorrow but he can't guarantee.

JCormac

iamanengine wrote: »

Is it time to start panicking yet?

You're only starting now?

My days have been 60% panic 40% study since the start of February ¯\_(ツ)_/¯


As an aside, for Criminal, does anybody have any cases regarding the disposal of a weapon (either used in an assault or murder, I'm not fussy) by a secondary party?

Basically, if an older brother provides a weapon to his younger brother that the younger brother uses in an Arrestable offence, after which the older brother was caught disposing of that weapon - Would the older brother be tried as an Accessory after the Fact [s7(2)] or as a party to a Common Design?

- This would be despite the fact that the older brother was never present at the scene of the crime