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

insantiy is an internal factor, automatism is an external factor. this is copied from my manual;

Insanity v Automatism
[10-20] The distinction between insanity and automatism is particularly important and has
been expressed in various ways. In R. v Rabey5 (a case we will look at in more detail later)
Martin JA for the Ontario Court of Appeal said the distinction is between a malfunctioning of
the mind caused by an internal factor (insanity) and one that is caused by an external factor
(automatism):
“[T]he distinction to be drawn is between a malfunctioning of the mind arising from some
cause that is primarily internal to the accused, having its source in his psychological or
emotional make-up, or in some organic pathology, as opposed to a malfunctioning of the
mind, which is the transient effect produced by some specified external factor such as,
for example, concussion. Any malfunctioning of the mind, or mental disorder having its
source primarily in some subjective condition or weakness internal to the accused
(whether fully understood or not) may be a ‘disease of the mind’ if it prevents the accused
from knowing what he is doing, but transient disturbances of consciousness due to
certain specific external factors do not fall within the concept of ‘disease of the mind’.”
[10-21] In R v Falconer
6 Malcolm C.J. in the Court of Criminal Appeal of Western Australia
drew a distinction between “non-insane automatism” (automatism) and “insane automatism”
(insanity), saying:
“In the context of automatism, if the accused did not know the nature and quality of his
act because of something other than a defect of reason from disease of the mind, then
his act may not be properly described as voluntary. In such a case he would be entitled
to be acquitted on the ground that the Crown had failed to prove beyond a reasonable
doubt that the relevant act was voluntary. This is the significance of non-insane
automatism. If the failure to realise the nature and quality of the act was due to a defect

4 Section 20(4).
5 (1977) 37 CCC (2d) 461.
6 (1990) 171 CLR 30.
THE DEFENCES CHAPTER 10
156 | P a g e
© Griffith College Professional Law School
of reason from disease of the mind, then according to the McNaghten Rules, the accused
would be not guilty, but insane … This is the significance of insane automatism … The
rationale of the distinction lies in the need to protect the community from the recurrent
conduct of persons suffering from a disease of the mind.”

External factors capable in law of causing a state of Automatism
[10-22] In R. v Quick7 Lawton L.J said, “[a] malfunctioning of the mind of transitory effect
caused by the application to the body of some external factor such as violence, drugs, including
anaesthetics, alcohol and hypnotic influences cannot fairly be said to be due to disease.”

IgoPAP wrote: »

Is the mock exam for today not appearing for anybody else.

Think it was only available until 2pm. Hope you logged in and got to have a look around it

Just phoned the law society there as I had a minor panic attack wondering about what would happen if the timer for the exam hit zero before you've clicked to submit the exam for grading and was told that it looks like they're going to give us an extra 30 minutes at the end to have time to review and submit our exam. She said we should get notice about it shortly.

Supermax1988 wrote: »

Just phoned the law society there as I had a minor panic attack wondering about what would happen if the timer for the exam hit zero before you've clicked to submit the exam for grading and was told that it looks like they're going to give us an extra 30 minutes at the end to have time to review and submit our exam. She said we should get notice about it shortly.

"shortly"... their favourite word lol

Hi guys,

I was not able to do the practice exam on better examinations, due to personal reasons I wasn't able to be available during the window when the practice exam was scheduled.
I have installed the proctorio extension on my browser myself but I'm just wondering if there is anything else I need to do? I have had a look at the betterexaminations software but I am not clear about how the exam will appear for me on the day. Would anyone be able to give me even just a brief run down of how the exam will appear - like is it a split screen situation where the exam is on one side and the answer book on the other? and how we access the notepad feature that allows us to take rough notes? Sorry for all the questions and thanks in advance for any help! 

LawCopy16 wrote: »

Hi guys,

I was not able to do the practice exam on better examinations, due to personal reasons I wasn't able to be available during the window when the practice exam was scheduled.
I have installed the proctorio extension on my browser myself but I'm just wondering if there is anything else I need to do? I have had a look at the betterexaminations software but I am not clear about how the exam will appear for me on the day. Would anyone be able to give me even just a brief run down of how the exam will appear - like is it a split screen situation where the exam is on one side and the answer book on the other? and how we access the notepad feature that allows us to take rough notes? Sorry for all the questions and thanks in advance for any help! 

Hi.

The questions are individually listed- so if you click question 1, you will be brought to that question. Directly underneath the question is a box where u type your answer. On the right side of this page they're are icons ( sticky note, note pad, highlight). All these features are the same for each question. So, if you have a sticky note on question 5, it will stay on question 5. If that makes sense?
Someone in a previous post has photos of it.
I hope this helps somehow!

Jeremiah25 wrote: »

Case notes for Cons. are even more unpredictable than those in EU. Think the same case has only appeared once.

However, there does tend to be a focus on some relatively recent case law so could be worth reading up on the big judgments from this year.

Thanks

SKLaw wrote: »

Update on the LS website is that we’ll have an extra 30 minutes for the exams

“Exam timetable

All examinations will be held between 10.00am and 1.30pm:

Download the November 2020 FE-1 timetable (updated 23 October 2020)”

Great!
The phrasing is funny though. Does it mean that we all have 3.5 hours or that we have 3 hours between 10 and 1:30, like in case we are slow logging in or something?
The word between is throwing me I think

When you click on the timetable link it still says 10am-1pm though?
I'm even more confused now

Do we have to show our workspace beforehand does anybody know? Also, can someone just drop in at any random time and ask us to show them our workspace? Not sure from the mock exam how somebody could enter the room at random

Fe123 wrote: »

So lost for equity guys!! Any tips not sure what to cover

According to the prep course I did if you cover the following you would be able to answer 5 questions out of 8 for the past 15+ exams (excluding the 2/3 question):

1. Injunctions
2. Express Trusts
3. Charitable Trusts
4. Resulting Trusts
5. Trustees
6. Tracing
7. Specific Performance
8. Constructive Trusts
9. Undue Influence

We were also told it's recommended to study estoppel as well if we have time.

I decided I'm gonna do Equity in March next instead of this sitting so I haven't narrowed it down further so can't help you any more than that I'm afraid!

LawCopy16 wrote: »

Hi guys,

I was not able to do the practice exam on better examinations, due to personal reasons I wasn't able to be available during the window when the practice exam was scheduled.
I have installed the proctorio extension on my browser myself but I'm just wondering if there is anything else I need to do? I have had a look at the betterexaminations software but I am not clear about how the exam will appear for me on the day. Would anyone be able to give me even just a brief run down of how the exam will appear - like is it a split screen situation where the exam is on one side and the answer book on the other? and how we access the notepad feature that allows us to take rough notes? Sorry for all the questions and thanks in advance for any help! 

SS_98 wrote: »

Wondering if anyone can help!

I thought the mock exam started at 2 today but turns out that’s the time it ended. After about 5 mins from logging in I got a warning saying return to exam and then I was kicked.. just wondering did I do something wrong or is this what happens when the exam is over? Can’t get through to anyone from the law society!

It was reasonably straightforward. I'm not sitting criminal law so I imagined I was answering a constitutional law question to get the feel of it. I normally look at the screen when typing rather than at the keyboard but I found that the speed at which the typed text appeared wasn't quite instantaneous which I found slightly threw my typing so I looked at the keyboard instead.

In a normal exam, I would try to write out practice answers by hand, which helps give me a rough idea of how many pages I should aim for in the time available. Obviously quality is more important than quantity but I like to have a quantitative framework to bear in mind as it helps structure my writing. The mock version didn't include a word count so the only quantitative metric was lines and paragraphs. I counted roughly 20 words per line so that will be useful to bear in mind in considering roughly what type of length I should be looking at.