FE1 Exam Thread (Mod Warning: NO ADS)

Fe1exams

Anyone know what the deal is with a student rail fair? can u buy it on the day of travel from the ticket machine in cork - will a letter from the law society suffice as proof of student... i believe the fair is only 15 euro each way..
hope study is going well!

sorchauna

evercloserunion wrote: »

God, can't stand having exams two days in a row, don't understand how people can do all 8 in these conditions.

What are we covering for company? The ones I'm definitely doing are:
- Separate legal personality
- Ultra vires
- Corporate authority
- All directors' stuff (duties, restriction disqualification, reckless/fraudulent trading etc)
- Corporate borrowing
- Receivership, examinership, liquidation
- Minority shareholder protection

Anything else I should definitely cover? I'm considering maybe shares and/or shareholders and members.

I have three in a row and wish I had picked better subjects!
Im doing that but also adding in realisation/disposition of corporate assets, worth doing especially if your doing liquidation and comes up more than you'd think! I left out share transfer but its been very popular last three sittings.

UberStressed

Denham wrote: »

Exactly - but its nice to see how others approach it.....
The other thing is what to study the morning b4 the exam and the night b4....
i take the following approach:
(1) night b4 - recap on my topics - 8,10,12 topics what ever....
(2) the morning b4 - i focus on 3 bankers and hope they come up... i get frazzled studying too many areas in the morning b4... the only thing is im gutted if the three bankers dont appear... it does the sole good being able to ace the first question.. good confidence boost
its doubtful though that you wont be able to predict at least 1 of 3 questions b4 the exam unless the xaminer changes the pattern which happens

My routine in for the morning off is to have all my notes recorded on my ipod and listen to them on way, I have about an hours drive. Otherwise I'd go crazy trying to remember things and would have to pull over every 5mins. I get to the red cow about 8 and go over condensed notes for each of my topics. Finding a technique that works for you is half the battle and def helps to calm nerves.

UberStressed

evercloserunion wrote: »

God, can't stand having exams two days in a row, don't understand how people can do all 8 in these conditions.

What are we covering for company? The ones I'm definitely doing are:
- Separate legal personality
- Ultra vires
- Corporate authority
- All directors' stuff (duties, restriction disqualification, reckless/fraudulent trading etc)
- Corporate borrowing
- Receivership, examinership, liquidation
- Minority shareholder protection

Anything else I should definitely cover? I'm considering maybe shares and/or shareholders and members.

I'm doing all the above plus s25 and meetings - both quite short topics, meetings hasn't been up in the last 3 sittings but was in the previous 2 I think.

Amre17

Go on the tribesmen!!
Too excited to concentrate..

Hogzy

Im having a some problems getting my head around Fully Secret trusts.

If X (The Testator) communicates to Y (The Donee/Secret Trustee) that he wishes to create a secret trust but doesnt tell Y the details of the trust (Subject matter and Objects), but instead hands Y a sealed envelope that is ONLY to be opened after the testators death. The letter contains all the required details of the secret trust.
If Y accepts to be bound by the trust then is the trust binding?

From my reading of my Manual and Delany Re: Boyes would say that the above would constitute a valid trust, however Re: Keen's Estate would seem to suggest that it is invalid. Did Re Keen's Estate (Lord Wright MR) overrule Re: Boyes (Kay J)

Denham

Could anyone advise accordingly please:

Is Provocation only available in murder trials, or can it be raised in any criminal trial.?

The Griffith manual p192 paragraph 5, states it can be raised by a defendant in any trial.
The law-society fe1 syllabus states its specific to murder..

i was under the impression that for other than homicide it will only suffice to impact nature of the severity of a custodial sentence?

Thanks for any thoughts

odonohs2

Denham wrote: »

Could anyone advise accordingly please:

Is Provocation only available in murder trials, or can it be raised in any criminal trial.?

The Griffith manual states it can be raised by a defendant in any trial.
The law-society fe1 syllabus states its specific to murder..

i was under the impression that for other than homicide it will only suffice to impact nature of the severity of a custodial sentence?

Thanks for any thoughts

It is definitely only available as a defence to murder and only a partial defence, reducing murder to manslaughter

odonohs2

I know tabs and highlighting are allowed on the permitted legislation but are you allowed write the section on each tab, or does it have to be left blank?

Hogzy

odonohs2 wrote: »

I know tabs and highlighting are allowed on the permitted legislation but are you allowed write the section on each tab, or does it have to be left blank?

No, you are not allowed to write on the tabs. as far as i know it specifically says this in the rule book.

perfectcircles

Hogzy wrote: »

Im having a some problems getting my head around Fully Secret trusts.

If X (The Testator) communicates to Y (The Donee/Secret Trustee) that he wishes to create a secret trust but doesnt tell Y the details of the trust (Subject matter and Objects), but instead hands Y a sealed envelope that is ONLY to be opened after the testators death. The letter contains all the required details of the secret trust.
If Y accepts to be bound by the trust then is the trust binding?

From my reading of my Manual and Delany Re: Boyes would say that the above would constitute a valid trust, however Re: Keen's Estate would seem to suggest that it is invalid. Did Re Keen's Estate (Lord Wright MR) overrule Re: Boyes (Kay J)

From my understanding of Re Keen, a secret envelope can be valid as communication. However, the circumstances of this case meant that what was stated in the will; that communication had already occurred, when in actuality it only occurred After the will was executed meant that the trust failed on grounds of inconsistency. i.e that what was stated in the trust was not what actually happened.

A trust can be made in reliance of a future promise but it must be stated as such in the will.

Hope that helps!

Hogzy

^^^
Legend, THanks

itsonlybla

Denham wrote: »

Could anyone advise accordingly please:

Is Provocation only available in murder trials, or can it be raised in any criminal trial.?

The Griffith manual p192 paragraph 5, states it can be raised by a defendant in any trial.
The law-society fe1 syllabus states its specific to murder..

i was under the impression that for other than homicide it will only suffice to impact nature of the severity of a custodial sentence?

Thanks for any thoughts

Yeah only murder, and mitigation in sentencing.

There was a recent decision in DPP v Berry involving unlawful killing and mitigating factors (including provocation).

http://courts.ie/Judgments.nsf/09859e7a3f34669680256ef3004a27de/55e3af6db05e238180257a32003c7283?OpenDocument

The CPS in the UK also published recently a detailed sentencing guideline for manslaughter by reason of provocation, which is interesting reading.

GusherING

I have a question on Co-Onwership that someone may be able to clarify.

If there are 3 joint tenants who own a property and 2 of them want to sever their share and sell it to a third party, does the remaining joint tenant still have a joint tenancy with the new purchaser?

The manuals are very clear if 1 person out of 3 severs, but not if 2 out of 3 severs!

Thanks in advance.

sofakingood

In relation to remoteness of damages in contract. Can anybody give me a quick skim through of the importance of the rulings in The Achilleas [2008] and Golden Strait [2007].

Any reply greatly appreciated.

chops018

GusherING wrote: »

I have a question on Co-Onwership that someone may be able to clarify.

If there are 3 joint tenants who own a property and 2 of them want to sever their share and sell it to a third party, does the remaining joint tenant still have a joint tenancy with the new purchaser?

The manuals are very clear if 1 person out of 3 severs, but not if 2 out of 3 severs!

Thanks in advance.

No only the two remaining joint tenants will have a JT as the 4 unities are still present with them. The new tenant has a TIC and so isn't a JT with the others as the unity of time isn't present.

tm48

Hi guys, just wondering if someone could tell me the type of directors duties question that came up last year please...thanks so much

itsonlybla

Q3 was on s. 194, s. 29, s. 31 and common law duties

It was a problem question involving a Co either purchasing or leasing land.

chops018

Just wanna say good luck to anyone doing Tort tomorrow.

boomtown84

Yeah, best of luck everyone. I don't start until next Tuesday. Roll on Thursday week-derangement of all the senses!

Caoileann

Thanks Chops, I really hope the examiner is nice to us!

lennylaw

Could someone be so nice as to let me know what came up in the Equity exam last sitting and in what way (as in essay/problem q)?

It would be greatly appreciated.

Strawberry Fields

lennylaw wrote: »

Could someone be so nice as to let me know what came up in the Equity exam last sitting and in what way (as in essay/problem q)?

It would be greatly appreciated.

Q1 Mareva injunction essay
Q2 Specific performance/rectification prob
Q3 breach of trust essay
Q4 Donatio mortis causa prob
Q5 case note purpose trusts/doctrine satisfaction/quistclose trusts
Q6 resulting trusts ( i think) prob
Q7 undue influence essay
Q8 tracing prob

on that basis what do you think will come up this time?:D

odonohs2

What are people doing for property? I was thinking:

-Estates in land
-Succession
-Co-ownership
-Family property
-Licenses
-Landlord & tenant
-Easements & Profits
-Mortgages
-Adverse Possession

Anything I should add to the list or leave out?

JCJCJC

Hi everyone - just dropping in to wish you all the very best of luck this time, hope you all get your letter in a few weeks saying 'you are now deemed to have passed the FE1s' - what a feeling! Get early nights and be sure to have your weetabix in the morning...

JC

FEfuns

Hey everyone,

What do you reckon my chances are of sitting - and passing - all eight FE1s in March 2013?

Basically, it will be a full-time job, Monday - Saturday, over the 20 weeks between now and March. I will be based in the my college library each day, 10am - 7pm, so that should be roughly 2.5 weeks/15 days of full-time study per subject.

Tough, I know, but is it do-able?

Oh, and good luck to everyone in this sitting! :-)


Thanks!

Hogzy

FEfuns wrote: »

Hey everyone,

What do you reckon my chances are of sitting - and passing - all eight FE1s in March 2013?

Basically, it will be a full-time job, Monday - Saturday, over the 20 weeks between now and March. I will be based in the my college library each day, 10am - 7pm, so that should be roughly 2.5 weeks/15 days of full-time study per subject.

Tough, I know, but is it do-able?

Oh, and good luck to everyone in this sitting! :-)


Thanks!

Yes, it takes a hell of a lot of dedication though. I can be, and has been, done. I cant believe if you start now you only have 15 days per topic. That is mental.

You will find it particularly tough the week before the exams. Best of luck.

Glinda!

My head is so frazzelled from Co. im confusing the basics! Could someone please just clarify this for me?!

For the purposes of disposition of co. assets, once a resolution is passed to place a co. in liquidation, is it from that point in liquidation or is there a further step/time until it is said to be in liquidation? Im taking it that it is but im doubting myself at this stage!!

ryan606

What did everyone think of tort today? I could only answer three prop and did 2 half arsd ones but Im hopin that'll be enough to pass, Ray Friel is an easy enough marker I think!

MoneyMilo

ryan606 wrote: »

What did everyone think of tort today? I could only answer three prop and did 2 half arsd ones but Im hopin that'll be enough to pass, Ray Friel is an easy enough marker I think!

I did all 5 problem questions. Animal liability was a mean question to put down and I wouldn't have had enough for Statute of Limitations. I did Defamation, trespass and nuisance reasonably well. The other 2 less so. I only got 2 pages down for the last one.

I found doing 5 problems quite draining, sifting through all the facts and consequently being a bit short on time.

How did anyone else deal with Q 5 (property valuers) and Q8 (the kayak question) ??