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

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Comments

  • Registered Users, Registered Users 2 Posts: 27 TheLawGuy


    Property - Adverse Possession

    Could someone please tell me what was the question on Adverse Possession in March 2019?

    TIA


  • Registered Users, Registered Users 2 Posts: 3,891 ✭✭✭iamanengine


    Constitutional

    Does anyone have notes on PP v Judges of the Circuit Court? I can't really make sense of it. Also in Eoin Carolin's slides he has this down under remedies but I don't have anything on how it relates to that at all, just have that he was granted locus standi


  • Registered Users, Registered Users 2 Posts: 480 ✭✭nmurphy1441


    CDarrall wrote: »
    I did criminal last sitting- both came up twice! I found it handy to have a couple of case names to throw in to a problem question just to get an extra mark here or there. I didn't even learn the topic- just a few case names and knew where to put them in.

    I agree with that!!! Even know the AR and MR of the inchoate offences and that will help!


  • Closed Accounts Posts: 123 ✭✭Sineaddh


    I have left EU very late and really struggle with the subject.

    Would anyone have any advice as to how best to tackle it?
    Which topics to focus on?

    TIA!


  • Registered Users, Registered Users 2 Posts: 105 ✭✭Louis Litt


    Constitutional

    Are ppl covering all of SOP? I'm thinking of doing:

    Oir - Kerins/O'Brien, IR, Referendums
    Legislature - just be able to mention P&P test and UV
    Courts - Admin of Justice in public

    Judiciary to be left off.


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  • Registered Users, Registered Users 2 Posts: 193 ✭✭TCPIP


    For Gilchrist & Rogers, is there anything notable to be taken from the CoA decision or is it just repetition of the HC?


  • Closed Accounts Posts: 38 PerryMason2020


    On the NB notes, there are roughly three cases that outline the difficulty caused by the subjective test for provocation. Could anyone who knows briefly summarise what they say? I only have MacEoin, Kelly, and Mullane in my notes! Would be so grateful.


    I believe the issue in each case was in the various trial judges' directions to the respective juries on the plea of provocation - how it applies and the perspective the jury is to look at. There is a risk of the trial judges veering a bit too close to introducing too much of an objective element rather than clarifying that it is subjective with proportionality only as to credibility of plea of provocation. In the recent case of Webster, the trial judge noted that it was something of a graveyard for trial judges when charging juries.

    Just a general note on provocation, the Court of Criminal Appeal has noted the area as being a minefield and confusing for lawyers, judges and juries!


  • Closed Accounts Posts: 38 PerryMason2020


    Molly347 wrote: »
    can anyone confirm if you are allowed to start writing before everyone has their papers? I sat Fe1s in october but can't remember if it was the writing paper or the exam book that was on the table when we came in and what we were handed later. Can you start writing as soon as you get the second booklet? or do you have to wait until everyone has the papers? Or can you open the first booklet as soon as you sit down?


    I'd imagine that everyone starts at the same time and when told to do so.


  • Registered Users, Registered Users 2 Posts: 189 ✭✭Supermax1988


    I'd imagine that everyone starts at the same time and when told to do so.

    You’d think but in October we were told we could start once we got the exam paper which was kind of annoying for those of us a the back of the hall!


  • Registered Users, Registered Users 2 Posts: 3,891 ✭✭✭iamanengine


    Constitutional is absolute madness.

    I gave myself 15mins to study per topic, and since this morning (with breaks) I still haven't covered everything I want to cover!


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  • Registered Users, Registered Users 2 Posts: 434 ✭✭rightytighty


    I just phoned Neptune Stadium and was told the venue won’t be open until 9!


  • Registered Users, Registered Users 2 Posts: 434 ✭✭rightytighty


    I believe the issue in each case was in the various trial judges' directions to the respective juries on the plea of provocation - how it applies and the perspective the jury is to look at. There is a risk of the trial judges veering a bit too close to introducing too much of an objective element rather than clarifying that it is subjective with proportionality only as to credibility of plea of provocation. In the recent case of Webster, the trial judge noted that it was something of a graveyard for trial judges when charging juries.

    Just a general note on provocation, the Court of Criminal Appeal has noted the area as being a minefield and confusing for lawyers, judges and juries!

    Thank you!


  • Closed Accounts Posts: 38 PerryMason2020


    You’d think but in October we were told we could start once we got the exam paper which was kind of annoying for those of us a the back of the hall!


    What?!? That's mad!! Bit unfair for those left waiting.


  • Closed Accounts Posts: 38 PerryMason2020


    I just phoned Neptune Stadium and was told the venue won’t be open until 9!


    Fingers crossed for a dry day so tomorrow!!


  • Registered Users, Registered Users 2 Posts: 434 ✭✭rightytighty


    Fingers crossed for a dry day so tomorrow!!

    I’m going to be there a lot earlier so I hope something changes lol


  • Registered Users, Registered Users 2 Posts: 137 ✭✭SwD


    What?!? That's mad!! Bit unfair for those left waiting.

    They drop them from the front to back and collect them from front to back. Seems fair enough.


  • Registered Users, Registered Users 2 Posts: 8 CDarrall


    Constitutional

    Does anyone have notes on PP v Judges of the Circuit Court? I can't really make sense of it. Also in Eoin Carolin's slides he has this down under remedies but I don't have anything on how it relates to that at all, just have that he was granted locus standi

    The point on remedies is that the court can declare a provision of the constitution to be unconstitutional from a date other than 1937 (because declaring unconstitutionality from 1937 might not be workable in most cases). They said it would be "absurd and impossible" for the court to pinpoint the exact moment in time when society evolved & the provision became unworkable- therefore it could be appropriate to mark the date of the decision as the date of the unconstitutionality. O'Donnell J said that provisions can evolve into being unworkable & unconstitutional because of (1) legislative change (2) constitutional change and (3) societal change.

    However- Clarke CJ stated that the entire judgment regarding the remedy & the date of unconstitutionality was on an obiter basis.


  • Registered Users, Registered Users 2 Posts: 26 EAL2019


    Sineaddh wrote: »
    I have left EU very late and really struggle with the subject.

    Would anyone have any advice as to how best to tackle it?
    Which topics to focus on?

    TIA!

    Institutions, General Principles of EU Law, Direct Effect and Member State Liability, Judicial Review and Free Movement of Goods are all almost guaranteed questions. Like I’d be surprised if you didn’t get at least 4 questions from covering those.

    To maximise my chances I’m also doing Free Movement of Workers and EU citizenship (come up fairly regularly and tend to come up together when they do) and also Anti-Discrimination/Equality because it hasn’t come up in a while.

    Competition is another one that comes up regularly but unfortunately it’s just too big for me to realistically cover at this stage.

    Very much open to feedback/thoughts on this from anyone else doing EU!


  • Registered Users, Registered Users 2 Posts: 241 ✭✭user115


    CDarrall wrote: »
    The point on remedies is that the court can declare a provision of the constitution to be unconstitutional from a date other than 1937 (because declaring unconstitutionality from 1937 might not be workable in most cases). They said it would be "absurd and impossible" for the court to pinpoint the exact moment in time when society evolved & the provision became unworkable- therefore it could be appropriate to mark the date of the decision as the date of the unconstitutionality. O'Donnell J said that provisions can evolve into being unworkable & unconstitutional because of (1) legislative change (2) constitutional change and (3) societal change.

    However- Clarke CJ stated that the entire judgment regarding the remedy & the date of unconstitutionality was on an obiter basis.

    Thanks for explaining that. Does this line up with what the SC said in their preliminary ref of the Dwyer case re mobile phone data recently? From what I understood this means that even if the EUCJ declare the current system for data collection in Ireland not in line with GDPR and hence not in line with what is meant to be current national standards that evidence is inadmissible because the manner in which it was got was unconstitutional. However it is only inadmissible going forward from that declaration and does not invalidate previous convictions based on the evidence got on that basis prior to that. Is this correct?


  • Registered Users, Registered Users 2 Posts: 480 ✭✭nmurphy1441


    Can anyone tell me if bail came up on the criminal exam in October?


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  • Registered Users, Registered Users 2 Posts: 241 ✭✭user115


    Right to livelihood

    If you are doing a question on this do you try to link it in to say that the livelihood is considered a property right under art 43 as mentioned in Re art 26 employment equality act? Or should you just be going on the basis that what is made subject to the livelihood must be an actual right?

    I'm finding right livelihood really confusing


  • Registered Users, Registered Users 2 Posts: 73 ✭✭Reya10


    EAL2019 wrote: »
    Institutions, General Principles of EU Law, Direct Effect and Member State Liability, Judicial Review and Free Movement of Goods are all almost guaranteed questions. Like I’d be surprised if you didn’t get at least 4 questions from covering those.

    To maximise my chances I’m also doing Free Movement of Workers and EU citizenship (come up fairly regularly and tend to come up together when they do) and also Anti-Discrimination/Equality because it hasn’t come up in a while.

    Competition is another one that comes up regularly but unfortunately it’s just too big for me to realistically cover at this stage.

    Very much open to feedback/thoughts on this from anyone else doing EU!

    Doing pretty much the exact same- also left out competition completely but I covered FTPS/FOE and preliminary ref procedure in brief detail.

    SURELY we will have enough for five questions :(


  • Registered Users, Registered Users 2 Posts: 131 ✭✭JCormac


    Does anyone know what’s been predicted by the colleges for EU?
    In terms of essay or problem Q I have no idea, I haven't really been looking at past papers for Tort, just the grid



    I don't know what has been predicted but it does seem to me to be one of the more predictable exams.

    Institutions, General Principles, Direct Effect/MS Liability, Judicial Review, Free Movement of Goods, Free Movement of Workers, Competition and Citizenship are up time and again. If you have those you will almost always have 5.

    I didn't do Competition, probably should have, but am doing Sources and Equality.

    The usual, basically what iamanengine said up there!

    Although - State Aid was predicted by IC. Very rarely comes up though.

    Judicial Review was not on the prediction list despite the fact it comes up every single sitting. Unsure as to why that would be.


    Very aware that this very thing might have been been said already - Making my way through the last 1000 posts :pac:


  • Registered Users, Registered Users 2 Posts: 169 ✭✭EmmaO94


    Can anyone tell me if bail came up on the criminal exam in October?

    Nope it didn't, so I think it's well worth going over for tomorrow!


  • Registered Users, Registered Users 2 Posts: 480 ✭✭nmurphy1441


    EmmaO94 wrote: »
    Nope it didn't, so I think it's well worth going over for tomorrow!

    That’s great, thanks! I thought it didn’t!!!! Can you tell me the other essay type questions that came up? I lost the paper!


  • Registered Users, Registered Users 2 Posts: 11 stressssedout


    Is there anyway you can drop in your constitution the morning of to use for the exam? I don't live near by and it's my first exam 😣


  • Registered Users, Registered Users 2 Posts: 233 ✭✭jewels652


    Fingers crossed for a dry day so tomorrow!!

    Is constitutional on tomorrow? I thought it was on Friday


  • Registered Users, Registered Users 2 Posts: 83 ✭✭godfather2


    Is there anyway you can drop in your constitution the morning of to use for the exam? I don't live near by and it's my first exam 😣

    You can but you will not have it for the start of your exam, could be 15_30 mins before they get it to you depending on how many others do the same thing. Had to do it for property last sitting. Was ok as did questions not requiring the legislation first. Not so sure about other exams where you might need it from the get go.

    Do you know anyone sitting criminal tomorrow who might leave it in for you? That's what I'm doing.


  • Registered Users, Registered Users 2 Posts: 434 ✭✭rightytighty


    JCormac wrote: »
    The usual, basically what iamanengine said up there!

    Although - State Aid was predicted by IC. Very rarely comes up though.

    Judicial Review was not on the prediction list despite the fact it comes up every single sitting. Unsure as to why that would be.


    Very aware that this very thing might have been been said already - Making my way through the last 1000 posts :pac:

    Many thanks! You don’t happen to know what they reckon for Company next week too?


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  • Registered Users, Registered Users 2 Posts: 169 ✭✭EmmaO94


    That’s great, thanks! I thought it didn’t!!!! Can you tell me the other essay type questions that came up? I lost the paper!

    No probs! Yeah so the essay qs were:

    'Discuss & outline the way in which the criminal law in Ireland deals with the issue of consent in relation to sexual offences'

    And then there was a short problem q which was basically more of an essay, asking you to discuss detention without charge, right to silence in Garda custody & reasonable access to a lawyer whilst in custody


This discussion has been closed.
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