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

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  • Registered Users Posts: 239 ✭✭LawGirl3434


    Property

    Just to flag to anyone sitting property and it is probably painfully obvious, but said I'd flag it as apparently due a run:

    When she asks for an essay on construction/ interpretation of wills, she means ambiguity and s90 going from her marking scheme (I'm looking at Autumn 2015, Q5(A) if anyone wants to verify).

    Personally that would catch me out on the day - if I saw 'construction' I would instantly think of s77/78 and the requirements for a valid will, and interpretation I would consider Heron v Ulster Bank


  • Registered Users Posts: 110 ✭✭Smiley283


    Property

    Has anyone prepared an answer for reforms on easements?

    Paranoid that it will come up.


  • Registered Users Posts: 3,891 ✭✭✭iamanengine


    Smiley283 wrote: »
    Property

    Has anyone prepared an answer for reforms on easements?

    Paranoid that it will come up.

    I have 4 bullets points re reform for prescription, so if it does come up I will mainly talk about prescription generally and then give those few points. I think that should be fine.


  • Registered Users Posts: 147 ✭✭Hamerzan Sickles


    I have 4 bullets points re reform for prescription, so if it does come up I will mainly talk about prescription generally and then give those few points. I think that should be fine.

    If you want to elaborate on those points for reformation iamanegine, please do.


  • Registered Users Posts: 3,891 ✭✭✭iamanengine


    If you want to elaborate on those points for reformation iamanegine, please do.

    It's not much but -

    LRC Report 2002:

    1. Prescription should be abolished, rewards illegal acts of continuous trespass.
    2. Arguments in favour revolve around retention of land, similar to AP.
    3. Right to light only ever acquired by prescription, would prevent new ones being acquired. This is the case in practice already as all right to light easements are based on ancient light.
    4. Right to Support can be created by implied easement which is necessary for the enjoyment of land.


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  • Registered Users Posts: 1,162 ✭✭✭LawBoy2018


    Any kind soul want to help a man out who feels absolutely f****d for property?


  • Registered Users Posts: 3,891 ✭✭✭iamanengine


    LawBoy2018 wrote: »
    Any kind soul want to help a man out who feels absolutely f****d for property?

    What do you need?


  • Registered Users Posts: 147 ✭✭Hamerzan Sickles


    It's not much but -

    LRC Report 2002:

    1. Prescription should be abolished, rewards illegal acts of continuous trespass.
    2. Arguments in favour revolve around retention of land, similar to AP.
    3. Right to light only ever acquired by prescription, would prevent new ones being acquired. This is the case in practice already as all right to light easements are based on ancient light.
    4. Right to Support can be created by implied easement which is necessary for the enjoyment of land.

    Sound, thanks for that! Edit - so the 2002 LRC recommendations weren't considered at all for the LCLRA2009?


  • Registered Users Posts: 165 ✭✭Daly29


    Any kind soul give me some guidance on this problem. Article of the Constitution and a Case it applies to:

    Section 15 of the Public Spaces Act 2017 provides that a Garda not below the rank of sergeant is entitled to “temporarily prohibit the display in a public place of any material which is likely, in his view, to undermine public order or morality”. A temporary prohibition order may last for 36 hours.

    What is wrong with the above?


  • Registered Users Posts: 3,891 ✭✭✭iamanengine


    Sound, thanks for that! Edit - so the 2002 LRC recommendations weren't considered at all for the LCLRA2009?

    Doesn't look like it. They abolished Common Law Prescription and Lost Modern Grant and streamlined statutory prescription.

    For anyone panic cramming like me, I went back over the last 10 or so sittings and if you cover the following you would have 6 Q's 8 times and 5 Q's 2 times:

    Succession
    AP
    Registration
    Easements
    Co-Ownership
    Mortgages
    Finding


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  • Registered Users Posts: 34 Olliepollie


    Property:

    Re Easements: if a question comes up on easements and profits, I assume the majority of the Mark's will go for the easement discussion, my profit notes are only like half a page... am I missing something glaring?


  • Registered Users Posts: 3,891 ✭✭✭iamanengine


    Property:

    Re Easements: if a question comes up on easements and profits, I assume the majority of the Mark's will go for the easement discussion, my profit notes are only like half a page... am I missing something glaring?

    I only have 1 sentence on profits :o

    Do the Re Ellenborough Principles still apply?


  • Registered Users Posts: 34 Olliepollie


    I only have 1 sentence on profits :o

    Do the Re Ellenborough Principles still apply?

    From my notes Ellenborough applies if profit is appurtenent to the lands

    If profit in gross it is enjoyed wholly independent from a dominant tenement
    Gannon v Walsh: (profit in gross) fishing rights as incorporeal hereditament granted implied easement of right to access bank of river or lake but the right must be exercised with least disturbance to Servient tenement possible

    That's pretty much all I have on Profits hahaha


  • Registered Users Posts: 35 BemusedKettle


    Daly29 wrote: »
    Any kind soul give me some guidance on this problem. Article of the Constitution and a Case it applies to:

    Section 15 of the Public Spaces Act 2017 provides that a Garda not below the rank of sergeant is entitled to “temporarily prohibit the display in a public place of any material which is likely, in his view, to undermine public order or morality”. A temporary prohibition order may last for 36 hours.

    What is wrong with the above?

    The Executive encroaching on the Judaical Power contrary to Art 34.1, facts similar to Maher v AG where the blood smaple was to be "conclusive" evidence of alcohol level and took that determination outside the Judaical Domain

    My best guess


  • Registered Users Posts: 165 ✭✭Daly29


    The Executive encroaching on the Judaical Power contrary to Art 34.1, facts similar to Maher v AG where the blood smaple was to be "conclusive" evidence of alcohol level and took that determination outside the Judaical Domain

    Thank you!! I thought maybe vague criminal offence but that sounds more correct.

    Sample answer on Griffith says: However, it appears that the delegation of power to the Sergeant, to determine that which behaviours or assemblies ought to be banned and whether the content or subject matter of same undermines morality, is unconstitutional. That decision making process is arguably a matter for the Court to adjudicate upon.

    So Im guessing you are right.

    A bit annoying that the Sample Answers are poor and the reports are silent.


  • Registered Users Posts: 35 BemusedKettle


    There's a detail that I'm not getting in relation to Unconsitutionally Obtained Evidence.

    I cannot see the difference in the logic of the court between the O'Brien case and the Kenny case, do they not both say that it is the act which has to be conscious and deliberate and not the violation of the Constitution for the evidence to be tainted with Unconstitutionality?

    Any help appreciated x


  • Registered Users Posts: 67 ✭✭Freckley201


    There's a detail that I'm not getting in relation to Unconsitutionally Obtained Evidence.

    I cannot see the difference in the logic of the court between the O'Brien case and the Kenny case, do they not both say that it is the act which has to be conscious and deliberate and not the violation of the Constitution for the evidence to be tainted with Unconstitutionality?

    Any help appreciated x

    If I remember rightly:

    OBRIEN - deliberate breach of constitutional rights = inadmissable
    KENNY - act arising from breach of constitutional rights is deliberate = inadmissible (i.e. they don't have to know they are breaching constitutional rights)


  • Registered Users Posts: 27 TheLawGuy


    With regards to legislation do we have to collect it again before we go in or will it be on our desks?


  • Registered Users Posts: 54 ✭✭niamh1612


    TheLawGuy wrote: »
    With regards to legislation do we have to collect it again before we go in or will it be on our desks?

    On our desks


  • Registered Users Posts: 18 lawyersuffolk


    Am i crazy leaving Services & Establishment out for EU ? Very low on time!!!


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  • Registered Users Posts: 294 ✭✭Vegetarian2017


    Has anyone called the law society to see if anything in place for those affected by transport tomo? I really do not want to miss constitution.


  • Registered Users Posts: 31 isawitfirst


    Anyone know of any recent constitutional cases that are important? reading the examiner report he does not like when you leave newer cases out but my manuals are a few years old so just checking if I'm missing anything. I've found Collins v Minister for Finance and Sunday Newspapers v Gilchrist and Rogers, any help with others would be really appreciated!


  • Registered Users Posts: 15 Suzannec


    Anyone know of any recent constitutional cases that are important? reading the examiner report he does not like when you leave newer cases out but my manuals are a few years old so just checking if I'm missing anything. I've found Collins v Minister for Finance and Sunday Newspapers v Gilchrist and Rogers, any help with others would be really appreciated!
    Hi, If you log on to citycolleges.ie and get the night before notes, they have all the important and newer cases highlighted.


  • Registered Users Posts: 31 isawitfirst


    Suzannec wrote: »
    Hi, If you log on to citycolleges.ie and get the night before notes, they have all the important and newer cases highlighted.

    Thank you! I only seem to able to find ones for October 2018 and I'm just wary somtehing might have happened in the meantime that I'm not familiar with.


  • Closed Accounts Posts: 84 ✭✭Dliodoir2021


    Right, I'm just out of hopsital and going to tackle Contract next Wednesday which I haven't studied in a few weeks. I have a basic knowledge of the principles and know the cases well from offer, acceptance, consideration and a few other topics I suppose.

    I'm treating the exam as a trial run but it would be great to get the 50. I think for me, the best means of doing it is 2 great answers (12-13 marks) and a decent amount of material on the other 3 questions, even if its lacking in detail.

    What topics would people recommend doing / cutting?

    What about consumer protection?

    Thanks!


  • Registered Users Posts: 18 GF612


    Thank you! I only seem to able to find ones for October 2018 and I'm just wary somtehing might have happened in the meantime that I'm not familiar with.

    The 2019 City College NBNs are at the below link, which someone kindly posted a few days back:
    https://citycolleges.ie/fe1-night-before-notes-october-2019/


  • Registered Users Posts: 131 ✭✭JCormac


    EU Law:


    Hey peeps,

    Drowning in work here and would appreciate some advice on the essentials to be covered in EU Law between now and the exam.

    Basically, the topics that can be memorised in the 6 days. Or anything that's tipped to come up.

    I have EU notes from a couple of years back, so I won't need to do them from scratch - Just stressing out as I doubt achieving a pass is manageable within the six days. I prefer problem questions to essay.

    I have notes for any of the other FE1 topics to give/trade for advice! That's the level of desperation I'm at, haha


  • Registered Users Posts: 15 Suzannec


    Thank you! I only seem to able to find ones for October 2018 and I'm just wary somtehing might have happened in the meantime that I'm not familiar with.

    Hey, if you go on to the website and do it the long way, go to Our courses - law-fe1 prep course and then on that page they are halfway down. It's ask u to put in an email address and then you will get them, instead of Googling - night before notes! ....took me ages to find them!


  • Registered Users Posts: 58 ✭✭scooby321


    Constitutional

    Anybody have the 8 predicted topics given in Independent and are willing to share?


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  • Registered Users Posts: 31 isawitfirst


    Suzannec wrote: »
    Hey, if you go on to the website and do it the long way, go to Our courses - law-fe1 prep course and then on that page they are halfway down. It's ask u to put in an email address and then you will get them, instead of Googling - night before notes! ....took me ages to find them!

    You're dead right, they're super helpful, thanks!


This discussion has been closed.
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