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

Louis Litt

iamanengine wrote: »

Yep same for me. Spent most of yesterday going through my notes and adding in the 2019 cases from the night before notes, not ideal so close to the exam!!

Can i ask what your not covering? I have 21 topics and i just don't think its fesible to cover them all to the level need to answer a Q.

iamanengine

Louis Litt wrote: »

Can i ask what your not covering? I have 21 topics and i just don't think its fesible to cover them all to the level need to answer a Q.

Emmm, atm I'm not covering -

Trial in Due Course - Too big tbh
Article 45 - Came up last sitting
Mootness - Never has come up
Freedom of Assembly/Association - Kind of have a bad feeling about this one, looking at the grid it may be due up, but there have been no recent cases
Freedom of Religion - Up last two sittings, due a break I think
War and Emergency - Never up
Right to life/abortion - Unlikely with the referendum, covering M v Ireland for case note

I may end up not covering more, who knows at this point! I may even have cut too much, really hard to know, however I have focused on the topical stuff which people seem to say is a good indication of what is likely to come up. Thoughts? Have I cut too much?

Louis Litt

iamanengine wrote: »

Emmm, atm I'm not covering -

Trial in Due Course - Too big tbh
Article 45 - Came up last sitting
Mootness - Never has come up
Freedom of Assembly/Association - Kind of have a bad feeling about this one, looking at the grid it may be due up, but there have been no recent cases
Freedom of Religion - Up last two sittings, due a break I think
War and Emergency - Never up
Right to life/abortion - Unlikely with the referendum, covering M v Ireland for case note

I may end up not covering more, who knows at this point! I may even have cut too much, really hard to know, however I have focused on the topical stuff which people seem to say is a good indication of what is likely to come up. Thoughts? Have I cut too much?

i'm pretty similar, leaving out liberty and access to courts & jury trial too. Just going to really focus on 13 or so topics that are topical/due and then have a few of the big cases on the rest.

law405

Hey does anyone have tort and equity most recent paper and report? would be much appreciated!

user115

iamanengine wrote: »

Emmm, atm I'm not covering -

Trial in Due Course - Too big tbh
Article 45 - Came up last sitting
Mootness - Never has come up
Freedom of Assembly/Association - Kind of have a bad feeling about this one, looking at the grid it may be due up, but there have been no recent cases
Freedom of Religion - Up last two sittings, due a break I think
War and Emergency - Never up
Right to life/abortion - Unlikely with the referendum, covering M v Ireland for case note

I may end up not covering more, who knows at this point! I may even have cut too much, really hard to know, however I have focused on the topical stuff which people seem to say is a good indication of what is likely to come up. Thoughts? Have I cut too much?

I'm leaving out all of those aswell and possibly others. Planning on revising constit in bout 4 to 5 days, revising equity at the moment taking me ages. Definitely spent alot more time on constit than equity kinda worried bout it was gonna do few extra for equity but don't have time at this stage. Do you think it's okay to leave out tracing does it take long to do? I think it does come up a bit alright

Louis Litt

user115 wrote: »

I'm leaving out all of those aswell and possibly others. Planning on revising constit in bout 4 to 5 days, revising equity at the moment taking me ages. Definitely spent alot more time on constit than equity kinda worried bout it was gonna do few extra for equity but don't have time at this stage. Do you think it's okay to leave out tracing does it take long to do? I think it does come up a bit alright

I'm doing equity aswell and i'm leaving out Tracing, it was up last time around and it hasn't come up twice in a row in the past 10 papers. That said, who knows but if you're covered elsewhere you should be fine.

user115

Louis Litt wrote: »

I'm doing equity aswell and i'm leaving out Tracing, it was up last time around and it hasn't come up twice in a row in the past 10 papers. That said, who knows but if you're covered elsewhere you should be fine.

Thanks gonna leave it out so, i think I am fairly covered I hope!

I have
Charitable and cypres
All injunctions
3 certainties
Trusteeship
Secret trusts
Rescission
UI
Specific performance
Prop estop
Satisfaction
DMC
Rule in strong V bird

nmurphy1441

Can anyone tell me what essay type questions came up in criminal in the last sitting? I remember consent, strict liability and I think right to silence and detention....

luimneachabu73

Contract

If asked "how are Irish consumers protected from unfair contract terms and exclusion clauses", am I correct in saying you disucss s12-15 & 39 of the 1980 Sales Act; the EU Unfair Terms 1995 act; and case law such as Canada Steamship, Spurling, Photo Production, etc.?

Would you also discuss these cases if asked Discuss the impact of EU harmonisation initiatives on Irish contract law, or is there different caselaw applicable?

Thank you!

supercreative

Anyone have a handy sample essay on the Attorney General? Can't think for the life of me what to include.

Wonderstruck

luimneachabu73 wrote: »

Contract

If asked "how are Irish consumers protected from unfair contract terms and exclusion clauses", am I correct in saying you disucss s12-15 & 39 of the 1980 Sales Act; the EU Unfair Terms 1995 act; and case law such as Canada Steamship, Spurling, Photo Production, etc.?

Would you also discuss these cases if asked Discuss the impact of EU harmonisation initiatives on Irish contract law, or is there different caselaw applicable?

Thank you!

Dont forget the Consumer Rights Directive! Also this is of note - https://www.google.com/amp/s/europa.eu/youreurope/business/dealing-with-customers/solving-disputes/online-dispute-resolution/indexamp_en.htm

godfather2

supercreative wrote: »

Anyone have a handy sample essay on the Attorney General? Can't think for the life of me what to include.

Just focus on the independence of the role and if the relator function still exists ..... or at least that's my plan if it comes up this sitting.

Law1997

user115 wrote: »

I'm leaving out all of those aswell and possibly others. Planning on revising constit in bout 4 to 5 days, revising equity at the moment taking me ages. Definitely spent alot more time on constit than equity kinda worried bout it was gonna do few extra for equity but don't have time at this stage. Do you think it's okay to leave out tracing does it take long to do? I think it does come up a bit alright

I did Equity last sitting and didn’t touch tracing! Was grand. Just make sure you are covered for the others.

iamanengine

Ok, final Constitutional topics locked in:

Interpretation
President/AG
Courts
Oireachtas
SOP - Non Delegation and International Relations
Obstacles - Locus Standi, Unconstitutionality and Deferred Declarations
Referendums
Fair Procedure
Family
Property and Right to livelihood
Family
Expression/Association/Assembly
Privacy
Liberty
Equality

15 topics... May need to cut further tbh

TCPIP

iamanengine wrote: »

Ok, final Constitutional topics locked in:

Interpretation
President/AG
Courts
Oireachtas
SOP - Non Delegation and International Relations
Obstacles - Locus Standi, Unconstitutionality and Deferred Declarations
Referendums
Fair Procedure
Family
Property and Right to livelihood
Family
Expression/Association/Assembly
Privacy
Liberty
Equality

15 topics... May need to cut further tbh

I'm going with

Interpretation (Ex. Natural Law)
President/AG
Courts - Admin of Justice in Public
SOP - Non Delegation and International Relations
Obstacles - Locus Standi, Unconstitutionality and Deferred Declarations
Fair Procedures
Property and Livelihood
Right to Silence

But my plan is effectively get four and do them really well rather than a spray and pray of five. And failing that, October.

iamanengine

TCPIP wrote: »

I'm going with

Interpretation (Ex. Natural Law)
President/AG
Courts - Admin of Justice in Public
SOP - Non Delegation and International Relations
Obstacles - Locus Standi, Unconstitutionality and Deferred Declarations
Fair Procedures
Property and Livelihood
Right to Silence

But my plan is effectively get four and do them really well rather than a spray and pray of five. And failing that, October.

Any reason why you have specifically chosen right to silence out of the trial in due course topics?

Law1997

When do the majority of ye learn all off? I feel like I’ve been learning for ages but still don’t know it right. I feel like I won’t be ‘ready’ until the morning of each exam, those few days before the exam really motivate me to get it in. Anyone else?

TCPIP

iamanengine wrote: »

Any reason why you have specifically chosen right to silence out of the trial in due course topics?

I'm banking hard on him having set a question on Sweeney in some form.

rightytighty

Law1997 wrote: »

When do the majority of ye learn all off? I feel like I’ve been learning for ages but still don’t know it right. I feel like I won’t be ‘ready’ until the morning of each exam, those few days before the exam really motivate me to get it in. Anyone else?

Supposedly now. Today is my last day of tort before I start into criminal tomorrow for the exam. I still can’t recall all the cases from topics I did yesterday or earlier today on demand and it’s freaking me out a bit.

I can’t remember how prepared I was at this stage before the last sitting either haha. I’m just hoping it comes together

JohnsKite

TCPIP wrote: »

I'm banking hard on him having set a question on Sweeney in some form.

is right to silence not more likely to come up criminal? think i've seen it on a few papers

Dliodoir2021

iamanengine wrote: »

Guys I'm stressed too but we can't be wishing coronavirus on people haha

I would say there is no chance of them calling it off anyway. Big difference between FE1 exams and the rugby or paddys parade, people travelling from infected countries etc, whereas FE1s don't have that factor

The fact there's an exam sitting in Cork might mean less people in the Red Cow so maybe they're already able to space people out more. You know, instead of having 8 people within 1 metre of you, for THREE HOURS!

Dancing Obsession

iamanengine wrote: »

Anyone have notes for Right to Liberty? pls

I have it. I can give it to you. I am looking for sample answers either for Constitutional or Company.

TCPIP

JohnsKite wrote: »

is right to silence not more likely to come up criminal? think i've seen it on a few papers

It's a Constitutional right and Sweeney was a pretty big deal in this respect.

LJones18

Provocation - Criminal Law

For Provocation as a partial defence to murder am I correct in saying the legal burden is on the prosecution to show that the defendant was unprovoked, shown in DPP v Ceka, and O'Laoire v Medical Council?

Something seems wrong about this burden being on the side of the prosecution, grateful for any help!

DUMSURFER

Anyone have the October exam papers for Equity, Company, EU and Tort? Got a lot of notes, sample answers etc for most of the subjects so can send plenty of stuff back to people. Any help is appreciated!

PerryMason2020

LJones18 wrote: »

Provocation - Criminal Law

For Provocation as a partial defence to murder am I correct in saying the legal burden is on the prosecution to show that the defendant was unprovoked, shown in DPP v Ceka, and O'Laoire v Medical Council?

Something seems wrong about this burden being on the side of the prosecution, grateful for any help!

Yeah, the defence bears the evidential burden of raising it as a defence, and it is for the prosecution to establish beyond a reasonable doubt that the defendant was not provoked.

seeking789

Hello guys!

I am doing EU Law this sitting, would anyone be so kind to share their exam grid with me, would be much appreciated or just the very main topics that are likely to come up?

Thank you so much in advance!

Lcork23

What topics are people covering for Property? Don't know what to cut if anything!

LawStudent96

Is the use of older case law in a PQ something to avoid? I've read through examiner's reports for Contract and they point out people using older case law in PQs, particularly in Exclusion Clause and Consumer Protection.

Breacnua

LawStudent96 wrote: »

Is the use of older case law in a PQ something to avoid? I've read through examiner's reports for Contract and they point out people using older case law in PQs, particularly in Exclusion Clause and Consumer Protection.

No I don’t think so
I think it’s more she wants newer cases too which she will even ask for in exam questions.

ahhhhhFE1s

Constitutional

Q2 on the Oct 2019 paper about Blanaid and her bank account being frozen.. Examiner report seems to say it's about right to earn a livelihood and Art 45? I am extremely confused, does anyone have a sample answer or even just a brief summary of how that conclusion is reached??

TCPIP

Unsure how right to earn a livelihood comes into that question as the money is a gift... What does the report say exactly?

Law1997

ahhhhhFE1s wrote: »

Constitutional

Q2 on the Oct 2019 paper about Blanaid and her bank account being frozen.. Examiner report seems to say it's about right to earn a livelihood and Art 45? I am extremely confused, does anyone have a sample answer or even just a brief summary of how that conclusion is reached??

It’s her right to personal property that’s affected!

iamanengine

Yeah I would have thought it is Property rights rather than right to livelihood. Article 43 and Article 40.3.2

Also Cassidy v Commissioner of An Garda Siochana - freezing orders

ahhhhhFE1s

iamanengine wrote: »

Yeah I would have thought it is Property rights rather than right to livelihood. Article 43 and Article 40.3.2

Also Cassidy v Commissioner of An Garda Siochana - freezing orders

Thanks a mill think I may have misinterpreted the report.. Have tried to attach image of the report.. Same question comes up in Oct 2017

Supermax1988

ahhhhhFE1s wrote: »

Thanks a mill think I may have misinterpreted the report.. Have tried to attach image of the report.. Same question comes up in Oct 2017

I presume that’s a typo in the report and he meant Q3?

TCPIP

His report is correct. As he says 'many candidates focused solely on the right to earn a livelihood which unnecessarily limited their capacity...". In essence he says that a lot of people screwed themselves by attaching to something irrelevant.

His reports should be challenged for vagueness themselves...

Law000

iamanengine wrote: »

Yeah I would have thought it is Property rights rather than right to livelihood. Article 43 and Article 40.3.2

Also Cassidy v Commissioner of An Garda Siochana - freezing orders

Have you any info on that Cassidy case? I’ve the full judgment but far too much to get through in it? Cheers

iamanengine

Law000 wrote: »

Have you any info on that Cassidy case? I’ve the full judgment but far too much to get through in it? Cheers

Don't have much on it

Cassidy v Commissioner of An Garda Siochana - The issue of a freezing order appears to constitute the administration of justice. Freezing order obtained under S.17 Criminal Justice (Money Laundering and Terrorist Financing) Act 2010. The order was made by a DC Judge who had heard the application in camera. The making of the order was challenged on the basis that because the freezing order amounted to the administration of justice it ought to have been done in public. The HC agreed noting the significant restriction placed on the use of funds and the need to weigh evidence in order to make the determination.

LJones18

TCPIP wrote: »

His report is correct. As he says 'many candidates focused solely on the right to earn a livelihood which unnecessarily limited their capacity...". In essence he says that a lot of people screwed themselves by attaching to something irrelevant.

His reports should be challenged for vagueness themselves...

So for a Q like this, would one talk about the freezing order and Cassidy v Garda Siochana, and then go onto to speak about Right to earn a livelihood, being subject to regulation, disproportionate interference?

Does Inheritance count as earning a livelihood in this sense?

user115

Constitutional - Referendums

On McKenna V An Taoiseach 1995 no2 the SC declared that the spending by the executive was subject to court jurisdiction and did find that it was unconstitutional because it was in disregard of is it other provisions of the Constit? Also if it is deemed unconstit then is it just a declaration or are people entitled to damages? From my reading it seems it is just a declaration and then a separate case has to be taken to see the extent of how much those unconstit actions of spending actually interfered with the vote but that is a super high bar and the courts have never said such disregard re spending has ever had that much of a effect that it swung the vote?

I feel like I am missing something or it that it?

user115

Do you think it might be okay to leave out equality totally?

Law000

user115 wrote: »

Do you think it might be okay to leave out equality totally?

Not sure if it came up in last sitting? Comes up quite a bit so I’d cover

rightytighty

Law000 wrote: »

Not sure if it came up in last sitting? Comes up quite a bit so I’d cover

There was an essay on it in October

iamanengine

Looks like Equity has the lowest pass rate most sittings, anyone have any insight into why this might be? Particularly hard marker? Or do people just find it difficult?

I don't have access to any of the examiner reports so not sure what the story is

48% pass rate for the October 17 sitting seems mad

user115

iamanengine wrote: »

Looks like Equity has the lowest pass rate most sittings, anyone have any insight into why this might be? Particularly hard marker? Or do people just find it difficult?

I don't have access to any of the examiner reports so not sure what the story is

48% pass rate for the October 17 sitting seems mad

Ya I was asking this a while ago, made me very worried before I started study for it. Like the exam is not as unpredictable as others and topics seems straight forward. Really wonder where people go wrong or if examiner just really harsh, I feel alright about equity like I understand it okay and feel I have enough topics covered, maybe could do one more but happy enough with it.

What do others think?

iamanengine

user115 wrote: »

Ya I was asking this a while ago, made me very worried before I started study for it. Like the exam is not as unpredictable as others and topics seems straight forward. Really wonder where people go wrong or if examiner just really harsh, I feel alright about equity like I understand it okay and feel I have enough topics covered, maybe could do one more but happy enough with it.

What do others think?

Yeah same as, might be the only exam I am comfortable with atm lol

rightytighty

Equity is just a miserable subject imo, it’s as boring as the day is long. I found it so hard to study for haha

leavingcert17

I haven’t passed it yet, very desperate too. I feel she’s a harsh marker. Like you think you passed and don’t

mod
Pls do not criticise examiners here

ahhhhhFE1s

I passed it last sitting first time and not sure if there is any special formula, definitely harder to pass than other exams.. All I can think is have a look at some of the smaller topics like quisteclose and dmc, a wide range covered makes it an easier exam, she mentions a few things over again in her reports that people consistently get wrong, some off the top of my head- recent cases for contracts for specific performance Ahmed v HSE i believe, new definitions for charitable trusts in 2009 Act and how the cy pres doctrine comes into effect.. Not sure if that is any help!!