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

holliek · 11-03-2019 3:49pm

sapphire309 wrote: »

Can anybody get their head around the avoidance of post commencement dispositions? My notes are a complete mess! Is the position in Ireland basically just the reverse of Hollicourt v BOI in that banks can be made liable for post-commencement dispositions?

What effect does s.602(3) have on all this? Apparently it has reversed the decision in Re Industrial Services Ltd....?

I'm in a blind panic at this stage, still have mountains to learn and I don't seem to be able to grasp the basics

My understanding is that Hollicourt made the recipient liable, the Industrial Services Co reversed that by making the bank liable. Then s602 came into place which upheld the Industrial Services Co. So then the position is Hollicourt reversed.

BemusedKettle · 11-03-2019 3:57pm

iamanengine wrote: »

I'm not 100% sure but I think it's more along the lines of the function of Tort, usually the 1st chapter in the manuals, compensation/vindication/deterrence etc

Very rare, only came up once before in the last 20 or so sittings.

Lol, for this Q I went off on one about VL saying it was against fault based liability and how the doctrine expanded in the search of Deep Pockets, then I threw in a paragraph on the court's unwillingness to let public authorities attract liability to avoid a chilling affect on their behavior. I was stuck for my 5th so I was like well it knida works

And I did Q3 as straight Nervous Shock

So that's one fail! oh well

bigtophat13 · 11-03-2019 3:59pm

BemusedKettle wrote: »

Lol, for this Q I went off on one about VL saying it was against fault based liability and how the doctrine expanded in the search of Deep Pockets, then I threw in a paragraph on the court's unwillingness to let public authorities attract liability to avoid a chilling affect on their behavior. I was stuck for my 5th so I was like well it knida works

And I did Q3 as straight Nervous Shock

So that's one fail! oh well

If you justified it it works , broad question as essays go!

Hey, jury's still not out on that one

holliek · 11-03-2019 4:03pm

Supermax1988 wrote: »

It's the one case! Just a weird title. If you can figure it out feel free to come back and explain it me!

Your right, the facts of that case are fairly confusing. So there was a mortgage which wasn't registered for years, and then finally registered years later. And then I'm lost!! I think they allowed the extension though

mariealice · 11-03-2019 4:10pm

*Property*

So far I have learned the following

Succession
Adverse Possession
Easements
Finding
Co ownership
Family Property
Licenses and Rights of Residence
Mortgages
Registration essay

I am currently trying to learn Landlord and Tenant but it's not going in and starting to panic slightly. From anyone in a similar boat will I be OK with the above or is Land Lord and a tenant essential, I have a bad feeling it going to come up and I don't know what to do instead of it☹️

bigtophat13 · 11-03-2019 4:14pm

mariealice wrote: »

*Property*

So far I have learned the following

Succession
Adverse Possession
Easements
Finding
Co ownership
Family Property
Licenses and Rights of Residence
Mortgages
Registration essay

I am currently trying to learn Landlord and Tenant but it's not going in and starting to panic slightly. From anyone in a similar boat will I be OK with the above or is Land Lord and a tenant essential, I have a bad feeling it going to come up and I don't know what to do instead of it☹️

I'm going in with all those minus mortgages, and I think I'll be fine, no time for landlord and tenant personally and mortgages bores me to death.

mariealice · 11-03-2019 4:19pm

bigtophat13 wrote: »

I'm going in with all those minus mortgages, and I think I'll be fine, no time for landlord and tenant personally and mortgages bores me to death.

OK cool, thanks! I know realistically it should be enough having looked very closely at the grid/Past papers, its just that last minute paranoia telling me I need to cover more!

Legal_Eagle_95 · 11-03-2019 4:25pm

*Company*

So what I'm covering is

5 changes under Companies Act 2014
Shareholder Meeting
Directors Duties
Protection of Shareholders
Transfer of Shares
Liquidation
Borrowing by the Company
Realisation of Corporate Assets
Corporate Authority
SLP
Restrictions

Anything glaringly obvious I have left out?

Supermax1988 · 11-03-2019 4:29pm

Legal_Eagle_95 wrote: »

*Company*

So what I'm covering is

5 changes under Companies Act 2014
Shareholder Meeting
Directors Duties
Protection of Shareholders
Transfer of Shares
Liquidation
Borrowing by the Company
Realisation of Corporate Assets
Corporate Authority
SLP
Restrictions

Anything glaringly obvious I have left out?

You'd be desperately unlucky not to get 5 questions out of that.

Vegetarian2017 · 11-03-2019 4:38pm

Anyone any predictions for company or know what was up on the last paper that may not be due tomo?

holliek · 11-03-2019 4:42pm

Anyone have 2018 company papers with reports?

Daly29 · 11-03-2019 4:48pm

Does anyone know if I can leave my Company Act in there tomorrow? Forgot after the exam today. I hope so.

Still don't know if I should sue the Law Society for nervous shock or intentional psychological damage after that start:-(

holliek · 11-03-2019 4:50pm

Daly29 wrote: »

Does anyone know if I can leave my Company Act in there tomorrow? Forgot after the exam today. I hope so.

Still don't know if I should sue the Law Society for nervous shock or intentional psychological damage after that start:-(

Yes you can and you'll get it about 40 mins into the exam

holliek · 11-03-2019 4:51pm

Also looking for sample answers to October 2017 paper, few hard questions on that one..
If anyone can help out would be very grateful

Supermax1988 · 11-03-2019 4:55pm

holliek wrote: »

Your right, the facts of that case are fairly confusing. So there was a mortgage which wasn't registered for years, and then finally registered years later. And then I'm lost!! I think they allowed the extension though

Yeah they allowed the late registration of the mortgage but then they say that another charge Frank Bell took out subsequently has priority because that was registered first before the mortgage?

At least that's my understanding but find it very confusing.

marc24 · 11-03-2019 5:00pm

Looking at Oct 2015 Q7 for property and it asks about reform for Adverse Possession. Does anyone whats the basic point you need to make about reform?

nimcdona · 11-03-2019 5:15pm

marc24 wrote: »

Looking at Oct 2015 Q7 for property and it asks about reform for Adverse Possession. Does anyone whats the basic point you need to make about reform?

I think maybe just highlighting that statutory law hasn't changed since 1957 so its pretty stagnant and so it was possible for Clarke j in Dunne to discuss principles from A case 30 years before- Powell v McFarlane.

Then discussing PYE in detail and its relevance - AP safe for now but clear some controversy exists particularly with lack of possibility of compensation for the dispossessed so could be an area appropriate for reform.

nimcdona · 11-03-2019 5:17pm

Does anyone have any tip for getting by in criminal exam, theres just so much legislation and cases and details to remember I don't know how i'll be able to remember half of it

marc24 · 11-03-2019 5:17pm

nimcdona wrote: »

I think maybe just highlighting that statutory law hasn't changed since 1957 so its pretty stagnant and so it was possible for Clarke j in Dunne to discuss principles from A case 30 years before- Powell v McFarlane.

Then discussing PYE in detail and its relevance - AP safe for now but clear some controversy exists particularly with lack of possibility of compensation for the dispossessed so could be an area appropriate for reform.

Brill thanks a mill

Nikcan18 · 11-03-2019 5:18pm

nimcdona wrote: »

Does anyone have any tip for getting by in criminal exam, theres just so much legislation and cases and details to remember I don't know how i'll be able to remember half of it

Do you want some condensed notes? I have two PDFs with condensed notes might help in the revision. Unfortunately anything can come up in criminal.

Supermax1988 · 11-03-2019 5:22pm

nimcdona wrote: »

Does anyone have any tip for getting by in criminal exam, theres just so much legislation and cases and details to remember I don't know how i'll be able to remember half of it

The only thing I'll say is that I think the criminal examiner is generous marker. I was full sure I was going to fail when I read the paper in October. Had 3 questions I felt confident about. The other 2 I literally pulled out of my rear end. Came out with 52.

Pyggg · 11-03-2019 5:36pm

Wondering if anyone could give me advice. Sat 4 exams last time. The only one I was confident in was Criminal. Ended up being the only one I failed.
I love Criminal law, picked every Criminal module in college and got high grades. Ideally would like to end up being a criminal lawyer. Also failed quite badly, got 43. Criminal is meant to be one of the "easier" ones. I also looked back on my script as against the exam report and I hit 95% of the points. Also got like 7s 8s and 9s in each question (thought I might have bombed on one particular question, but no.)
I hadn't a lot of case law and probably only said the Statute 70% of the time. I find it really difficult to remember things like that, I more just remember concepts.
Can anyone advise me? He obviously loves case law and statutes, but it's not like I had nothing. Compared to the other exams I passed I had loads!

z6vm1dobfnca3x · 11-03-2019 6:01pm

Pyggg wrote: »

Wondering if anyone could give me advice. Sat 4 exams last time. The only one I was confident in was Criminal. Ended up being the only one I failed.
I love Criminal law, picked every Criminal module in college and got high grades. Ideally would like to end up being a criminal lawyer. Also failed quite badly, got 43. Criminal is meant to be one of the "easier" ones. I also looked back on my script as against the exam report and I hit 95% of the points. Also got like 7s 8s and 9s in each question (thought I might have bombed on one particular question, but no.)
I hadn't a lot of case law and probably only said the Statute 70% of the time. I find it really difficult to remember things like that, I more just remember concepts.
Can anyone advise me? He obviously loves case law and statutes, but it's not like I had nothing. Compared to the other exams I passed I had loads!

With case law, I try to link the parties’ names to my friends’ names or people I know. I associate that case with a face so that it helps me to me remember details.

If there’s a case where the accused is a mechanic who was charged with theft, think of your mate John who’s a mechanic and always robs your pints on a night out!

Kind of hard to explain but hopefully you get what I mean

lisac223 · 11-03-2019 6:03pm

For people sitting criminal and property, are ye dedicating all tmrw to criminal or splitting it between the two? Not sure how to go about it with 2 in a row!

z6vm1dobfnca3x · 11-03-2019 6:06pm

lisac223 wrote: »

For people sitting criminal and property, are ye dedicating all tmrw to criminal or splitting it between the two? Not sure how to go about it with 2 in a row!

Today I’ve mostly focused on property. For the rest of today and tomorrow it’ll be only criminal.

I’ll pick up property again after the criminal exam.

I’m feeling a little more prepared for property than I am for criminal though.

lisac223 · 11-03-2019 6:11pm

Kyree Bumpy Shrimp wrote: »

Today I’ve mostly focused on property. For the rest of today and tomorrow it’ll be only criminal.

I’ll pick up property again after the criminal exam.

I’m feeling a little more prepared for property than I am for criminal though.

Yeah that makes sense, I only really started property about an hour ago bc I was still recovering from tort so might have to dedicate and hour or two to it in the morning before focusing on criminal

Legal23 · 11-03-2019 6:14pm

I'm going for the magic three for the 3rd time and I'm losing heart. I've signed up for 4 this time round with criminal being my additional subject. I've got condensed notes done but I find I'm rewriting all my notes again in the learning process. Tbh, I've mostly focused on my past exams so I've left criminal to the end. I'm starting to panic looking at the topics today and feel like I'm getting nowhere. I'm just wondering from your experience would I be better off not sitting criminal and just focus on getting my three, spending the next few days being fully prepared for my 3 exams or do I spend the next day and a half cramming to get criminal into my head... Is it possible to pass if I feel like nothing is going in at this point???

nimcdona · 11-03-2019 6:16pm

Supermax1988 wrote: »

The only thing I'll say is that I think the criminal examiner is generous marker. I was full sure I was going to fail when I read the paper in October. Had 3 questions I felt confident about. The other 2 I literally pulled out of my rear end. Came out with 52.

Thanks for that, needed a bit of reassurance

holliek · 11-03-2019 6:35pm

Ok for company I've learnt the following:
- incorporation (advan and disadvan)
- SLP
- authority (ostensible and Turquand)
- ultra vires (object clause and powers)
- directors (s228 duties and to whom do they owe duties to and restriction of a director)
- shares (definition essay and transfer)
- shareholders (Foss v Harbottle and s212)
- Corp borrowing (reg of charges, floating v fixed, crystallization, over book debts)
- receivership (duty to obtain best price)
- liquidation (members vol, cred vol, s569(1)(d) and (e))
- Corporate assets (bank transactions and fraudulent preference)

I've narrowed down a lot of chapters so it probs looks like I'm doing more than it is as a lot aren't full chapters. Should this be ok?

starfishxxo · 11-03-2019 6:38pm

Re. company, can anyone advise - is notification still a crystallising event as in JD Brian despite that it no longer gives priority above preferential creditors since the Companies (Accounting) Act? (I'm working off of an older manual ��)

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

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