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

FreeFallin94

pottsss777 wrote: »

For criminal, would it be mad to leave out the criminal courts and arrest/presump of innocence/silence/bail?

I'm leaving this out anyway. Didn't have the time and I feel like I know the rest of my topics well enough (hopefully!).

Anyone have any recommendations for cases I might look at for the case note question in EU? I'm not planning on answering it but I'm also not doing competition law so I may end up stuck having to write about 3 cases as a last resort.

fe1hunzo

pottsss777 wrote: »

For criminal, would it be mad to leave out the criminal courts and arrest/presump of innocence/silence/bail?

Honestly after going through all the papers from the last few years and having the examiner as a lecturer you can guarantee there will be something on the criminal procedure element.
Courts is handy because its either the Court of Appeal, Special Criminal Courts or a question where you could mention both with a short part on Central Criminal, High, District as well.
If you have access to the reports from criminal they are great answer guides. Throw in some nice commentary on things where you can.
But if you've covered all the substantive offences and the defences you're fine. They tend to come up together for problems and then you might get an essay on one particular offence/defence.
Bail and silence can come up with substantive offences too. So don't learn anything in isolation, i.e. learn offences against the state, with right to silence, inferences.
Learn sexual offences with their defences, same for homicide offences.

Lumi77

hullaballoo wrote: »

I can understand the confusion in relation to Q2. Certainly not straight-forward. But it's not just capital maintenance rules because you are asked to advise someone who just bought all of the company's shares whether the transactions can be avoided.

The question is about directors' duties and more specifically fiduciary duties to the company. The company, now under the control of another, can seek to have the former directors account and or indemnify the company in relation to losses arising from the breach(es). I admit this is not straight-forward.

Obviously, it would be nice if you were given some information about the solvency of the company after the asset drain by the former directors but I think I would answer on both the bases being (a) the company is still solvent and (b) the company is now insolvent.

It is much easier to know where you're going in the event that the company is insolvent now.

It is further complicated by the lack of information on what, if any, relationship Janet had with Jason. The extent of Janet's knowledge of what Jason was at is important under the terms of the sections dealing with directors' duties etc.

I answered on fudiciary duties and touched on remedies s232 did make a point on the relationship of the two and went a tiny bit into the statutory duties
I hope that was enough for it
Thank you for clarifying that

bluntspoon

hullaballoo wrote: »

I can understand the confusion in relation to Q2. Certainly not straight-forward. But it's not just capital maintenance rules because you are asked to advise someone who just bought all of the company's shares whether the transactions can be avoided.

The question is about directors' duties and more specifically fiduciary duties to the company. The company, now under the control of another, can seek to have the former directors account and or indemnify the company in relation to losses arising from the breach(es). I admit this is not straight-forward.

Obviously, it would be nice if you were given some information about the solvency of the company after the asset drain by the former directors but I think I would answer on both the bases being (a) the company is still solvent and (b) the company is now insolvent.

It is much easier to know where you're going in the event that the company is insolvent now.

It is further complicated by the lack of information on what, if any, relationship Janet had with Jason. The extent of Janet's knowledge of what Jason was at is important under the terms of the sections dealing with directors' duties etc.

But the question asks about having the transactions "set aside". It seems like that's qualitatively different to having the director account to the company for the transactions?

Also, what about Janet? She wasn't a director so she can't be asked to account - the bit with her is pure capital maintenance isn't it? Something about members being forced to return interim dividends if they know they shouldn't have been paid. (I clearly did not study capital maintenance or even attempt this question).

I'd love to know how many people gave this one a go today!

Edit: And the transfer of the site to Jason - is that not S238? Voidable at the insistence of the company? Unless the company approved it I suppose.

HenryHodgson

Hi all,

Where would be the handiest place to pick up the Succession and Sale of Goods Acts in Dublin?

Thanks!

The Talking Bread

HenryHodgson wrote: »

Hi all,

Where would be the handiest place to pick up the Succession and Sale of Goods Acts in Dublin?

Thanks!

RING opw 51/52 Stephens Green. They closed shop few years ago so you have to buy it online or over phone. They are a joke up there

hullaballoo

bluntspoon wrote: »

But the question asks about having the transactions "set aside". It seems like that's qualitatively different to having the director account to the company for the transactions?

Also, what about Janet? She wasn't a director so she can't be asked to account - the bit with her is pure capital maintenance isn't it? Something about members being forced to return interim dividends if they know they shouldn't have been paid. (I clearly did not study capital maintenance or even attempt this question).

I'd love to know how many people gave this one a go today!

Edit: And the transfer of the site to Jason - is that not S238? Voidable at the insistence of the company? Unless the company approved it I suppose.

I think for everyone's benefit, it would be best to continue further discussion of these issues in the relevant thread in the Law Students forum.

annmc882

The Talking Bread wrote: »

HenryHodgson wrote: »

Hi all,

Where would be the handiest place to pick up the Succession and Sale of Goods Acts in Dublin?

Thanks!

RING opw 51/52 Stephens Green. They closed shop few years ago so you have to buy it online or over phone. MOD Be civil, pls

publications@opw.ie

ArthurDayne

What are people covering for Constitutional? Trying to prioritise what's left of my capacity to memorize.

Robbie25808

ArthurDayne wrote: »

What are people covering for Constitutional? Trying to prioritise what's left of my capacity to memorize.

I have nearly given up at this stage. Contemplating not even going into it and just focusing on EU for Friday?

What do you think?

amkeane81

ArthurDayne wrote: »

What are people covering for Constitutional? Trying to prioritise what's left of my capacity to memorize.

Art 38.1 - delay, evidence, fair trial, right to lawyer
Family
Childrens rights
Property rights
Equality
Religion
A little on assembly/association
NDD
The president
Interpretation
Expression/privacy
A small bit of referndum law
Socio economic stuff
Various cases

No idea if it's enough. I'm freaked! This is my 3rd time sitting this exam.

Lumi77

I wonder if I could get some help and any of you can tell me what happened in the Pelati v Slovenia please
Thank you

SB2020

Hi, can anyone tell me if Blackstone's can be tabbed for Friday's EU exam? Thanks!

yournerd

SB2020 wrote: »

Hi, can anyone tell me if Blackstone's can be tabbed for Friday's EU exam? Thanks!

Yeah!

Chuckler

Lumi77 wrote: »

I answered on fudiciary duties and touched on remedies s232 did make a point on the relationship of the two and went a tiny bit into the statutory duties
I hope that was enough for it
Thank you for clarifying that

I agree as an addendum to my last post. I answered primarily on Cap maintenance but threw in a bit about Directors duty to Company also. Touched on s220 connected persons and agree that the second part is primarily s238 non cash assets as per Duckwari and Kerr v Conduit Enterprises. Very nuanced question like all of them really. Horrible exam - left feeling angry, happy, relieved but mainly devesatated!

ArthurDayne

Robbie25808 wrote: »

I have nearly given up at this stage. Contemplating not even going into it and just focusing on EU for Friday?

What do you think?

At this stage of the game you may as well waffle the hell out of it if you can. Get a decent sleep and don't sit up studying late on constitutional , if you're well rested you can go absolute burnout mode tomorrow from lunchtime

MeganC1554

I’m also repeating Constitutional! I’m at a loss - Do you basically just give a general overview of the law in relation to the question asked and back up with a few cases or do you dissect the questions with various judgments! Can anybody who has passed this enlighten me?

I’m covering: Constitutional Interpretation
President
Article 34
Non delegation
Locus standing
Presumption of constitutionality
Findings of unconstitutionality
Art 38
Personal rights
Equality
Property rights
Abortion
Freedom of speech
Family

All to be crammed before morning

Robbie25808

ArthurDayne wrote: »

At this stage of the game you may as well waffle the hell out of it if you can. Get a decent sleep and don't sit up studying late on constitutional , if you're well rested you can go absolute burnout mode tomorrow from lunchtime

The problem is i do not have the information to waffle. I think I am going to pack it in and get a good sleep and cram for EU.

What happens if you do not show for the exam?

ArthurDayne

Robbie25808 wrote: »

The problem is i do not have the information to waffle. I think I am going to pack it in and get a good sleep and cram for EU.

What happens if you do not show for the exam?

No real consequence you just get Absent on your result slip.

Robbie25808

ArthurDayne wrote: »

No real consequence you just get Absent on your result slip.

Are the results online or do they get sent to your home?

ArthurDayne

Robbie25808 wrote: »

Are the results online or do they get sent to your home?

Online and then posted out subsequently to whatever addressed you registered with.

Robbie25808

EU law:

Under A114, what do they mean by the establishment of an internal market?

Lumi77

MeganC1554 wrote: »

I’m also repeating Constitutional! I’m at a loss - Do you basically just give a general overview of the law in relation to the question asked and back up with a few cases or do you dissect the questions with various judgments! Can anybody who has passed this enlighten me?

I’m covering: Constitutional Interpretation
President
Article 34
Non delegation
Locus standing
Presumption of constitutionality
Findings of unconstitutionality
Art 38
Personal rights
Equality
Property rights
Abortion
Freedom of speech
Family

All to be crammed before morning

I passed in first sitting
I just gave the law and backed up and made sure I advised if a problem question
I thought is an easy paper just overwhelming
Case notes are useful and you 'll know them anyway from the topics covered
Abortion right to life does not seem to come up
Expression property unemarated rights and separation of power will come up most likely
You have more than enough there
Good luck

MeganC1554

Cheers Lumi77, That’s helped a lot! I got 45 in my last exam so just nervous than ever now to get it over the 49 mark!

icsheep

MeganC1554 wrote: »

Cheers Lumi77, That’s helped a lot! I got 45 in my last exam so just nervous than ever now to get it over the 49 mark!

If you don't mind me asking, what would you say your mistakes were in the previous one? Approach/content/didn't cover enough, etc?

MeganC1554

icsheep wrote: »

MeganC1554 wrote: »

Cheers Lumi77, That’s helped a lot! I got 45 in my last exam so just nervous than ever now to get it over the 49 mark!

If you don't mind me asking, what would you say your mistakes were in the previous one? Approach/content/didn't cover enough, etc?

No I don’t mind discussing at all, I answered 5 questions but I think I may have failed to identify a few areas in problem questions. I focused merely on one or two areas.

My aim this time is to interact more areas of law. Such as proportionality, Constitutional Interpretation and discuss more to the problem question, I think i veered off track and generally spoke about all I knew. Hope this helps

Lumi77

MeganC1554 wrote: »

Cheers Lumi77, That’s helped a lot! I got 45 in my last exam so just nervous than ever now to get it over the 49 mark!

No problem just keep focused and to the point that's all
AG and president plus case notes should give u two good questions
Religion came up in March which was unusual so shouldn't happen again
You 'll be fine
Good luck

saraocallaghan

Lumi77 wrote: »

MeganC1554 wrote: »

Cheers Lumi77, That’s helped a lot! I got 45 in my last exam so just nervous than ever now to get it over the 49 mark!

No problem just keep focused and to the point that's all
AG and president plus case notes should give u two good questions
Religion came up in March which was unusual so shouldn't happen again
You 'll be fine
Good luck

Thanks Lumi - really appreciate your words

ArthurDayne

God i really despise all the entire alphabet v DPP cases

amkeane81

Lumi77 wrote: »

No problem just keep focused and to the point that's all
AG and president plus case notes should give u two good questions
Religion came up in March which was unusual so shouldn't happen again
You 'll be fine
Good luck

I hope you're right! I got 46% twice and my head is melted now.