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

nimcdona

Insta92 wrote: »

I’ve only a really broad knowledge of right to earn a livelihood. Doesn’t tend to be examined too much.

Ok thanks. I'm going to do privacy and the right to communicate well and then know:
-access to courts
- bodily integrity
-right to earn a livelihood
-right to marry and family
with a few cases on each and then just be able to recognise the others.

Does anyone think i'm missing any other important ones?

HappyKitten62

*COMPANY LAW*

Hi guys just wondering if I would be covered with these topics:

Intro - DACS v LTDs
Company Formation
Corporate Veil
Authority of Corp Agents & Capacity
Duties & Reckless/Fraudulent Trading
Restriction & Disqualification
Share Transfer
SH Protection & Remedies
Corp Borrowing
Receivership
Distribution of Corporate Assets on a Winding Up

Thanks!

Redhighking

Daly29 wrote: »

EU - is anyone learning 30 odd case notes? I won't get to pure rote learning until Tuesday or Wednesday. Bit annoying giving up a straightforward Q but don't think I'll have time. Might scan over them for 2 hours or so next week in case I get stuck. Pass rate was 85% last time, thinking this paper might have one or two curve balls, I do hoe not tho. So big.

Any thoughts on case notes?

How I approached the EU case note question was a combination of looking at past exam papers to see what was asked and covering the key underlining cases in most of the EU topics in detail.

By covering these cases in detail, it also gives you an added security blanket to attempt a question on a topic in an exam if stuck. For example when I sat EU, I had covered two of the key merger cases in EU law for the case note question, they didnt come up but I was able to use them in an essay question on mergers even though I had studied that topic in detail at all.

holliek

legaltraineex wrote: »

Is anyone else struggling a lot with tort?

I feel like I have a good grip on the topics but I'm finding it very difficult to approach the exam questions.

I'm the same, I've covered enough topics but find myself confused by what is being asked in some of the questions, mostly the problem q's

supercreative

holliek wrote: »

I'm the same, I've covered enough topics but find myself confused by what is being asked in some of the questions, mostly the problem q's

Same here, I've covered pretty much everything but I genuinely have no clue how to approach some of these questions, particularly the causation ones.

holliek

supercreative wrote: »

Same here, I've covered pretty much everything but I genuinely have no clue how to approach some of these questions, particularly the causation ones.

Only thing in our favour is that we are due a nice paper due to the paper from the last sitting. However I feel I can't depend on hoping for a nice paper. I'm just praying the questions are nice and approachable.

GF612

HappyKitten62 wrote: »

*COMPANY LAW*

Hi guys just wondering if I would be covered with these topics:

Intro - DACS v LTDs
Company Formation
Corporate Veil
Authority of Corp Agents & Capacity
Duties & Reckless/Fraudulent Trading
Restriction & Disqualification
Share Transfer
SH Protection & Remedies
Corp Borrowing
Receivership
Distribution of Corporate Assets on a Winding Up
+ Winding Up

Thanks!

Thats basically what I have covered too.

I left out Intro DACs v LTDs, Formation and Reckless & Fraudulent Trading, but added in Winding Up.

DUMSURFER

What are people's predictions for Tort?

And I'm sorry to be asking again but does anyone have the Spring Exam for Tort & an up-to-date grid?

LawGirl3434

Company:

Can anyone explain to me what exactly a s31 contract is, would it come into a Q on foss v harbottle or something else entirely? Also the relationship with shareholders agreements and special contracts?

Thanks!

FE!student

There are a lot of cases listed in the Constitutional Night Before Notes that are not in my Manual and vice versa, and I'm concerned that I could be missing relevant cases. My manual is 2019. The Family and Education chapter is one example where literally half the cases listed are not in my manual. Has anyone else looked at the Constitutional NB notes yet?

sbbyrne

Property

I read somewhere that a witness to a will doesnt have to be over 18, but i feel like there's contradictions in the sample answers, can anyone clarify this pretty please?

Thanks!

Daly29

FE!student wrote: »

There are a lot of cases listed in the Constitutional Night Before Notes that are not in my Manual and vice versa, and I'm concerned that I could be missing relevant cases. My manual is 2019. The Family and Education chapter is one example where literally half the cases listed are not in my manual. Has anyone else looked at the Constitutional NB notes yet?

Thank you for the heads up. I'll be getting to Constitutional tomorrow and will cross check. Think Constitutional is more evolving than others. The examiner will like to see up to date cases. My 2018 manual reads more like a 2015 one. If the cases are older and cover the same point not a big deal having different ones but probably best to have the most recent major case. Sorry, will only get a feel for differences tomorrow/Sunday

GF612

LawGirl3434 wrote: »

Company:

Can anyone explain to me what exactly a s31 contract is, would it come into a Q on foss v harbottle or something else entirely? Also the relationship with shareholders agreements and special contracts?

Thanks!

I only have a brief understanding of it for the purpose of including with Foss v Harbottle etc.

"S.31 Contract" refers to the fact that when the company is incorporated, that company and its subscribers have, in essence, entered into a binding contract with one another. In that "Contract" (the company's Constitution) there will be rights afforded to the members. Those "s.31 Rights" will not be affected by the rule in Foss v. Harbottle and the members may litigate any issues arising in respect of them.

I have one case on the issue:
Eley v. PGS Life Assurance (1875)
Facts: Solicitor was a member of the company. He was also employed by the company. The Company dismissed him. He sought to rely on a right in the Memo & Arts to prevent his dismissal.
HELD: Where a member seeks to rely on their personal contractual rights (now per s.31) they may only do so in the capacity of a member. He was doing so in his professional capacity and was thus not able to bring the action.

That's my understanding anyway - open to correction though

CiaraND16

Probably a stupid question but can you use multiple different colour highlighters for the legislation?

LawGirl3434

GF612 wrote: »

I only have a brief understanding of it for the purpose of including with Foss v Harbottle etc.

"S.31 Contract" refers to the fact that when the company is incorporated, that company and its subscribers have, in essence, entered into a binding contract with one another. In that "Contract" (the company's Constitution) there will be rights afforded to the members. Those "s.31 Rights" will not be affected by the rule in Foss v. Harbottle and the members may litigate any issues arising in respect of them.

I have one case on the issue:
Eley v. PGS Life Assurance (1875)
Facts: Solicitor was a member of the company. He was also employed by the company. The Company dismissed him. He sought to rely on a right in the Memo & Arts to prevent his dismissal.
HELD: Where a member seeks to rely on their personal contractual rights (now per s.31) they may only do so in the capacity of a member. He was doing so in his professional capacity and was thus not able to bring the action.

That's my understanding anyway - open to correction though

Thank you so much!

sbbyrne

CiaraND16 wrote: »

Probably a stupid question but can you use multiple different colour highlighters for the legislation?

Yeah you can

Supermax1988

sbbyrne wrote: »

Property

I read somewhere that a witness to a will doesnt have to be over 18, but i feel like there's contradictions in the sample answers, can anyone clarify this pretty please?

Thanks!

Doesn't have to be 18 but has to be competent is what my notes say. Can't remember the case but will post it once I'm back at my desk.

sbbyrne

Supermax1988 wrote: »

Doesn't have to be 18 but has to be competent is what my notes say. Can't remember the case but will post it once I'm back at my desk.

Thanks a mill, much appreciated!

Supermax1988

sbbyrne wrote: »

Thanks a mill, much appreciated!

Ok turns out they don't need to be 18 or competent for that matter.

According to my manual, in Smith v Thompson (1931) there was attestation by an infant. Therefore no requirements regarding competence e.g. age or intelligence. As per section 81 of the Succession Act, if a witness is at the time of execution or some time afterwards incompetent to be admitted to prove execution of the will then the will "shall not on that account be invalid."

Hope that helps!

sbbyrne

Supermax1988 wrote: »

Ok turns out they don't need to be 18 or competent for that matter.

According to my manual, in Smith v Thompson (1931) there was attestation by an infant. Therefore no requirements regarding competence e.g. age or intelligence. As per section 81 of the Succession Act, if a witness is at the time of execution or some time afterwards incompetent to be admitted to prove execution of the will then the will "shall not on that account be invalid."

Hope that helps!

Star, thank you!

Wonderstruck

Daly29 wrote: »

REAL PROPERTY
Land and Conveyancing Law Reform Act 2009
Succession Act, 1965

Don't believe you are allowed to bring the memo with it. Someone correct me if im wrong.

https://www.lawsociety.ie/globalassets/documents/education/fe-1/legislativesources.pdf

You can't bring it in, they'll just hand it back if you give them the memo too

Source: just gave them a pile of legislation and they gave me the memo back

Agree with everyone in Tort my head is swimming! :pac: I keep saying everything is concurrent wrongdoers

LeVaterIzVet

Does any kind soul have a sample answer for the Family Home PQ from October 2018?

supercreative

Is your exam number (the one you have to put on all the statutes etc) your candidate number or your ID number? My letter from the Law Society has both and I'm not sure

iamanengine

supercreative wrote: »

Is your exam number (the one you have to put on all the statutes etc) your candidate number or your ID number? My letter from the Law Society has both and I'm not sure

Candidate No

sbbyrne

No.

There's an ID number and a candidate number. If you've sat the exam before its same as always and is located on the letter just underneath the date of the letter.

The candidate number then is your 3 digit one. It's the one that will be on your desk and the one you write on any legislation you're bringing into the exam hall.

Insta92

For Landlord and Tenant Law, what parts of the topic are you all focusing on? My lecturer advised that leases v licenses is never examined so will be omitting same.

iamanengine

Insta92 wrote: »

For Landlord and Tenant Law, what parts of the topic are you all focusing on? My lecturer advised that leases v licenses is never examined so will be omitting same.

I'm only covering the Residential Tenancies Act and the 2019 Amendment.

I read that only the RTA or one other section have come up in the last number of years. Can't remember what the other section was though sorry!

Insta92

iamanengine wrote: »

I'm only covering the Residential Tenancies Act and the 2019 Amendment.

I read that only the RTA or one other section have come up in the last number of years. Can't remember what the other section was though sorry!

Thank you. Other part you’re referring to appears to be the rights of the landlord vs tenant regarding changes in user.

user115

Tort
Do defenses in tort come up much? I'm only really covering the ones specific to certain topics, like absolute/qualified privilege to defamation.

Is it important to know general defenses for tort?

Really wish this exam was just an mcq...so stressful trying to remember and learn off so much

Freckley201

I wouldn't leave out the general defences. Even if it doesn't come up as its own question it can be used in multiple problem questions so can be a handy one for marks.