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

rightytighty · 01-10-2019 06:56PM

iang198 wrote: »

PROPERTY

Does anyone have any authority for the fact that a witness to a will has to be over 18?

Thanks!

They don’t have to be over 18. They can be of any age as there are no formal requirements in that respect but they must be competent.

01-10-2019 08:03PM

COMPANY

What I have covered for company:

Corporate Capacity and Authority
SLP
Share Transfer
Directors
Protection for Minorities
Winding Up
Restriction and disqualification
Corporate borrowing
Receivership
Examinership
Realisation of corporate assets

Anyone think anything not mentioned above will be very likely to come up?

Proctop_ · 01-10-2019 08:15PM

Constitutional:
Would anybody know the answer to q5 on the March 2019 paper?
Relating to the retention of Paula’s blood sample and the disclosure of information from the Gards?

It would be very much appreciated ðŸ€¯ðŸ€ž
Thanks

Daly29 · 01-10-2019 08:27PM

GF612 wrote: »

I completely agree with this! While the papers are tough he does appear to be a fairly nice marker.

I passed Tort in the last sitting and was really sure that I had failed. I completely misinterpreted one question but he must've still given me marks for my application of the law despite it being tangental to the question asked.
It actually ended up being one of my best results so far despite the fact that it's the one I was definitely most worried about afterwards.

Same, last sitting thought I failed which was a bad start. I missed/confused issues in two problem questions, scribbled some things down for one essay questions and it was a 55. Thought 50 would have been kind.

niamh1612 · 01-10-2019 08:28PM

rightytighty wrote: »

They don’t have to be over 18. They can be of any age as there are no formal requirements in that respect but they must be competent.

Do they not have to be over 18 or married as per S77 of SA 1965?

yournerd · 01-10-2019 08:34PM

niamh1612 wrote: »

Do they not have to be over 18 or married as per S77 of SA 1965?

That’s to make a will

GF612 · 01-10-2019 08:50PM

20082014 wrote: »

COMPANY

What I have covered for company:

Corporate Capacity and Authority
SLP
Share Transfer
Directors
Protection for Minorities
Winding Up
Restriction and disqualification
Corporate borrowing
Receivership
Examinership
Realisation of corporate assets

Anyone think anything not mentioned above will be very likely to come up?

Minus Examinership that's what I'm covering so hopefully that's enough! Am still working on getting Receivership, Winding Up and Realisation of Corporate Assets straight in my head though. :eek:

01-10-2019 08:59PM

GF612 wrote: »

Minus Examinership that's what I'm covering so hopefully that's enough! Am still working on getting Receivership, Winding Up and Realisation of Corporate Assets straight in my head though. :eek:

I am not confident in any topic except SLP, I feel like I have skimmed briefly over everything so really hoping the questions are broad! Also hope he is a nice marker!

iamanengine · 01-10-2019 08:59PM

Anyone have a short explanation for the System of Priority in Unregistered Land?

1707 Rules and Equitable Priorities, my notes are a bit of a mess for this.

GF612 · 01-10-2019 09:15PM

20082014 wrote: »

I am not confident in any topic except SLP, I feel like I have skimmed briefly over everything so really hoping the questions are broad! Also hope he is a nice marker!

Oh man, I'm praying he's a nice marker!!

Best of Luck!

Supermax1988 · 01-10-2019 09:18PM

iamanengine wrote: »

Anyone have a short explanation for the System of Priority in Unregistered Land?

1707 Rules and Equitable Priorities, my notes are a bit of a mess for this.

Don't know whether the below will help or confuse you more but I tried my best! ðŸ˜‚

To determine whether equitable or statutory principles apply ask 2 questions:
1. Are the interests capable of being registered under the 1707 Act? If yes, go to no.2. If no, equitable principles apply.
2. Are any of the interests already registered? If yes, statutory principles apply. If no, equitable principles apply.

Equitable Principles
"First in time prevails"
Earlier Legal title v later Legal title
First in time
Earlier Equitable title v later Equitable title
First in time
Legal title v Equitable title
First in time
Equitable title v Legal title
First in time except if the later legal is obtained by a BFPFVWN

Statutory Rules
Not concerned with what was created first of whether its legal or equitable, first internet registered gets priority.

Registered Interest V Registred Interst
First in time

Registered v Registerable but Unregistered
Registered interest will prevail

Registerable but Unregistered v Registered
The Registered title will take priority despite earlier Unregistered interest unless:
(i) it's shown that holder of the registered interest knew of the earlier interest and sought to take advantage of the statutory rules
(ii) if holder or later registered interest gave no consideration for the interest when obtained

JohnsKite · 01-10-2019 10:03PM

Could someone explain legitimate expectation (webb) v/ briefly to me?

JCormac · 01-10-2019 10:06PM

20082014 wrote: »

COMPANY

What I have covered for company:

Corporate Capacity and Authority
SLP
Share Transfer
Directors
Protection for Minorities
Winding Up
Restriction and disqualification
Corporate borrowing
Receivership
Examinership
Realisation of corporate assets

Anyone think anything not mentioned above will be very likely to come up?

Hope not!

I'm the same minus Examinership & SLP.

I know in my gut that a question on SLP is coming up tomorrow; kicking myself for avoiding it.

Hopefully there's a problem Q on Receivership! :pac:

jus_me · 01-10-2019 10:11PM

Probably a silly question but it’s there anything actually in the companies act on SLP?

Aoibhin511 · 01-10-2019 10:52PM

jus_me wrote: »

Probably a silly question but it’s there anything actually in the companies act on SLP?

the only legislation i have down for slp if the fact that s609 and s610 are legislative grounds for lifting the veil.

user115 · 01-10-2019 11:11PM

You can leave your CA in at 9 in the morning ya? How far into the exam do you get it?

Breacnua · 02-10-2019 01:16AM

Yes

Daly29 · 02-10-2019 01:29AM

user115 wrote: »

You can leave your CA in at 9 in the morning ya? How far into the exam do you get it?

No more than 30 mins usually

Daly29 · 02-10-2019 01:33AM

Would it be too much to ask for the Constitutional Examiner to do a few lines on each Q in the Reports? Some of the issues can be a bit tricky. Seems if others do it he could jot down remarks too for each Q.

Breacnua · 02-10-2019 02:42AM

Property:

Do we need to know Donatia Mortis Causa - a death bed gift - property given in contemplation of the donors death and takes precedence over a will?

I dont think I have seen it on papers but ... ? Any ideas welcome!

Freckley201 · 02-10-2019 03:03AM

Breacnua wrote: »

Property:

Do we need to know Donatia Mortis Causa - a death bed gift - property given in contemplation of the donors death and takes precedence over a will?

I dont think I have seen it on papers but ... ? Any ideas welcome!

It has come up in Equity if I recall correctly, but I didn't cover it for Property.

Freckley201 · 02-10-2019 04:20AM

City colleges night before notes have almost a full page on Liberty (i.e. detention, bail, immigration etc) separate to trial in due course, but my grid only shows liberty coming up once before so I haven't looked at it, has it been tipped? Anyone else covering it?

Proctop_ · 02-10-2019 07:33AM

Daly29 wrote: »

Would it be too much to ask for the Constitutional Examiner to do a few lines on each Q in the Reports? Some of the issues can be a bit tricky. Seems if others do it he could jot down remarks too for each Q.

What has he said about q5 on last sitting? Or would you have an idea of where I could find the answer regarding the retention of a blood sample and information given from the gards?

iamanengine · 02-10-2019 09:31AM

Does anyone know if there is usually 2 Succession Q's or is that rarely?

sbbyrne · 02-10-2019 09:34AM

Guys, this is probably a really obvious q, but if a question re easements comes up would it be necessary to get into the details about the history of prescription and what the old law held etc?

holliek · 02-10-2019 10:21AM

sbbyrne wrote: »

Guys, this is probably a really obvious q, but if a question re easements comes up would it be necessary to get into the details about the history of prescription and what the old law held etc?

Easements can come up in multiple ways so it really depends how it is asked. If i recall correctly, the most common ways asked are characteristics (Re ellensborough park) and the different types e.g. support, way and light.

FE!student · 02-10-2019 10:22AM

Proctop_ wrote: »

What has he said about q5 on last sitting? Or would you have an idea of where I could find the answer regarding the retention of a blood sample and information given from the gards?

I think the blood sample issue relates to the right to bodily integrity - taken under a specific piece of legislation and therefore mandatory, no obligation on gardai to wait for a lawyer to come before taking a mandatory sample in a minimally invasive manner and without force - Gormley and White. Other cases - HSE v B and MX v HSE.

The issue of the Garda providing her information to the school - right to privacy - Digital Rights Ireland, Kennedy, Nolan.

If anyone thinks this is wrong let me know.

Hamerzan Sickles · 02-10-2019 10:22AM

iamanengine wrote: »

Does anyone know if there is usually 2 Succession Q's or is that rarely?

It's usually 1; sometimes 2. If you get lucky, there'll be an essay on s.90 and a PQ on the SA1965 S.117. Or we might just get a PQ on the making/destroying of a will. I wouldn't bank on more than one however.

sbbyrne wrote: »

Guys, this is probably a really obvious q, but if a question re easements comes up would it be necessary to get into the details about the history of prescription and what the old law held etc?

You have to remember there isn't that much time in the exam - I would just have a paragraph where I briefly compare the old law versus what the new law brought in (focusing on s.33-37 of the Act).

Anyone else can feel free to correct me.

Edit: not hoping for a force majeure in order to procure more studying time, just wondering if anyone thinks there's a chance tomorrow or the next day's exams could be rescheduled given the weather warnings? I know they're not set for Dublin but sure the Law Society have to take into account weary travellers from countries in the south and the west...

Mr. JD · 02-10-2019 10:28AM

Hey Constitutional folks,

Would it be mad to leave out fair procedures?

I'm trying to cut down atm and it seems like a bit of a pain.

Any thoughts would be welcome!!

Dancing Obsession · 02-10-2019 10:40AM

iamanengine wrote: »

Does anyone know if there is usually 2 Succession Q's or is that rarely?

I'd say it's usually 2

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

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