FE1 Exam Thread (Mod Warning: NO ADS)

pink101

Just looking for some help in the above please please. have checked the papers and can't seem to find any question about the above. Has anyone seen it and if so does it come up as a eassy question or in the problem questions

Thanks in advance

Dante09

pink101 wrote: »

Just looking for some help in the above please please. have checked the papers and can't seem to find any question about the above. Has anyone seen it and if so does it come up as a eassy question or in the problem questions

Thanks in advance

This grid here should help you. http://fe-1-study-group.googlegroups.com/web/Company+Grid.pdf?gda=nIObKUIAAABhUtNAuGCKFBqpPKe7PtD2z7v0J0z_ZwPEHV0GbyUZtajFwc62JAkdkq7UnFy2qs9V4u3aa4iAIyYQIqbG9naPgh6o8ccLBvP6Chud5KMzIQ

pink101

thanks for that

Pink

page1

paulanthony wrote: »

Government Publications Office on Molesworth St - €7.63 I think.

Brilliant thanks a mill.

Jev/N

page1 wrote: »

Brilliant thanks a mill.

You can ring if you're not able to get in to the office, postage is free too. They take both debit and credit cards

01 647 6000

Rocksteadykk

Hey do you still have these for sale?

bdmurphy

hi
Could anyone help me with this question? Should Sean take the villa or apartment beneficially? As on the face of the will, it is clear that a half secret trust exists. However as Alan's intentions have not been communicated to Rita or accepted by Rita can she still take absolutely as a tenant in common and joint tenant?

Also is Re Boyes the correct authority that a legatee would be bound if the trust instrument was put in writing and placed in his hand in a sealed envelope and the legatee had agreed to carry out the settlors intentions, as in the question? Is there sufficient communication?

Thanks to whoever may help me!

Beeinmybonnet

Guys, can anyone tell me how Question 4 on Tort April 2009 paper should be answered?

Damien is aware these people are entering his land without permission. Should the answer proceed along the lines of a discussion of duty of care? Does it refer to trespass?

Ordered the exam reports but still have not received them yet!

lollipop

Can anyone please tell me what topics came up in the company paper in April?

Robbo

lollipop wrote: »

Can anyone please tell me what topics came up in the company paper in April?

Q1: Essay on the doctrine of Ultra Vires being redundant
Q2: Essay on disregarding separate legal personality. Single Economic Entity
Q3: Problem, winding up petitions.
Q4: Essay on Regulation 80.
Q5: Problem on corporate borrowings, fixed and floating charges
Q6: Shareholder repression problem
Q7: Shares; meetings, resolutions, agreements
Q8: Problem on Directors Duties

Jev/N

bdmurphy wrote: »

hi
Could anyone help me with this question? Should Sean take the villa or apartment beneficially? As on the face of the will, it is clear that a half secret trust exists. However as Alan's intentions have not been communicated to Rita or accepted by Rita can she still take absolutely as a tenant in common and joint tenant?

Also is Re Boyes the correct authority that a legatee would be bound if the trust instrument was put in writing and placed in his hand in a sealed envelope and the legatee had agreed to carry out the settlors intentions, as in the question? Is there sufficient communication?

Thanks to whoever may help me!

As far as I know...

Re Boyes/Re Keen's Estate - Communication by sealed envelope may not be sufficient for the purposes of this requirement for a valid secret trust as technically it was made after death and is reserving the right to make future testamentary decisions, could be argued either way though (and should be as if communication wasn't sufficient, it would fall at the second hurdle and be a very short answer!)

Re Stead - Tenants in Common only bound if they had notice and accepted so only Jane potentially bound for Villa.
Joint tenants will all be bound if will made after acceptance, but only accepting trustees bound if will was made before acceptance. Thus, again, Jane will only be bound as will was made before acceptance.

Remember that for half secret trusts in the UK, communication must before the execution of the will and not after, as seen in Blackwell v Blackwell - not entirely relevant but the examiner sometimes looks for extra bits like this

Mention also about Sean witnessing the will as a beneficiary (unknown to him) but how, due to the dehors the will theory, he would not be precluded from benefiting from the trust as in O'Brien v Condon

For the conclusion, which is not always the most important part, I would say that if the courts accept that the method of communication was valid, Sean would be a TIC with Rita for the villa and a JT with Rita for the apartment

bdmurphy

Thanks Jev/N, that is great. That is much clearer now Re Boyes and Re Keen.
Would have not have thought i would have to mention the English position but worth making the comparison for a fuller answer.

Thanks again.

lollipop

Thank you so much!!!

vote4pedro

A few questions about EU...

Re institutions, has anyone got anything substantial to say about the ECJ? Almost all my notes on the jurisdiction, composition, length of terms etc are almost entirely covered in the Institutions, so I'm a bit worried about looking like I'm just c&p from the book in the middle of the exam! Is there any caselaw or way of "showing off" a bit more to an examiner? I've a little about it's history (founded by ECSC etc) and explaining the role of Advocate General, as well as the changes brought in by Nice and how Lisbon will rename the CFI to the General Court. So, anything else to really go on about??

I can see a question similar to Q.2 April 2008 coming up, but not sure how to go about answering the "How has the Courts' Treaty-given role of "ensurign that in the interpretation and aplpication of the Treaty, the law is observed" influenced the development of its jurisdiction?" part of it?

One last thing - re the case-note question. Just how 'in depth' to you have to go when answering that question? The only (few) case-notes I did in College were very detailed, setting out exact arguments put forward by each judge. Do they really expect students to have that level of knowledge of the dozens of cases on the syllabus, or is your answer more expected to be along the lines state what the relevant issue is, the background/facts of the case, what the court decided and how the decision affected the law?

Thanks!

Dandelion6

vote4pedro wrote: »

One last thing - re the case-note question. Just how 'in depth' to you have to go when answering that question? The only (few) case-notes I did in College were very detailed, setting out exact arguments put forward by each judge. Do they really expect students to have that level of knowledge of the dozens of cases on the syllabus, or is your answer more expected to be along the lines state what the relevant issue is, the background/facts of the case, what the court decided and how the decision affected the law?

You're expected to go into ridiculous levels of detail on this question - the exam reports always say "I can't believe students haven't actually read the ECJ decision and the Advocate General opinion". I don't know how on earth we're expected not to only be studying for these exams but to read every single decision in a precedent-setting case ever decided by the ECJ and to remember them all in such detail. IMHO you're better off not answering these questions at all unless either you really do have the time to memorise the level of detail required (in which case you should probably be giving and not taking the exam), or you are really really really stuck for a fifth.

Hopefully at some point the examiner will twig that the reason the standard of replies is as "poor" as he consistently describes them is because he's simply expecting too much.

vote4pedro

That's what I was afraid of - thanks for the confirmation!

Looks like I won't be touching it in the exam so. I'll keep it as a back up in case I can only answer four questions, maybe writing down background/topic, the facts, decision and concl would be enough to get 35-40% on that individual question and then just hope the other 4 questions drag you over the 50%

sunnyside

Probably a stupid question but how much are you supposed to write? Some topics just don't have a lot to say about them. Was looking at a qustion on divorce earlier (Constitutional law). It's mostly all written in the relevant article, do you just write that with a bit of explanation? It would be irrelevant to write about other family related cases, etc wouldn't it?

And another question about children born to non-national parents? If one parent must be Irish for Irish citizenship what sort of passport would the child get? More out of curiosity than strict FE1 relevance.

Have been doing family and religion today and would LOVE a question on those.

The Griffith book has 32 chapters so approximately 32 topis but will be doing 5 quesions so that's only 5 topics. I hope there's a good bit of topic mixing, I don't know loads about anything in particular.

Dandelion6

sunnyside wrote: »

And another question about children born to non-national parents? If one parent must be Irish for Irish citizenship what sort of passport would the child get?

Not really sure I understand the question, if one parent is Irish (or entitled to Irish citizenship) the child gets an Irish passport, plus whatever other passport it may be entitled to from its other parent. If neither parent is Irish or entitled to Irish citizenship, or do not meet whatever other criteria may be provided for under statute, the child will only get the citizenship/passport of its parents. If the parents' country of origin does not allow citizenship on the basis of parentage alone, however, and the child would therefore be stateless, then it will be granted Irish citizenship/passport.

(Apropos of nothing I really dislike the term "non-national"! Nobody is NON-national except a stateless person.)

sunnyside

Dandelion6 wrote: »

Not really sure I understand the question, if one parent is Irish (or entitled to Irish citizenship) the child gets an Irish passport,

(Apropos of nothing I really dislike the term "non-national"! Nobody is NON-national except a stateless person.)

But if the child has an Irish passport isn't he she entitled to live here? But then that goes back to whether the parents can live here or not and that's the family issue.

Re the term non-national is that ok for using in exam? It's used in the manual so I expect it's exam friendly.

Anway no time left for focusing too much on minor details, time is running out!

Dandelion6

sunnyside wrote: »

But if the child has an Irish passport isn't he she entitled to live here? But then that goes back to whether the parents can live here or not and that's the family issue.

Re the term non-national is that ok for using in exam? It's used in the manual so I expect it's exam friendly.

Yeah the child is entitled to live here, but as of L&O v Minister for Justice it is no longer entitled to have its parents live here with it, if that effectively means the child has to leave then that's just too bad for the child. However the Minister must consider the child's constitutional rights in deciding whether to deport its parents (Bode v Minister).

Unfortunately my distaste for the term non-national is not (yet!) shared by society at large so it would be probably be acceptable to the examiner.

ebrennan

MickCD wrote: »

Hi,

I've got a copy of the McCann & Courtney Tottel Student Companies Acts 1963-2006 for sale. 50e (+ p&p if outside Dublin)

Its in perfect unmarked condition.

MickCD

Is that copy of the companies acts still available?

sarahw7

kd28 wrote: »

Yes you can highlight and can use tabs, coloured tabs etc but no writing numbering etc.

Just a quick question if anyone can help...I'm just tabbing my Companies Acts to hand in for checking tomorrow. Does anyone know if they are strict about over use of tabs...i seem to be using loads?

Jev/N

sarahw7 wrote: »

Just a quick question if anyone can help...I'm just tabbing my Companies Acts to hand in for checking tomorrow. Does anyone know if they are strict about over use of tabs...i seem to be using loads?

I don't know for sure, but I can't imagine so - just as long as you haven't written anything on the book/tabs it should be fine

sarahw7

Thanks a mill

johnfás

sarahw7 wrote: »

Thanks a mill

You can tab, colour code, underline and highlight. You just cannot write or annotate on it.

Jev/N

So any news on todays Tort paper, everything come up as expected or many surprises?

sunnyside

As compared with the Griffith sample answers how high is the standard of answer required? They all mention a lot of cases per question. Is one or 2 cases ok to pass?

lougem

Jev/N wrote: »

So any news on todays Tort paper, everything come up as expected or many surprises?

Yep I was surprised that causation in negligence was only touched on in one question that was mainly about Rylands v Fletcher. Apart from that there was nothing else about negligence unless you count professional negligence. I would have expected either a general negligence problem or an essay Q on causation.

Nothing on Occupier's Libaility, or Nervous Shock although maybe that's to be expected since it was in the April paper. A discuss Q on damages came up again as expected.

lougem

sunnyside wrote: »

As compared with the Griffith sample answers how high is the standard of answer required? They all mention a lot of cases per question. Is one or 2 cases ok to pass?

Dont think so. If that were the case I'd have passed today and I dont think I did....I usually include 5+, depending on what I can remember/what's relevant.

Jev/N

sunnyside wrote: »

As compared with the Griffith sample answers how high is the standard of answer required? They all mention a lot of cases per question. Is one or 2 cases ok to pass?

I think alot of those answers are idealistic and very aspirational... saying that, I would estimate 5+ cases per answer (although maybe less if it was a very legislation centered question) That would be my thinking anyway