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

ahhhhhFE1s

JCormac wrote: »

EU

Just after looking at the notes on Citizenship I have for the first time and the whole area of Student Grants along with Equal Treatment is completely AWOL.

Would be eternally grateful if someone had notes on the area.

Totally willing to swap what I have, or my firstborn child!

Not sure if you got sorted but will below is what I have from my notes...

Right to Equal Treatment for EU Citizens:
• Art.24 Directive 2004/38 states that EU citizens with a right of residence have a right to equal treatment with all nationals of that MS.
• Art.18 TFEU creates a general prohibition on discrimination on grounds of nationality.
• However - Art.24(2) Directive allows MS to refuse social assistance during the first three months of residence & states MS are not obliged prior to permanent residence to provide student grants/loan unless person is a worker (economically active).
• Reaffirmed in Garcia-Nieto and Ors [2016] that there’s no requirement on a MS to offer social assistance to economically inactive EU citizens from social assistance during the first 3 months
• Bickel and Franz - German and Austrian were on trial in Italy. Italian law permitted German speakers in this region to have judicial matters dealt with in German. In light of the right to free movement and treatment, the two men should have been entitled to the same treatment, no less favourable. This is despite criminal legislation being a MS competency .
• Huber v Germany - German government maintained a database of information on resident non-German EU citizens, which it claimed was necessary for crime fighting, but didn’t maintain the same on German citizens. Held to amount to a breach of Art.18. TFEU.

Entitlement to study finance for EU migrant worker
• Article 166 (1) TFEU- vocational training policy
• By virtue of Article 7(3) of Regulation 492/2011 EU migrant workers are entitled to access to training in vocational schools and retraining centres under the same conditions as national workers

Enrolment Fee
• Forcheri Case –Italian spouse of a migrant worker was entitled to not pay enrolment fees- the same as nationals
• Gravier v City of Liege – any form of education which prepares for a qualification for a particular trade, employment or profession and provides the necessary skills, whatever the age or level of the students
• Blaizot v University of Liege – in general university course can be considered to be vocational training- preparatory
Grants
• Forster, here German woman in Netherlands was denied a student grant as she was not economically active (working) and had been living there for less than 5 years, was a discriminating rule as it did not apply to Dutch nationals, however ECJ held as per Art.24(2) MS can refuse student grants to EU citizens who don’t have permeant residence.
• ECJ states that rule was justified and proportionate as otherwise it would be an unreasonable burden of the MS which could affect the overall level of their grant system.
• Lair v Universität Hanover- The ECJ ruled that although she was a worker “some continuity between the previous occupation and the course of study” was required in order to obtain a grant for university education- still entitled to enrolment fees
o However, if a worker becomes involuntarily unemployed and is “obliged by conditions of the job market to undertake occupational training in another field of activity”, he/she will be entitled to general measures of support such as grants and loans.
• Brown v Secretary of State for Scotland (contrast)- employment is merely ancillary to studies, migrant workers are not entitled to financial assistance for their study in the host Member State.
• Bernini -ECJ held that as long as there was a link, didn’t matter where the course was located.

iamanengine

Legal23 wrote: »

I'm in the same position as you both, have done a good bit over the past few weeks but now feel like I don't know a thing. What way are you approaching it, are you rote learning statutes and cases or are you preparing exam questions? Don't know where to start really....

Honestly, not sure what the best way to go about it is.

At the moment I'm just reading all of my notes. On my second pass over them I will probably focus more on learning off cases.

illy.m

TillyG & Hamerzan Sickles - thank you sooo much! Exactly what I was looking for.

neon123

Hi folks, would anyone have an up to date exam grid for Company ? I had one saved somewhere but can’t for the life of me find it now Cheers!

20082014

CRIMINAL

In relation to sexual offences - if in a problem q it states that 'Sean had non-consensual sex with Mary and Mary is 16' - would Sean be liable under S.2 1981 Act AND the Criminal Law Sexual Offences Act 2006? I am not sure if the 1981 Act applies to minors??

Looking at an exam question but unfortunately dont have an examiner's report for that year, head is getting a bit fried!

Any help would be greatly appreciated!

JCormac

ahhhhhFE1s wrote: »

Not sure if you got sorted but will below is what I have from my notes...

Right to Equal Treatment for EU Citizens:
• Art.24 Directive 2004/38 states that EU citizens with a right of residence have a right to equal treatment with all nationals of that MS.
• Art.18 TFEU creates a general prohibition on discrimination on grounds of nationality.
• However - Art.24(2) Directive allows MS to refuse social assistance during the first three months of residence & states MS are not obliged prior to permanent residence to provide student grants/loan unless person is a worker (economically active).
• Reaffirmed in Garcia-Nieto and Ors [2016] that there’s no requirement on a MS to offer social assistance to economically inactive EU citizens from social assistance during the first 3 months
• Bickel and Franz - German and Austrian were on trial in Italy. Italian law permitted German speakers in this region to have judicial matters dealt with in German. In light of the right to free movement and treatment, the two men should have been entitled to the same treatment, no less favourable. This is despite criminal legislation being a MS competency .
• Huber v Germany - German government maintained a database of information on resident non-German EU citizens, which it claimed was necessary for crime fighting, but didn’t maintain the same on German citizens. Held to amount to a breach of Art.18. TFEU.

Entitlement to study finance for EU migrant worker
• Article 166 (1) TFEU- vocational training policy
• By virtue of Article 7(3) of Regulation 492/2011 EU migrant workers are entitled to access to training in vocational schools and retraining centres under the same conditions as national workers

Enrolment Fee
• Forcheri Case –Italian spouse of a migrant worker was entitled to not pay enrolment fees- the same as nationals
• Gravier v City of Liege – any form of education which prepares for a qualification for a particular trade, employment or profession and provides the necessary skills, whatever the age or level of the students
• Blaizot v University of Liege – in general university course can be considered to be vocational training- preparatory
Grants
• Forster, here German woman in Netherlands was denied a student grant as she was not economically active (working) and had been living there for less than 5 years, was a discriminating rule as it did not apply to Dutch nationals, however ECJ held as per Art.24(2) MS can refuse student grants to EU citizens who don’t have permeant residence.
• ECJ states that rule was justified and proportionate as otherwise it would be an unreasonable burden of the MS which could affect the overall level of their grant system.
• Lair v Universität Hanover- The ECJ ruled that although she was a worker “some continuity between the previous occupation and the course of study” was required in order to obtain a grant for university education- still entitled to enrolment fees
o However, if a worker becomes involuntarily unemployed and is “obliged by conditions of the job market to undertake occupational training in another field of activity”, he/she will be entitled to general measures of support such as grants and loans.
• Brown v Secretary of State for Scotland (contrast)- employment is merely ancillary to studies, migrant workers are not entitled to financial assistance for their study in the host Member State.
• Bernini -ECJ held that as long as there was a link, didn’t matter where the course was located.

Thank you so much.

That's exactly what I needed for those areas.

JCreaghy

Any tips for doing exams in a row? Do you sleep after the exam and study after or study till a reasonable time, sleep and wake up early?

htnor

JCreaghy wrote: »

Any tips for doing exams in a row? Do you sleep after the exam and study after or study till a reasonable time, sleep and wake up early?

I always sleep for an hour or two after exam, study until 12am (latest 1am) then back up at 6am to have breakfast and cram before (luckily I'm staying in red cow so leaves me with a good bit of time to study before). Its absolutely awful but has to be done I think. Everyone is different though and some things don't work for everyone. I'm not the type of person that can run off 2/3hrs sleep.

CMUL

Does anyone know the prize winners what kind of results do they get. Just wondering how high they can actually mark. Am not aiming for that whatsoever. I actually be raging realising I did way too much.

niamh1612

Does anybody here feel prepared for contract? If they do can they offer any advice at all I feel like im drowning!! Im studying:

Offer
Acceptance
Consideration
Consumer Protection
Remedies
Terms
Exemption Clauses
Misrep
Mistake

Could I leave any of these out to lighten the load??
Any advice HUGELY appreciated.

Hamerzan Sickles

EQUITY

What are people covering for Equity?

Vegetarian2017

CMUL wrote: »

Does anyone know the prize winners what kind of results do they get. Just wondering how high they can actually mark. Am not aiming for that whatsoever. I actually be raging realising I did way too much.

This made me lol!! Haha wins a prize annoyed at oneself for doing too much 😂😂 I think it depends so like I think I heard a prize for won for tort was 65 in 2015, paper could have been a tough one. Ive never really heard of anything over 70 well anyone I know that got over that.


Would love to hear from anyone who has viewed their paper what marks were awarded for their bad question ie your fifth one page desperate attempt like would you get at least five marks?

DUMSURFER

Hamerzan Sickles wrote: »

EQUITY

What are people covering for Equity?

Trying to cover but nowhere near covering:

- Charitable/Cy-pres
- Secret Trust
- Prop Estoppel
- 3 Certainties
- Mandatory Interlocutory Injunction
- Tracing
- Undue Influence
- Mareva
- Trustees
- Specific Perfomance
- Rectification

Do people think this is enough? The way my time is shaping up, hard to say whether I'll get to cover Rectification or Specific Performance... What do people think I'm missing or should focus on? Not in good shape atm

holliek

EU

Quite confused re citizenship, FMOW etc. Have notes written out but not sure that I've covered the right areas. Could someone give me some guidance on what to cover under these headings?

TIA

supercreative

EU

Did the examiner change for EU in 2015 or something? Just looking at my grid and it seems like lots of things that used to come up quite frequently - private international law, FM of services and establishment, preliminary references, enforcement - basically haven't come up at all or have only come up once since then.

holliek

supercreative wrote: »

EU

Did the examiner change for EU in 2015 or something? Just looking at my grid and it seems like lots of things that used to come up quite frequently - private international law, FM of services and establishment, preliminary references, enforcement - basically haven't come up at all or have only come up once since then.

Yeah new examiner form 2016

LawGirl3434

supercreative wrote: »

EU

Did the examiner change for EU in 2015 or something? Just looking at my grid and it seems like lots of things that used to come up quite frequently - private international law, FM of services and establishment, preliminary references, enforcement - basically haven't come up at all or have only come up once since then.

Yeah it did, and the grind schools advise not going back past when it changes because he sets such different papers. Think it should say on the front page of each exam and I may be wrong but think just internal and external switched

supercreative

Thanks holliek and LawGirl! That's a relief in one way because the new guy seems to be super predictable but at the same time there's little enough to go on if he does decide to start asking those other areas! Also LawGirl I responded to your PM - would you mind giving me a brief low down on the remedies for tracing if you don't mind cause I don't have much on that?

jamesob123

neon123 wrote: »

Hi folks, would anyone have an up to date exam grid for Company ? I had one saved somewhere but can’t for the life of me find it now Cheers!

Company was last week pal

sbbyrne

EU

What are peoples thoughts on Institutions - is it a priority do ye think?

Wonderstruck

holliek wrote: »

EU

Quite confused re citizenship, FMOW etc. Have notes written out but not sure that I've covered the right areas. Could someone give me some guidance on what to cover under these headings?

TIA

In the same position, the Citizens Directive is in Blackstone too so I dont see the point in desperately trying to memorise it!

I have been reading the EU Parliament's Fact Sheets I highly recommend as they have cases in too! I have linked below for everyone.

I've been looking at Surinder Singh, non EU family members etc as it is something with more meat than say... Van Duyn.

Student grants and access to medicine have come up in the past but even reading like big EU law tomes the area isnt exactly a wrapped up area of the law.

https://www.europarl.europa.eu/factsheets/en/sheet/41/free-movement-of-workers

EmmaO94

Criminal

Could somebody please post what topics came up on the March paper? Would be so grateful, thanks

holliek

Ok so I'm low key freaking about EU so just going to throw out a few questions I have in the hope that anyone can help!!

1. Students studying in a member state. What chapter does this come under? FMOW or Citizenship? Also what do we need to know about students?

2. Based on the recent papers (since 2016) what are people's thoughts on leaving out infringement procedure and free movement of services and establishment?

3. What do you need to know for citizenship? I'm so confused with how it intertwines with equality, FMOW etc

holliek

Wonderstruck wrote: »

In the same position, the Citizens Directive is in Blackstone too so I dont see the point in desperately trying to memorise it!

I have been reading the EU Parliament's Fact Sheets I highly recommend as they have cases in too! I have linked below for everyone.

I've been looking at Surinder Singh, non EU family members etc as it is something with more meat than say... Van Duyn.

Student grants and access to medicine have come up in the past but even reading like big EU law tomes the area isnt exactly a wrapped up area of the law.

https://www.europarl.europa.eu/factsheets/en/sheet/41/free-movement-of-workers

I'll have a look at that thanks! Yeah it seems such a big area I'm so lost what you need to know within it

DUMSURFER

Does anyone have a list of all the note Q's that have come up? Time is short and the reams of notes I have yet to learn is very long so if anyone could spare me having to go through each paper, I would be forever grateful!

roseyp123

EmmaO94 wrote: »

Criminal

Could somebody please post what topics came up on the March paper? Would be so grateful, thanks

Q1 - NFOAP & Insanity/Irresistible Impulse
Q2 - Classification of Offences
Q3 - Conspiracy/Manslaughter/Provocation
Q4 - NFOAP - mainly Battery, Robbery & Assault and then Breaking Chain of Causation
Q5 - Advising DPP on charges to be brought in 4 different scenarios
Q6 - Presumption of Innocence & Bail
Q7 - Mens Rea and Composition of Special Criminal Court
Q8 - Essay Q on Self-Defence

Jenosul

Hey everyone!

Hope exams are going good for everyone. Can some kind person please tell me what came up in equity last year. Including did the strong v bird, question with the two parts.

Thank you so much in advance,

iamanengine

Panic mode for Criminal at the moment

Suzannec

iamanengine wrote: »

Panic mode for Criminal at the moment

Me too

JCreaghy

iamanengine wrote: »

Panic mode for Criminal at the moment

Me too, spending way to long in certain topics and it's killing me. About to start jurisdiction of the courts but can't make head nor tail of it.