FE1 Exam Thread (Read 1st post!) No trading

Iconic10

do people think AG or president will come up ? what essay questions ? my head is fried

Iso_123

fe12020oct wrote: »

EQUITY

in secret trusts what is the ruling in Re Boyes? is it considered a valid secret trust if a sealed envelope with the terms of the trust is opened by the legatee after the testators death? or would the property be held on resulting trust?

I'm pretty sure in Re Boyes it wasn't a valid secret trust because of the fact not all the terms were communicated to and accepted by the trustee prior to the testator's death. But if you read this with the case Re Keen it fleshes it out a bit because there the court basically said that a sealed envelope with the beneficiaries name in it given to the trustee could create a valid secret trust even if it was opened after the testator's death because they had the ‘means of knowledge available to administer the trust when it became necessary to open the envelope'

LS3

Would anyone have the company paper from november that they could share with me please? I would really appreciate it

Katniss1998

LS3 wrote: »

Would anyone have the company paper from november that they could share with me please? I would really appreciate it

Law Hero does a run through in her video and this is what I got. This is just based on what she said. I managed to match up some of the problem questions that she referred to which seemed to be similar to ones already on the papers so I just copied and pasted. Can't guarantee it is 100% correct but might help.

October 2020 Examination Paper
QUESTION ONE

"While company directors have a fiduciary duty to act in the interests of their company, they also have duties to have regard to the interests of other persons; however, all such duties are owed to the company.”

You are required to discuss and explain this statement. In your answer you must cite all relevant case and statute law.

Question Two
Shareholder PQ Dispute around referral. Disregard as interests of shareholder. Remedy under oppression s212. Whether answer different if the constitution contained a provision that the company would support a shareholder’s business by referring clients to them. Similar to Q4 Oct 2019.

Question 3
“It is now well recognised that a company’s members can give their sanction to a course of action in either of three ways: first, by a resolution passed at a general meeting of the company, duly convened and held; secondly, by unanimous or majority written resolution and thirdly, by an estoppel, created through their unanimous informal agreement.”

You are required to discuss this statement citing all relevant case and statute law in your answer.

Question 4
PQ- Directors, single shareholder and some connected people (MD daughter and husband) S620 connected people. Things going badly. Insolvent. Placed into voluntary liquidation. Asked about restriction order in defences. Like Q4 March 2017.

Question 5
Corporate Authority Question on Turquands case. Essay.

Question 6
"S.602 of the CA 2014 is a statutory example of the parri passu principle which requires all creditors of an insolvent company to be placed on an equal footing and not "leap frog" the statutory queue ordained by the CA 2014"

Question 7
PQ- Advancment and disadvantages of incorporation PQ.
Pat is a plasterer from Palmerstown. He operates as a sole trader and employs two staff. They work with Pat plastering new build houses and extensions. Recently, Peter, one of Pat's employees, narrowly avoided serious injury when the stilts he was wearing snagged on a hole in the floor. Only for Pat being in close proximity and able to catch him, the employee could have been seriously injured as he would have fallen into an open basement on the property and plunged four metres to the ground. This near miss has caused Pat to consider whether being a sole trader is such a good idea. Additionally, Paul, Pat's other employee, has been pressing Pat to give him an interest in the business.
Pat approaches you for advice, seeking information on (a) the advantages and disadvantages of forming a company and (b) the consequences of incorporation for Pat's business.
You are required to answer both (a) and (b) and in your answer you are required to cite all relevant case and statute law.

Question 8
PQ-
David, Deborah and Cindy are equal shareholders, holding 50 shares each in Foxtrot Tango Limited (the "Company"), established by their late mother Madge. They received their shares from Madge under her will. The Company is in the business of retailing carpet and its only two directors are David and Deborah who also work in the Company. Cindy left the country a number of years ago and lives with her husband in San Francisco and over the years has not had any involvement in the Company. Once a year she contacts her brother and sister to ask how the Company is doing and usually, following that call, David and Deborah declare a dividend which the Company pays to Cindy, averaging over €50,000 per annum for the last three years.
Last Christmas when Cindy came home to Ireland she tentatively enquired from David and Deborah whether they would be interested in buying her shares in the Company. They said they would have to think about it because it was hard to know what the shares were worth.
David and Deborah come to you for advice when Cindy contacted them again and announced that she had sold her shares in the Company to Joe, a local businessman in the same town as where the Company has its premises. A couple of days later David and Deborah were approached by Joe who gave them a stock transfer form signed by Cindy transferring her 50 shares to him, and he asked them to register him as a member.
David and Deborah are unhappy to share the family business with an outsider and ask you for your advice. On examination of the Company's constitution you see that the optional provision set out in section 95(1)(a) of the Companies act 2014 applies and that the directors:
. may in their absolute discretion and without assigning any reason for doing so, decline to register any transfer of any share".
You are required to advise David and Deborah on their rights and obligations in relation to the transfer of shares to Joe.

In your answer you are required to cite all relevant case and statute law.

KingofTheFE1s

Iconic10 wrote: »

do people think AG or president will come up ? what essay questions ? my head is fried

I think theres a reasonable chance wel see one of them. Few people have tipped AG. Its somewhat topical and hasnt appeared in a lot of sittings.

awsah

does anyone have recent contract sample answers, newer than 2016?

ruby1998

My biggest fear for constitutional is that there will be a few questions based on really recent cases that I have never heard of.. Anyone have a list of cases that he could base an essay question on?

DUMSURFER

Does anyone have an up-to-date criminal grid and an exam paper/report from November? Can swap anything and everything that anyone needs!

Lawabc

ruby1998 wrote: »

My biggest fear for constitutional is that there will be a few questions based on really recent cases that I have never heard of.. Anyone have a list of cases that he could base an essay question on?

This is also my fear and I'm avoiding the case note so I am really limiting my options.

I am leaving out Liberty (for the moment) because it came up in November but also it's very topical, so I'm unsure of whether to add it back to my list.

FE1Hopefully1

Does anyone know does specific performance come up in contract - no sign of it in city colleges night before notes

sim1yoyo

I read somewhere that you're only allowed one toilet break in the exam, is that true?

nicolesd

anyone leaving out houses of the oireachtas since it was up the last 2 papers or would that be unwise?

awsah

sim1yoyo wrote: »

I read somewhere that you're only allowed one toilet break in the exam, is that true?

read where?

awsah

FE1Hopefully1 wrote: »

Does anyone know does specific performance come up in contract - no sign of it in city colleges night before notes

it comes up as a remedy I believe, that a court might order the defendent to cmoplete the contract (or whatever) I don't believe it comes up as a quesiton on its own as in Equity

FE1Nov20

nicolesd wrote: »

anyone leaving out houses of the oireachtas since it was up the last 2 papers or would that be unwise?

I'm definitely leaving it out didn't even complete notes on it so hoping it doesn't appear

FE1Hopefully1

awsah wrote: »

it comes up as a remedy I believe, that a court might order the defendent to cmoplete the contract (or whatever) I don't believe it comes up as a quesiton on its own as in Equity

Okay thanks was just curious as it wasn’t mentioned at all in the night before notes but no harm to glance over it

DUMSURFER

sim1yoyo wrote: »

I read somewhere that you're only allowed one toilet break in the exam, is that true?

I went 3/4 times in each of the exams in November. So yeah if you gotta go, you gotta go. Nobody is going to stop you.

Fe1taker2020

Would be unwise to leave out house of the oireachtas. Contains very important cases about the separation of powers. Could also be useful in essay style questions.

bluerthanu

Lawabc wrote: »

This is also my fear and I'm avoiding the case note so I am really limiting my options.

I am leaving out Liberty (for the moment) because it came up in November but also it's very topical, so I'm unsure of whether to add it back to my list.

I think it's pretty easy to start going down self promoting rabbit holes on the relevancy of certain topics for constitutional. From what I can see, every subject has its own claim to being topical -- be that because of a case or just because constitutional is so bound up in politics etc. For my own part, I'm leaving liberty out anyway. It has only come up three times as a full question according to my grids (to the extent anyone knows what topics are contained within a constitutional question), and it's just too large to be learning off, to my mind, without the strong expectation of it appearing. Each to their own of course.

ihatethesea

Does anyone have condensed notes on SLP for company? I have concise notes on most of the other topics if anyone would swap?

ihatethesea

Iconic10 wrote: »

what do people think will come up for constitutional ? can’t wait for it to be over and dreading the exam

I'd love to know this also! So far I have the following ready to learn off:

- President/AG
- Constitutional Interpretation
- SOP
- Property Rights/Livelihood
- Freedom of Expression
- Equality
- Family
- Fair procedures
- Referendum Law
- Privacy
- International Relations
- The Courts & Judiciary

Thinking of adding:
- Right to Silence
- Deferred Declarations

Does anyone think I am missing something major?

Fe1user5555

ihatethesea wrote: »

I'd love to know this also! So far I have the following ready to learn off:

- President/AG
- Constitutional Interpretation
- SOP
- Property Rights/Livelihood
- Freedom of Expression
- Equality
- Family
- Fair procedures
- Referendum Law
- Privacy
- International Relations
- The Courts & Judiciary

Thinking of adding:
- Right to Silence
- Deferred Declarations

Does anyone think I am missing something major?

Maybe religion? It’s a small topic also

2020FE1

ihatethesea wrote: »

I'd love to know this also! So far I have the following ready to learn off:

- President/AG
- Constitutional Interpretation
- SOP
- Property Rights/Livelihood
- Freedom of Expression
- Equality
- Family
- Fair procedures
- Referendum Law
- Privacy
- International Relations
- The Courts & Judiciary

Thinking of adding:
- Right to Silence
- Deferred Declarations

Does anyone think I am missing something major?

I am more of less doing the same. I have a few cases for each part of Trial in due course, and Liberty too just in case I am struggling.
I think houses of the Oireachtas will come up in some form again too. Maybe in the case note question.
It’s all just quess-work at this stage though.
The course is massive! 😭

ihatethesea

2020FE1 wrote: »

I am more of less doing the same. I have a few cases for each part of Trial in due course, and Liberty too just in case I am struggling.
I think houses of the Oireachtas will come up in some form again too. Maybe in the case note question.
It’s all just quess-work at this stage though.
The course is massive! ��

Ya I have a sinking feeling Liberty will come up again as a whole question because of the recent SC judgement but I just don't have time to add it! The course is huge its guna be a gamble for me tbh..

Its one of my last two exams to get into Blackhall in September and I'm losing faith big time

2020FE1

ihatethesea wrote: »

Ya I have a sinking feeling Liberty will come up again as a whole question because of the recent SC judgement but I just don't have time to add it! The course is huge its guna be a gamble for me tbh..

Its one of my last two exams to get into Blackhall in September and I'm losing faith big time

It’s my last exam too. And I’m trying not to leave much out, but it’s a struggle.
It’s not a predictable paper at all. You could make an argument for most topics if you look for it.
For me I think it’s getting to the time now where it’s best to focus on learning off what you have covered without adding more. That’s what I’m telling myself anyway. I’m not too confident though!

Fe1user5555

nicolesd wrote: »

anyone leaving out houses of the oireachtas since it was up the last 2 papers or would that be unwise?

I’m leaving it out, the constitutional course I did put it down in the lowest priority level for learning

AA247

Can anyone outline what was on the November 2020 paper for Constitutional?

I did it but have no recollection of what was on it - not even sure I knew at the time which largely explains why I am repeating it

kayleee123

AA247 wrote: »

Can anyone outline what was on the November 2020 paper for Constitutional?

I did it but have no recollection of what was on it - not even sure I knew at the time which largely explains why I am repeating it

Here you go - good luck

Darragh12

Anyone have any predictions for Equity? Any topics the preparations courses have listed to be covered as a priority?

For me I'm doing interlocutory injunctions, mareva & Anton Pillar, tracing, specific performance, rectification, undue influence, propriety estoppel, charitable trusts, cy pres, the topics that come up in the notes questions, resulting trusts & secret trusts. If I have time: constructive trusts & trustees.

AA247

kayleee123 wrote: »

Here you go - good luck

Thanks for that!

Re Question 2: what am I missing here? Ok freedom of expression? But there is obviously another topic in this?

Question 5: is this just right to property and livelihood?

Question 8: what is this?