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FE1 Exam Thread (Mod Warning: NO ADS)

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Comments

  • Registered Users, Registered Users 2 Posts: 64 ✭✭Miss_F


    CFOLEY85 wrote: »
    Hi All

    Stressed isnt the word. In relation to Vicarious Liability, whats the appropriate test to apply, Scope / Course? Or should I just mention the two of them in my answer?

    Ps: why does the tort examiner make questions so confusing, Grrrr

    From the manual

    Scope likely to be adopted where the worker has committed an intended wrong outside his duties to his employer.

    Course likely to be adopted where injury is accidental and not obviously inconsistent with the job he was employed to do.

    Therefore my reading is scope = wrong , course = accident.
    Prob not a bad idea to include the two, but then again will the examiner think you dont no the difference an dock marks?????

    Not sure how that works , thinkin the same bout the questions though. . .


  • Registered Users, Registered Users 2 Posts: 64 ✭✭Miss_F


    Kamilat wrote: »
    Hi,

    I was wondering if anyone can tell me what topics came up in company law at the last sitting Oct '10 apart from directors and borrowing?
    Company 2010 Oct

    Corporate Contracts
    Restriction & Disqualification of Directors
    Shares
    Shareholder protections
    Shareholder & Director meetings
    Winding Up


  • Closed Accounts Posts: 33 AnnAh1986


    nr46 wrote: »
    Hi there,

    just wondering what ppl are covering in constitutional?

    Im doing the following:
    -Constitutional Interpretation
    -President
    -SOP
    -Non Justiciability
    -Oireachtas
    -Unenum rights
    -Livelihood
    -Equality
    -Prop rights
    -Family & Education
    -Expression
    -Trial in due course of law
    -Religion

    will that be enough?! Its getting so close now so panic has really started in!

    Also, what exactly are ppl covering in family and education?!

    Roll on the 1st of April!!!!

    Thats exactly what I am covering and the people that I know are. My constitutional interpretation is even a little scant.

    In Family & Ed only covered parental decision making autonomy - child medical issues - and left the rest as it never comes up.


  • Closed Accounts Posts: 52 ✭✭CFOLEY85


    Miss_F wrote: »
    From the manual

    Scope likely to be adopted where the worker has committed an intended wrong outside his duties to his employer.

    Course likely to be adopted where injury is accidental and not obviously inconsistent with the job he was employed to do.

    Therefore my reading is scope = wrong , course = accident.
    Prob not a bad idea to include the two, but then again will the examiner think you dont no the difference an dock marks?????

    Not sure how that works , thinkin the same bout the questions though. . .
    Thanks a million for that. Cant wait to have this exam behind me


  • Registered Users, Registered Users 2 Posts: 244 ✭✭Dylan123


    Prob a stupid question... But when i look at the model answers ...correct me if i am wrong... but they do not strictly follow the Ilac system or essay... Really they look like an essay.... am i missing the point here..

    Very tempted to drop eu after a lot of study... seems like a good move but trusting someone who has been there and worn the tshirt...who advised not to... hope that is not a big mistake as my opinion was changed about two weeks on this....


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  • Closed Accounts Posts: 52 ✭✭CFOLEY85


    Dylan123 wrote: »
    Prob a stupid question... But when i look at the model answers ...correct me if i am wrong... but they do not strictly follow the Ilac system or essay... Really they look like an essay.... am i missing the point here..

    Very tempted to drop eu after a lot of study... seems like a good move but trusting someone who has been there and worn the tshirt...who advised not to... hope that is not a big mistake as my opinion was changed about two weeks on this....

    If this is your first time sitting the fe1's and you're only doing 4exams and so need 3, DO NOT just sit three in the hope of passing them.

    You never know what will happen on the day of the 3 exams you intend on sitting/passing.

    On my first 4, I had Equity, Const and Contract, 3 days in a row. I thought by far Const would be the hardest. On the morning of my const exam, I was really sick, collapse and couldnt even look over my study notes that morning, really considered not sitting const because I was full sure I would fail.

    Turned out I actually failed Equity and had I chosen not to sit const I would have been back to square one with sitting all 4 exams in the following sitting.
    Attempt the 4, esp when you've put in the work.

    Im doing EU this time round too and its scary but hopefully it will go right for us on the day. Chin up:)


  • Closed Accounts Posts: 52 ✭✭CFOLEY85


    Ok silly question but can some one reassure on what "Strict Liabilty" means please?


  • Registered Users, Registered Users 2 Posts: 80 ✭✭UberStressed


    Hey - Does anyone know how long it takes on the Luas from the city centre out to the Red Cow? This extra stress of a new venue is seriously not what we need right now!


  • Registered Users, Registered Users 2 Posts: 79 ✭✭Kamilat


    Miss_F wrote: »
    Company 2010 Oct

    Corporate Contracts
    Restriction & Disqualification of Directors
    Shares
    Shareholder protections
    Shareholder & Director meetings
    Winding Up

    Thanks a mil!


  • Registered Users, Registered Users 2 Posts: 244 ✭✭Dylan123


    Indistinctly Applicable Measures: Free Movement of Workers:

    Why was the minimum alcohol limit of 25% in the Casis case upheld?

    I cant see how it was justified on public grounds??

    The ECJ held that its up to a member state to regulate the consumption of such beverages....

    the Cinetheque case makes sense to me but Casis????? wtf

    1+1 = 12 million??


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  • Registered Users, Registered Users 2 Posts: 364 ✭✭brian__foley


    Dylan123 wrote: »
    Prob a stupid question... But when i look at the model answers ...correct me if i am wrong... but they do not strictly follow the Ilac system or essay... Really they look like an essay.... am i missing the point here..

    I really do think people are being far too formal over things like "how an essay should be written". My own view (based on my own experience, and my own history in exams etc) is that the ILAC method can lead to stilted and babyish answers where it is relied on by candidates in an overly formal manner. The law is the law and a good answer is a good answer. No-one asking for advice is interested in what the law is outside of how it applies to their case, and I'd be inclined to view the description of what the law "is" as being intertwined with its application at all points.

    What is the point in setting out (abstractly from the facts) what the "law" is and then "applying it". Doesn't that come a bit close (if used invariably and without discrimination) to writing "all one knows" about the law? Suppose you have a question in contract on offer and acceptance does one set out the "law" on that and then "apply" it? No! You simply deal with the question. These exams are about one thing only - knowing the law. There is no rule, no gospel or no mantra concerning how you should write down the evidence which demonstrates you know the law.

    Just answer the question according whatever structure you think lends itself best to presenting the law and its application to the particular question you are being asked. Sometimes this may need "abstract" setting out of law. On other occasions it won't and, indeed you won't have the time to do it.

    If you know the law, and understand what you are doing in a given question, you will be fine.


  • Registered Users, Registered Users 2 Posts: 1,270 ✭✭✭JCJCJC


    CFOLEY85 wrote: »
    Ok silly question but can some one reassure on what "Strict Liabilty" means please?

    It means you are guilty of the offence you are alleged to have committed, no mens rea involved, actus reus is enough. For example, being over the blood-alcohol limit and driving. Once you are over it, no excuse matters, you're guilty.


  • Closed Accounts Posts: 96 ✭✭skeenan89


    hi
    was just wondering if any one has done company before? you really need the legislation? dont have time/money to buy it!!!
    stressed/panicked!!!!:)


  • Registered Users, Registered Users 2 Posts: 34 cd.galway


    Can you print out relevant sections to the comapnies acts and bring them in for the exam ???
    Has anyone recent cases for Company???


  • Closed Accounts Posts: 96 ✭✭skeenan89


    cd.galway wrote: »
    Can you print out relevant sections to the comapnies acts and bring them in for the exam ???
    Has anyone recent cases for Company???

    dont think ur allowed any photocopies....has to be the book!!


  • Registered Users, Registered Users 2 Posts: 178 ✭✭doing


    nr46 wrote: »
    Hi there,

    just wondering what ppl are covering in constitutional?

    Im doing the following:
    -Constitutional Interpretation
    -President
    -SOP
    -Non Justiciability
    -Oireachtas
    -Unenum rights
    -Livelihood
    -Equality
    -Prop rights
    -Family & Education
    -Expression
    -Trial in due course of law
    -Religion

    will that be enough?! Its getting so close now so panic has really started in!

    Also, what exactly are ppl covering in family and education?!

    Roll on the 1st of April!!!!

    Just looking at the exam grids...

    The President/attorney general almost never comes up, neither does the Oireachtas, Religion.


  • Registered Users, Registered Users 2 Posts: 7,544 ✭✭✭Hogzy


    doing wrote: »
    Just looking at the exam grids...

    The President/attorney general almost never comes up, neither does the Oireachtas, Religion.

    AG came up last year. If you were to do anything id say do Art26 reference procedures.


  • Registered Users, Registered Users 2 Posts: 178 ✭✭doing


    Hogzy wrote: »
    AG came up last year. If you were to do anything id say do Art26 reference procedures.

    Yeah but it comes up as seldom as any of the other topics people typically leave out. Looking at how rare it comes up, if anything the chances of it being examined again this year would be lower than ever.

    What's the format of the exam? I've never taken constitutional before but I assume it's the same as all the others (pick your questions from 8)?


  • Registered Users, Registered Users 2 Posts: 7,544 ✭✭✭Hogzy


    doing wrote: »
    Yeah but it comes up as seldom as any of the other topics people typically leave out. Looking at how rare it comes up, if anything the chances of it being examined again this year would be lower than ever.

    What's the format of the exam? I've never taken constitutional before but I assume it's the same as all the others (pick your questions from 8)?

    Yeah, but on the last 2 papers there has been a case note question. Which means there is only 7 questions. If you can do the case note question then its down to pure luck because it is impossible to prepare for it.


  • Registered Users, Registered Users 2 Posts: 178 ✭✭doing


    Hogzy wrote: »
    Yeah, but on the last 2 papers there has been a case note question. Which means there is only 7 questions. If you can do the case note question then its down to pure luck because it is impossible to prepare for it.

    So do you have to do all the questions? The ones I've done so far you've been able to pick 5 from 8.


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  • Closed Accounts Posts: 41 T.Watson


    doing wrote: »
    So do you have to do all the questions? The ones I've done so far you've been able to pick 5 from 8.

    Ya there are 8 questions on the paper, you answer any 5, exactly like all the others. Except like EU, Constitutional can have a case notes questions which some people leave out straight off the bat in which case you would then only have 7 questions to choose from as opposed to the 8.

    Case notes questions can be hard to prepare for but you do tend to need to know the big cases quite well in Constitutional because they have so many different facets to them and are involved in different topics so it can be worth while having a good understanding of them, particularly as it makes problem questions a bit easier to deal with (in terms of being able to spot the issues which is really important for constituional).


  • Closed Accounts Posts: 41 T.Watson


    In relation to Property, is Succession Law always a guaranteed two questions on the paper or is it sometimes just one? I know it's one of those must do topics but I don't get why it seems to be singled out for two questions? Thanks all


  • Registered Users, Registered Users 2 Posts: 178 ✭✭doing


    T.Watson wrote: »
    Ya there are 8 questions on the paper, you answer any 5, exactly like all the others. Except like EU, Constitutional can have a case notes questions which some people leave out straight off the bat in which case you would then only have 7 questions to choose from as opposed to the 8.

    Case notes questions can be hard to prepare for but you do tend to need to know the big cases quite well in Constitutional because they have so many different facets to them and are involved in different topics so it can be worth while having a good understanding of them, particularly as it makes problem questions a bit easier to deal with (in terms of being able to spot the issues which is really important for constituional).

    Thanks, I was getting worried there for a minute!


  • Closed Accounts Posts: 96 ✭✭skeenan89


    do u think it would be okay to leave out
    memebers rights and shares, exmainership/receivership, capital maintenance and meetings of shareholders??? or is this too much to leave out???:confused:

    im doing
    constitutional documentation
    separate legal personalty
    ultra vires
    corporate authority
    directors
    legislative control of transactions between directors/companies
    restriction and disqualification
    directors duties on insolvency
    transfer/transmission of shares
    shareholder protection
    borrowing by the company
    liquidation
    the realisation of corporate assests


  • Registered Users, Registered Users 2 Posts: 1,270 ✭✭✭JCJCJC


    T.Watson wrote: »
    In relation to Property, is Succession Law always a guaranteed two questions on the paper or is it sometimes just one? I know it's one of those must do topics but I don't get why it seems to be singled out for two questions? Thanks all

    Nothing can ever be guaranteed, but the practise seems to be that there is one on formalities and capacity and so on, ie the making, revocation and destruction of a will, and a separate one on moral duty. The topic is so wide, and so relevant to the work of a practising solicitor, that it is reasonable to assess it thoroughly. I think it repays the effort to study it because of the two questions.


  • Closed Accounts Posts: 41 T.Watson


    Ya that's true, thanks. I think I was just looking at the topics and wondering why say landlord and tenant law and mortgages aren't more prominent. I would have thought they'd be big areas or come up as full questions but they don't seem to be as prominent unlike say adverse possession or family home protection. That being said, you're right, nothing is guaranteed...for all I know the whole paper will be on mortgages this time (oh the horror)!


  • Registered Users, Registered Users 2 Posts: 8 donovanu


    Hi everyone, if anyone could help me out on this I would much appreciate it -

    can anyone explain to me the difference between part performance (In the remedy of Specific Performance) and the doctrine of proprietary estoppel? To me they seem to be pretty much the same thing under different guises.

    Any comments or suggestions appreciated!


  • Registered Users, Registered Users 2 Posts: 337 ✭✭frustratedTC


    Hey lads, can anyone explain to me the Salmon and Heuston debate regarding Vicarious liability in tort, absolutely wrecking my head so it is!


  • Closed Accounts Posts: 19 itsmol


    Whats peoples plan for company??
    Incorporation
    Corporate personality
    Ultra Vires
    Directors Duties
    Article 80
    Restriction & Disqualification
    Fraudulent and Reckless Trading
    Share Transfer
    Shareholder Protections & REmedies
    Capital Maintenence
    Corporate Borrowings
    Examinership
    Receivership.

    Is it really bad to leave out winding up and corporate contracts & authority & disposition of companies assets? basically im doign everything that didnt come up last year tbh inc the ones which always come up.
    Kind of panicking that i havent done enough but at this stage i dont know if I can take any more!:confused:


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  • Closed Accounts Posts: 96 ✭✭skeenan89


    donovanu wrote: »
    Hi everyone, if anyone could help me out on this I would much appreciate it -

    can anyone explain to me the difference between part performance (In the remedy of Specific Performance) and the doctrine of proprietary estoppel? To me they seem to be pretty much the same thing under different guises.

    Any comments or suggestions appreciated!

    specific performance and part perfomance relates to a contractual right....part performance is performance of a contractual obligation.

    proprietary estoppel - refers to a PROMISE of legal right to an interest in property, it is not a contractual promise - it is a mere legal right!!

    hope this helps!!:)


This discussion has been closed.
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