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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: 62 ✭✭CoconutHeadMia


    Are people covering detention? Find the judges rules and statutory regulations difficult


  • Registered Users, Registered Users 2 Posts: 44 Lelila


    rickmatt wrote: »
    Constitutional March 2020 Questions anyone????

    DM me your email address & I'll send you a copy of the paper.


  • Registered Users, Registered Users 2 Posts: 214 ✭✭FE1new


    Are people covering detention? Find the judges rules and statutory regulations difficult

    Yes just learning the 4 periods and the regulations.


  • Registered Users, Registered Users 2 Posts: 12 Buttonbean123


    Is there much to cover under the Criminal Justice (Sexual Offences) Act 2017 given that it’s relatively new? Do people have much to write on this?


  • Registered Users, Registered Users 2 Posts: 214 ✭✭FE1new


    Is there much to cover under the Criminsl Justice (Sexual Offences) Act 2017 given that it’s relatively new? Do people have much to write on this?

    Main ones are:

    s.16 Offence to engage or attempt to engage in a sexual act with a child under 15
    Not a defence to say they were consenting
    However, can say mistakingly thought they were 15
    Case PG v. Ireland & Ors 13 year old.
    Punishment Life

    s.17 A person who engages in a sexual act with a child who is under the age of 17 years shall be guilty of an offence
    Consent no defence unless :
    If between 15 & 17 & consenting, If not more than 2 years older & not a person in authority & no intimidatory or exploitative relationship. Case - DPP v Tulie (2016) Court of Appeal – was a person in authority at the time he met the 16 year old, but at the time of offences was no longer teaching her, so was no longer a person in authority. NOTE : If this had been after the 2017 Act, he would have been convicted as a person in authority is someone who is or has been responsible for the child’s teaching or education.
    Punishment: 7 years
    or
    15 years if person in authority

    s.21 A person who engages in a sexual act with a protected person knowing that that person is a protected person or being reckless as to whether that person is a protected person shall be guilty of an offence
    A protected person is one whose capacity to consent is limited
    It is an offence to invite, induce, counsel or incite a protected person to engage in a sexual act
    Requires DPP consent
    Punishment: Life (or up to 14 years if sexual assault) 10 years

    s.22 A person in authority who engages in a sexual act with a relevant person shall be guilty of an offence
    A relevant person is one who has a mental or intellectual disability or a mental illness ‘which is of such nature as to severely restrict the ability of the person to guard himself or herself against serious exploitation’.
    Consent is no defence.
    Honest belief that the person wasn’t mentally or intellectually disabled is a defence (but hard to prove)
    Requires DPP consent
    Punishment : 10 years
    (or 5 years if sexual assault)


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  • Registered Users, Registered Users 2 Posts: 552 ✭✭✭awsah


    FE1new wrote: »
    Main ones are:

    s.16 Offence to engage or attempt to engage in a sexual act with a child under 15
    Not a defence to say they were consenting
    However, can say mistakingly thought they were 15
    Case PG v. Ireland & Ors 13 year old.
    Punishment Life

    s.17 A person who engages in a sexual act with a child who is under the age of 17 years shall be guilty of an offence
    Consent no defence unless :
    If between 15 & 17 & consenting, If not more than 2 years older & not a person in authority & no intimidatory or exploitative relationship. Case - DPP v Tulie (2016) Court of Appeal – was a person in authority at the time he met the 16 year old, but at the time of offences was no longer teaching her, so was no longer a person in authority. NOTE : If this had been after the 2017 Act, he would have been convicted as a person in authority is someone who is or has been responsible for the child’s teaching or education.
    Punishment: 7 years
    or
    15 years if person in authority

    s.21 A person who engages in a sexual act with a protected person knowing that that person is a protected person or being reckless as to whether that person is a protected person shall be guilty of an offence
    A protected person is one whose capacity to consent is limited
    It is an offence to invite, induce, counsel or incite a protected person to engage in a sexual act
    Requires DPP consent
    Punishment: Life (or up to 14 years if sexual assault) 10 years

    s.22 A person in authority who engages in a sexual act with a relevant person shall be guilty of an offence
    A relevant person is one who has a mental or intellectual disability or a mental illness ‘which is of such nature as to severely restrict the ability of the person to guard himself or herself against serious exploitation’.
    Consent is no defence.
    Honest belief that the person wasn’t mentally or intellectually disabled is a defence (but hard to prove)
    Requires DPP consent
    Punishment : 10 years
    (or 5 years if sexual assault)

    It also defines consent in the context of sexual activity and put it on a statutory footing. Section 42 of the act sets out what constitutes consent/not consent.


  • Registered Users, Registered Users 2 Posts: 12 Buttonbean123


    FE1new wrote: »
    Main ones are:

    s.16 Offence to engage or attempt to engage in a sexual act with a child under 15
    Not a defence to say they were consenting
    However, can say mistakingly thought they were 15
    Case PG v. Ireland & Ors 13 year old.
    Punishment Life

    s.17 A person who engages in a sexual act with a child who is under the age of 17 years shall be guilty of an offence
    Consent no defence unless :
    If between 15 & 17 & consenting, If not more than 2 years older & not a person in authority & no intimidatory or exploitative relationship. Case - DPP v Tulie (2016) Court of Appeal – was a person in authority at the time he met the 16 year old, but at the time of offences was no longer teaching her, so was no longer a person in authority. NOTE : If this had been after the 2017 Act, he would have been convicted as a person in authority is someone who is or has been responsible for the child’s teaching or education.
    Punishment: 7 years
    or
    15 years if person in authority

    s.21 A person who engages in a sexual act with a protected person knowing that that person is a protected person or being reckless as to whether that person is a protected person shall be guilty of an offence
    A protected person is one whose capacity to consent is limited
    It is an offence to invite, induce, counsel or incite a protected person to engage in a sexual act
    Requires DPP consent
    Punishment: Life (or up to 14 years if sexual assault) 10 years

    s.22 A person in authority who engages in a sexual act with a relevant person shall be guilty of an offence
    A relevant person is one who has a mental or intellectual disability or a mental illness ‘which is of such nature as to severely restrict the ability of the person to guard himself or herself against serious exploitation’.
    Consent is no defence.
    Honest belief that the person wasn’t mentally or intellectually disabled is a defence (but hard to prove)
    Requires DPP consent
    Punishment : 10 years
    (or 5 years if sexual assault)



    Amazing - thank you so so much ☺️


  • Registered Users, Registered Users 2 Posts: 9 superS


    Lelila wrote: »
    DM me your email address & I'll send you a copy of the paper.

    Can I get a copy as well? :)


  • Registered Users, Registered Users 2 Posts: 44 Lelila


    superS wrote: »
    Can I get a copy as well? :)

    Yes, DM me.


  • Registered Users, Registered Users 2 Posts: 11 stav


    Can anyone confirm what the legislation checks are like at the beginning of the exam? Are you asked to flick through them and show your workspace?
    I'm using a laptop with a webcam attached, so showing my workspace might be hard. I'm stressing that I won't do it effectively and don't want to get flagged for no reason! Thanks a million in advance for your help :)


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  • Registered Users, Registered Users 2 Posts: 23 ellachapman96


    stav wrote: »
    Can anyone confirm what the legislation checks are like at the beginning of the exam? Are you asked to flick through them and show your workspace?
    I'm using a laptop with a webcam attached, so showing my workspace might be hard. I'm stressing that I won't do it effectively and don't want to get flagged for no reason! Thanks a million in advance for your help :)

    Literally nothing happens, its just like the mock exam. I just held up the companies act at the start to show the camera what I was looking at but I just chose to do that. Nothing tells you to show your environment/legislation!


  • Registered Users, Registered Users 2 Posts: 235 ✭✭Iso_123


    property question on co ownership

    I was wondering if someone could help me out with a question on severance of a joint tenancy because i've completely confused myself.. Where one joint tenant acquires another one of the joint tenants interest (lets say there were 3 joint tenants to begin with but now that one has acquired another's interest there are only 2 left) - does this sever the joint tenancy and now the remaining 2 are tenants in common? or are they still joint tenants?

    I'm confused because my manual seems to contradict itself or I might just be reading it wrong..


  • Registered Users, Registered Users 2 Posts: 208 ✭✭Aoibhin511


    Iso_123 wrote: »
    property question on co ownership

    I was wondering if someone could help me out with a question on severance of a joint tenancy because i've completely confused myself.. Where one joint tenant acquires another one of the joint tenants interest (lets say there were 3 joint tenants to begin with but now that one has acquired another's interest there are only 2 left) - does this sever the joint tenancy and now the remaining 2 are tenants in common? or are they still joint tenants?

    I'm confused because my manual seems to contradict itself or I might just be reading it wrong..

    In that situation where you have 3 co-owners and one acquires an extra interest, that person is a TIC in relation to the other 2, but the other two still have are still JT to each other. Same goes if person 1 sell to someone else, the new buyer is a TIC but the others remain JT in relation to each other.


  • Registered Users, Registered Users 2 Posts: 235 ✭✭Iso_123


    Aoibhin511 wrote: »
    In that situation where you have 3 co-owners and one acquires an extra interest, that person is a TIC in relation to the other 2, but the other two still have are still JT to each other. Same goes if person 1 sell to someone else, the new buyer is a TIC but the others remain JT in relation to each other.

    Thanks for this! but if there was only 3 to begin with and 1 acquires another's interest so now there's only 2 left.. does this change anything? will the 2 remaining be tenants in common now because some of the unities are gone? or will the 2 remaining still be joint tenants?


  • Registered Users, Registered Users 2 Posts: 28 jcarroll9


    The criminal exam is available until 3 pm, does that mean we can start later than 10am?? Was this how they did it yesterday?


  • Registered Users, Registered Users 2 Posts: 38 orlaghs


    Iso_123 wrote: »
    Thanks for this! but if there was only 3 to begin with and 1 acquires another's interest so now there's only 2 left.. does this change anything? will the 2 remaining be tenants in common now because some of the unities are gone? or will the 2 remaining still be joint tenants?

    I think the remaining JT become TIC because the unity of interest is destroyed! That's my understanding of it anyways


  • Registered Users, Registered Users 2 Posts: 235 ✭✭Iso_123


    orlaghs wrote: »
    I think the remaining JT become TIC because the unity of interest is destroyed! That's my understanding of it anyways

    This is what I thought but was second guessing myself! thanks so much


  • Registered Users, Registered Users 2 Posts: 208 ✭✭Aoibhin511


    orlaghs wrote: »
    I think the remaining JT become TIC because the unity of interest is destroyed! That's my understanding of it anyways

    If there there were more than two JT, then only the severed tenant becomes a TIC, with the others continuing to be JT with regards to their share of the property (66% in the case of 3 original JT)
    See Wright v Gibbons

    Obviously if there are only two joint-tenants to start with and one severs then they must both become TIC since the non-severing party has no one to be JT with.


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


    Would anyone possibly have an up to date Equity grid they could send me?


  • Registered Users, Registered Users 2 Posts: 9 ann1994


    Hi, does anyone else who has done exams this week feel their typed answers look short? I found it very hard to judge with no word count or pages to gauge if I have enough typed.


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  • Closed Accounts Posts: 141 ✭✭shaunadennyham


    ann1994 wrote: »
    Hi, does anyone else who has done exams this week feel their typed answers look short? I found it very hard to judge with no word count or pages to gauge if I have enough typed.

    I found that too and also found it took longer to type because you’re constantly editing what you’re saying in real time? Whereas when you’re writing you get a nice flow going


  • Registered Users, Registered Users 2 Posts: 84 ✭✭bluerthanu


    Aoibhin511 wrote: »
    If there there were more than two JT, then only the severed tenant becomes a TIC, with the others continuing to be JT with regards to their share of the property (66% in the case of 3 original JT)
    See Wright v Gibbons

    Obviously if there are only two joint-tenants to start with and one severs then they must both become TIC since the non-severing party has no one to be JT with.

    I think that would only apply to an inter vivos alienation to a third party or if there were more than 3 tenants? If we’re going off of the original posters question, which, as I understand it, was 3 original JT’s but one of the JT’s acquires a further interest, then only two co-owners remain? My understanding is that you would then have a severance of TIC of 66% to the acquiring interest co-owner, and 33% to the remaining JT now TIC.


  • Registered Users, Registered Users 2 Posts: 23 EM95


    I found it very hard to judge because of the scroll function and that it's not like a normal word document! I also found not being able to see the answers in front of me and flicking between them hard to judge! Have you showed your workspace or are we meant to I cleared it out but thought someone might drop in and ask but no?


  • Registered Users, Registered Users 2 Posts: 65 ✭✭fe12020oct


    CONSTITUTIONAL

    for property is it worth learning planning permission/licenses/milk quotas etc or would i be ok with basic definition of property with unjust attack and common good/social justice/compensation and tie in with right to earn livelihood?? any advice appreciated :)


  • Registered Users, Registered Users 2 Posts: 235 ✭✭Iso_123


    bluerthanu wrote: »
    I think that would only apply to an inter vivos alienation to a third party or if there were more than 3 tenants? If we’re going off of the original posters question, which, as I understand it, was 3 original JT’s but one of the JT’s acquires a further interest, then only two co-owners remain? My understanding is that you would then have a severance of TIC of 66% to the acquiring interest co-owner, and 33% to the remaining JT now TIC.

    Thank you so much for this this is what I was trying to ask! I thought this was the case that where there were originally 3 JT's and one acquires a further interest this would act to sever the JT and the remaining 2 would now be TIC with each other. that's great thanks


  • Registered Users, Registered Users 2 Posts: 87 ✭✭FE1Rookie


    So we can "log in" any time after 8.15am and no later than 9.30am. Does it matter if you log in a few minutes before 9.30am? Or has that affected some people being locked out or unable to view things because it's loading for ages?

    Just wondering what experience people have had and what they recommend to do? Because I am not a morning person and 9.25am would suit me best instead of pacing around from 8.15am until the 10am start.


  • Registered Users, Registered Users 2 Posts: 87 ✭✭FE1Rookie


    Also does anyone have the pass rates for subjects? I have one that is quite outdated and only goes as far as 2017


  • Registered Users, Registered Users 2 Posts: 110 ✭✭StabiloLaw


    FE1Rookie wrote: »
    So we can "log in" any time after 8.15am and no later than 9.30am. Does it matter if you log in a few minutes before 9.30am? Or has that affected some people being locked out or unable to view things because it's loading for ages?

    Just wondering what experience people have had and what they recommend to do? Because I am not a morning person and 9.25am would suit me best instead of pacing around from 8.15am until the 10am start.
    I logged in pretty much exactly at 9.30 and I didn't have any issues.


  • Registered Users, Registered Users 2 Posts: 147 ✭✭Hamerzan Sickles


    For Constitutional Law, is each Problem Question usually centred around one particular topic? Or does he ask several topics in one problem question.


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  • Registered Users, Registered Users 2 Posts: 27 legaleagle2010


    Any hints/tips for property? Ive covered the following,

    Adverse possession
    succession
    finding
    family property
    land registration
    co-ownership

    any advice would be much appreciated !


This discussion has been closed.
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