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SQE1 > FLK2 > Flashcards

FLK2 Flashcards

1
Q

do you need leave to appeal against conviction in magistrates’

A

no:
it will be a full; rehearing, no permission is needed to adduce new evidence

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2
Q

when must police hold an ID procedure

A

when ID is in dispute

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3
Q

if D pleads guilty can they rely on a defence

A

no, this would be an equivocal plea

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4
Q

would a D on supported income be entitled to legal aid

A

only if they passed the merits test:
run the real risk of: a custodial sentence; of losing your livelihood, or a serious loss of reputation

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5
Q

what happens where D alleges evidence was gathered through incorrect conduct?

A

court must exclude it unless prosecution can provebeyond reasonable doubt that it was not obtained in circumstances rendering it unreliable

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6
Q

what is the threshold for oppression in obtaining confession

A

threats, physical and mental intimidation

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7
Q

what does unfairness vs unreliability of evidence mean

A

unfairness = discretion to exclude
unreliable = must exclude

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8
Q

what is a PYO

A

a youth who has been sentenced on 3 separate occasions

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9
Q

what is the single transaction principle

A

where the act that causes death is the same sequence of events as the intiial act. time lapsed does not matter

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10
Q

what is the continuing act principle

A

where actus reus can be satisfied by a continuing act, D is said to have had the sufficient mens rea at some point during the act

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11
Q

can an inference prove guilt on its own

A

no

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12
Q

what is the max annual exemption

A

£6,000 where last year’s is brought forwards

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13
Q

who must survive 28 days to inherit on instestacy

A

spouse and children only

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14
Q

when does implied substitution apply

A

only to gifts to the testator’s issue

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15
Q

when is a trustee personally liable to a trust

A

when the breach their duty and cause a loss

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16
Q

where does business property relief apply

A

to shares that are:
- unquoted
- in a trading co
- owned for 2 years

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17
Q

what is closely inherited

A

when property passes to:
- lineal descendent
- spouse/CP of lineal descendent

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18
Q

when is a home right created

A

when parties are legally married/CP and the home is, has been, or is intended to be the matrimonial home

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19
Q

can you repossess premises by force

A

no, this is a criminal offence

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20
Q

what are the essential characteristics of a lease

A
  • certain duration
  • exclusive possession
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21
Q

when does an equitable lease arise

A

when it is incorrectly executed but does consist a valid contract

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22
Q

what happens to purchase balance on completion

A

it is released from an account in the name of the buyer’s solicitor

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23
Q

what does Wheeldon v Burrows say

A

an easement arises where there is a quasi-easement necessary for reasonable enjoyment of the land

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24
Q

what is a prescriptive easement

A
  • continuously used for 20+ years without secrecy, force or permission
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25
Q

what is required for actual bodily harm?

A

caused hurt or injury calculated to interfere with the health and comfort of the victim

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26
Q

what is required for GBH

A

causing really serious harm where the risk would have been obvious to the reasonable person

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27
Q

where are interests which burden a registered title found?

A

in the charges register

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28
Q

how is trustee liability apportioned?

A

jointly and severally

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29
Q

what is required for attempted murder?

A

actus reus - an act beyond mere preparation
mens rea - intention to kill

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30
Q

what is required for burglary with intent? what about normal burglary?

A

with intent: entering as a trespasser with the intent to steal
without intent: entry as a trespasser and committing a theft

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31
Q

what is required for aggravated burglary?

A

having a weapon of offence at the time of committing a burglary

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32
Q

what is an accomplice?

A

someone who aids, abets, counsels or procures the commission of an offence

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33
Q

what is required for the defence of lawful excuse to criminal damage?

A

an honest belief that that the property was in immediate danger and the damage was reasonable in the circumstances

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34
Q

when may diminished responsibility be raised as a defence

A

on a charge of murder only

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35
Q

what can the seller do if the buyer fails to complete on completion date

A

serve a notice to complete

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36
Q

what is the parol lease exception

A

where leases of 3 years or less do not require a deed and can be created informally

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37
Q

what is the rule of inalienability

A

the principle which states that trusts cannot be of perpetual duration. they have a maximum of 21 years beyond the life of the beneficiaries

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38
Q

can one make a defence of self defence when intoxicated

A

not if the belief was mistaken and it was only made due to intoxication

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39
Q

when can indirect intention for murder exist

A

when the consequence of death was virtually certain

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40
Q

how do you create a valid trust over land

A
  • declare trust in writing
  • create transfer deed and pass it to trustee
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41
Q

what is limited title guarantee?

A

there is an implied covenant that the seller has not incumbered the title and is not aware that anyone else has done so since the last disposition for value

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42
Q

what is full title guarantee?

A

there is an implied covenant that the property is disposed free from incumbrances other than those the seller does not know about and could not reasonably know about

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43
Q

when a disursement for a client is invoiced to the firm, which account must it be paid out of?

A

business account as it is addressed to the firm

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44
Q

what makes a valid charitable purpose trust?

A
  • for a charitable purpose
  • exclusively charitable
  • for the public benefit
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45
Q

when is capacity presumed

A

when the testator showed no sign of mental confusion at the making of the will

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46
Q

does the forfeiture rule apply to jointly owned property?

A

yes

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47
Q

what is a discretionary trust?

A

a trust which gives the trustees discretion as to the amount of trust property any object might receive

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48
Q

how does power of sale work

A
  • implied into every mortgage
  • arises when date of legal redemption has passed
  • becomes exercisable with a term or statutory circumstance
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49
Q

when does power of sale become statutorily exercisable

A
  • notice has been served and defaulted after 3 months
  • interest is unpaid for 2 months
  • breach of provision of mortgage
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50
Q

when trustees disagree on what to do with trust property, what may be done?

A

any trustee or someone with an interest may make and application to the court and they may make such order as it thinks fit.

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51
Q

is intoxication a defence?

A

yes, to offences with specific intent

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52
Q

what are the s30 grounds for termination?

A

(a) Tenant’s failure to repair
(b) Tenant’s persistent delay in paying rent
(c) Tenant’s substantial breach of other obligations
(d) Landlord has offered alternative accommodation (which must be suitable to the tenant’s needs and on reasonable terms)
(e) Tenancy is an underletting of part (rarely used)
(f) Landlord intends to demolish or reconstruct and could not reasonably do so without obtaining possession
(g) Landlord intends to occupy the holding for its own business or as a residence

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53
Q

what is required to disclaim/vary a will?

A
  1. made in writing
  2. within 2 years of death
  3. contain election to be read back
  4. not for consideration in money or money’s worth
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54
Q

what column does an entry does cash going OUT go

A

CR column

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55
Q

when must stamp duty be paid?

A

within 14 days of completion

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56
Q

what is excluded from ‘development’ under planning law?

A
  • interior development
  • changes of use within the same class
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57
Q

which uses count as sui generis?

A
  • pubs & drinking establishments
  • theatres. concert halls, cinemas etc
  • takeaways
  • taxiranks
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58
Q

when does planning permission have to be implemented?

A

3 years (5 in wales)

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59
Q

enforcement notice

A
  • sent to any person with interest in land when there has been planning infringement
  • takes effect 28 days after service
  • can be appealed
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60
Q

stop notice

A
  • served after enforcement notice
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61
Q

when can an LPA serve an injunction on planning

A
  • when there has been or will be an actual breach
  • must be expedient, necessary and appropriate
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62
Q

when must LPA take enforcement action in relation to planning breach?

A
  • 10 years from date of breach apart from:
  • 4 years for operational development
  • 4 years for change of use to dwelling house
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63
Q

when must building regulation control proceedings be brought?

A
  • within 2 years of breach
  • may issue enforcement notice within 1 year of work requiring alteration/removal
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64
Q

deduction of title

A

where seller supplies buyer with office copies less than 6 months old to prove title

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65
Q

SIM

A

index map search - is property registered

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66
Q

LLC1

A

local land charges search - details of statutory financial charges or restrictions

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67
Q

CON29

A

standard enquiries of local authority - planning permission, restricted development, road repair

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68
Q

CON29O

A

optional la enquiries - enviro and pollution notices, commons search

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69
Q

CON29DW / CommercialDW

A

water & drainage

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70
Q

desktop search

A

for contaminated land

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71
Q

when does a chancel repair bind a buyer

A

when last transfer was pre-october 2013

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72
Q

CON29M

A

mining search

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73
Q

how does SCPC apply?

A

part 1 applies unless excluded, part 2 only applies if included

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74
Q

what happens to deposit where buyer fails to complete?

A

seller keeps it

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75
Q

stakeholder deposit

A

held by sellers solicitor. may be used on a related purchase.

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76
Q

payment methods allowed?

A

SC - cheque or electronic
SCPC - electronic only

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77
Q

special condition 3

A

inclusion / exclusion of fixtures

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78
Q

special condition 4

A

vacant possession or leases/tenancies

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79
Q

special condition 5

A

variation of completion time

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80
Q

special condition 7

A

where non-owning adult occupier agrees to sale

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81
Q

who is responsible for insurance after exchange of contracts?

A

buyer

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82
Q

when may solicitor sign contract for exchange on behalf of client

A

when given express authority

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83
Q

requirements for binding contract of sale

A
  • in writing
  • incorporate all agreed terms
  • one document
  • signed by parties
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84
Q

formulae for telephone exchange

A
  • A: one solicitor has both, undertakes to post immediately that day
  • B: each solicitor has theirs, both undertake to post that day
  • C: where chain transactions
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85
Q

when must the telephone formulae be varied by agreement?

A

when deposit is transferred electronically

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86
Q

requirement for transfer deed

A
  • clearly be a deed
  • signed by parties
  • be delivered
  • witnesses by independent witnesses
  • presumed delivered by execution, rebutted by contrary intention
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87
Q

post-contract searches

A
  • OS1 on registered land. priority of 30 working days
  • K15 on unregistered. priority of 15 working days
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88
Q

formalities of deed executed by a company

A
  • company seal OR
  • 1 director and secretary
  • 2 directors
  • single director in presence of attesting witness
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89
Q

how to agree completion practicalities?

A
  • completion information form
  • TA13 for residential
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90
Q

law soc code for completion by post

A
  • Seller’s solicitor acts for buyer’s as agent
  • buyer’s sets out instructions in writing
  • solicitor carries out instructions, completes transaction
  • relevant docs sent by post/dx
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91
Q

how to discharge mortgage

A

DS1 / online form / electronic discharge system

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92
Q

how to register lender as charge holder

A

AP1

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93
Q

when must application for first registration be made

A

within 2 months of relevant transfer - FR1

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94
Q

notice to complete

A

may only be served after completion date. makes time of the essence and gives party 10 working days

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95
Q

when is rescission allowed in property transfers

A

when seller’s error or omission results from fraud or recklessness, or buyer would be accepting substantially different property

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96
Q

notice in a periodic tenancy

A

one period of tenancy - a yearly one may be terminated at 6 months notice

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97
Q

how should leasehold property be insured

A

to full reinstatement value

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98
Q

what happens when leasehold property rendered unusuable?

A

rent remains payable unless express provision states otherwise

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99
Q

when can a tenant make alterations under absolute covenant against them

A
  • serve 3 month notice of proposals
  • landlord may object
  • if objection, apply to court
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100
Q

when will a court approve alterations under an absolute prohibitory covenant

A

when they add to letting value, are reasonable and suitable to character of property and don’t diminish value of landlord’s other property

101
Q

is alteration qualified covenant full qualified?

A

yes

102
Q

how is rent paid

A

if lease silent, paid in arrears

103
Q

commercial lease VAT status

A

exempt but subject to option to tax

104
Q

when is tenant entitled to demand deduction of freehold title

A

when leases is 7 years or more

105
Q

when will landlord sign and return lease

A

5 working days before completion

106
Q

how does lease less than 7 years take effect

A

as overriding interest on registered land
binding on all subsequent owners on unregistered

107
Q

when should assignee investigate title

A

when land unregistered entitled to demand last 15 years of leases & assignments

108
Q

liability under assignment

A
  • old leases: original tenant remains liable
  • new leases: original tenant released from liability unless relevant AGA
109
Q

action in debt for rent arrears

A

limitation period of 6 years

110
Q

CRAR

A
  • landlord enters and seizes goods
  • 7 days notice
  • use enforcement agency
  • must leave items up to value of £1350 which are necessary for business
  • give 7 clear days notice before selling at auction
  • at least 7 days rent must be outstanding
111
Q

pursuing former tenant / guarantor for rent default

A

must serve default notice on them within 6 months of the breach

112
Q

suing for damages for breach of repair on 7/3 lease

A

must serve notice of intent to sue - tenant may serve counter within 28 days meaning landlord needs leave of court

113
Q

forfeiture procedure

A

-s146 notice to specify breach, require remedy and compensation
- if 7/3 lease, tenant can serve counter notice in 28 days and landlord needs leave of court

114
Q

effluxion of time

A

when fixed term lease reaches contractual end

115
Q

application of the 1954 act

A

s23 - applies to any lease where property occupied for purpose of carrying on a business

116
Q

leases not subject to security of tenure

A
  • tenancy at will
  • fixed term tenancy <6 months
  • contracted out lease
117
Q

contracting out

A
  • landlord must give notice
  • tenant must make declaration
  • if notice less than 14 days before grant, must make statutory declaration
118
Q

how can a tenant end a lease post expiry date

A

s27 notice with 3 months notice

119
Q

terms of new lease under s26

A
  • not more than 15 years
  • commences 3 months after end of proceedings
  • open market rent
  • court may insert rent review clause
120
Q

when does compensation for end of lease apply

A
  • when landlord relies on no fault grounds
  • rateable value of holding (double if occupation over 14 years)
  • cannot exclude for occupation over 5 years
121
Q

what must testator understand to have capacity

A
  • nature and effects of making a will
  • extent of their property
  • moral claims to consider
122
Q

when is capacity required

A

at execution bar where T instructs solicitor and understands they are signing a will of their instruction

123
Q

what to do when capacity of T is in doubt

A

ask medical practitioner to provide written report affirming it and witness the will

124
Q

who has burden of proving capacity to make will

A

propounder

125
Q

where does presumption of capacity arise

A
  • rational on its face
  • no evidence of mental confusion
126
Q

where does presumption of knowledge and approval arise

A

where T has capacity and has executed validly

127
Q

formalities for will

A
  • signed by T or in their presence
  • signature made by T in presence of 2 witnesses
  • witnesses attests and signs in presence of T
128
Q

where does presumption of due execution arise

A

where there is an attestation clause

129
Q

when may a court rectify a will

A

where it fails to carry out T wishes because of
- clerical error
- failure to understand instructions

130
Q

when may the court modify the inheritance forfeiture rule

A

if the applicant applies within 3 months and did not commit murder

131
Q

what happens in case of mutual wills where survivor revokes

A

constructive trust is imposed in favour of beneficiary

132
Q

presumption with regards to alterations of will

A

that they were made after execution

133
Q

what does a spouse receive on intestacy

A
  • £270,000
  • personal chattels
  • half of residue (if issue)
134
Q

passing on intestacy where no spouse or issue?

A
  • parents
  • whole siblings
  • half siblings
  • grandparents
  • whole aunts/uncles
  • half aunts/uncles
  • crown
135
Q

when may professional trustees be remunerated

A

if they are a trust corp or acting in a professional capacity

136
Q

general statutory powers of trustees

A
  • power to invest (may delegate in writing)
  • power to purchase land
  • power to use income for minor beneficiaries
  • power of advancement
137
Q

how to find value transferred on land at death

A

when jointly owned, 10% discount for commercial and 15% for residential

138
Q

when does business property relief occur

A

when owned for at least 2 years
100% reduction:
- business or interest in a business
- unquoted shares
50% reduction:
- quoted shares where T had control
- business assets owned by T but used by partnership in which T is member or company of which T has control

139
Q

when does agricultural property relief apply

A

when occupied for 2 years or owned for 7 years
100% reduction:
- where T had right to vacant possession or was subject to a new lease
50% reduction
- all other cases

140
Q

RNRB in estates over £2 mil

A

reduced by £1 for every £2 over

141
Q

charitable rate of IHT

A

36% where over 10% of estate goes to charity

142
Q

when is IHT due

A

6 months after the end of the month of death

143
Q

installment option property

A
  • land
  • business / interest in business
  • shares which give control
144
Q

time limit for applications under inheritance act 1975

A

6 months from grant of probate. court may extend if good reason for delay

145
Q

ground for claims under inheritance act 1975

A

disposition of estate is not such as to make reasonable financial provision

146
Q

standards for reasonable financial provision

A

spouse standard: such provision as is reasonable in all circumstances
ordinary standard: such provision as is reasonable in all circumstances to receive for maintenance

147
Q

when can the court avoid a gift made in a will

A

if made with the intention of avoiding 1975 act provisions within 6 year of death

148
Q

form for valid executor

A

PA1P, grant of probate

149
Q

form for valid will, no executor

A

PA1P, letters of admin with will annexed

150
Q

form for no will

A

PA1A, simple letters of admin

151
Q

assets realised without a grant

A
  • chattels
  • cash
    under £5,000:
  • national savings bank
  • savings certificates and premium bonds
  • money in building societies
152
Q

fee for application of grant

A

£273

153
Q

when should IHT400 be delivered

A

within 12 months of end of month of death

154
Q

how to protect against unknown creditors/beneficiaries

A
  • advertising for claimants and waiting 2 months in london gazette and local newspaper
155
Q

how to protect against missing creditors/beneficiaries

A

any of:
- keep back assets in case they apear
- taking an indemnity from other beneficiaries
- insurance
- applying for Benjamin order after fullest possible enquiries have been made

156
Q

paying debts of unsecured creditors from solvent estates

A
  • property undisposed of
  • residuary property
  • property given for payment of debts
  • charged property
  • pecuniary fund
  • devised property
  • appointed property
157
Q

when assets are sold for less than probate value

A

if within 12 months of death, can adjust IHT

158
Q

how do beneficiaries prevent issue of a grant

A

lodge caveat at HMCTS which lasts for 6 months
- may need to appear in 14 days to represent objection

159
Q

how do beneficiaries compel issue of a grant

A

lodge a citation. if person with the right of grant doesn’t then apply, beneficiaries may apply for passing over

160
Q

what happens where PR self-deals from estate?

A

transaction is voidable by beneficiaries

161
Q

when can beneficiaries not sue for devastavit

A

when an adult beneficiary acquiesced to the breach

162
Q

what happens where PR pays out to someone not entitles

A
  • bring proprietary claim over assets or traceable proceeds (unless bona fie purchaser for value without notice)
  • personal action against recipient if exhausted all remedies against PR
    both limited to 12 years
163
Q

conditions of detention of a suspect (6)

A

(1) cill lit, heated, cleaned and ventilated
(2) bedding of reasonable standard
(3) access to toilet and washing
(4) 2 light meals and 1 main meal in 24h
(5) daily exercise
(6) visited every hour

164
Q

rights of detained suspect for questioning

A
  • to have someone informed
  • consult privately with solicitor
  • consult codes of practice
165
Q

when can legal advice be delayed

A

for 36 hours max by superintendent or above if held on indictable offence and it will:
- lead to interference / harm to evidence or people
- alert suspects
- hinder recovery of property

166
Q

when can right to have someone informed be delayed

A

by inspector or above, max 36 hours

167
Q

detention clock

A

24 hours from arrival at station or time of arrest, whichever later

168
Q

extension of detention clock

A

up to 36 hours by superintendent if:
- securing / preserving evidence
- offence is indictable
- investigation diligent and expeditious
mags may extend by further 36 hours

169
Q

review clock

A
  • if not done, detention amounts to false imprisonment
  • carried out by inspector
  • first review no later than 6 hours after detention, then 9 hours
170
Q

Video ID procedure

A
  • shown with at least 8 other people
  • if 2 roughly similar in appearance, shown with 12 other
  • solicitor sees first
171
Q

ID parade

A
  • 8 other people
  • may conceal unusual features
  • suspect may choose own position in line
  • colour photo or recording should be made of parade
172
Q

who runs ID procedures

A

inspector not connected with investigation

173
Q

when is suspect released under investigation

A

when insufficient evidence to charge and further investigation is likely to take over 28 days

174
Q

when can pre-charge bail be enforced

A

if necessary and proportionate, max of 3 months

175
Q

CPS test for charge

A
  • sufficient evidence for realistic prospect of conviction
  • in public interest
176
Q

when can a charged suspect be interviewed further?

A
  • to prevent or minimise harm/loss to person or public
  • to clear up ambiguity in statement
  • in interests of justice to put to him further info
177
Q

when may a simple caution be given

A
  • sufficient evidence for prosecution
  • reliable voluntary admission
  • offender agrees having been told it may be raised in court later
  • not for indictable offence unless superintendent and CPS agree
  • not given if 2 years prior have same offence
178
Q

detention of a juvenile

A

must inform person responsible for their welfare why they have been arrested, where they are
- cannot be delayed

179
Q

appropriate adult hierachy

A
  • parent/guardian/rep from LA if in care
  • social worker
  • responsible adult not connected to police
180
Q

when must conditions on YCC be capable of completion

A

summary only - 16 weeks of offence
either-way/indictable only - 16-20 weeks from date of caution

181
Q

what happens if plead guilty to either-way

A

treated as if tried summarily then convicted. magistrates decide if they can sentence.

182
Q

limit on remand in custody

A

8 clear days at a time. must be brought before court for every remand.
max period = either-way: 70 days, summary: 56 days

183
Q

how may prosecution extend custody limits

A

show on balance of probabilities that there is good and sufficient cause to do this - D has right to appeal

184
Q

when may bail be denied

A

if there are substantial grounds to believe D would:
- fail to surrender
- commit an offence
- interfere with witnesses / obstruct course of justice

185
Q

how to appeal denial of bail (D)

A

complete notice as soon as is practicable
appeal heard no later than a business day after served

186
Q

how to appeal grant of bail (prosecution)

A

give oral notice at hearing where granted
serve written notice within 2 hours
appeal heard no later than 2 business days later

187
Q

how long do parties have to prepare for trial

A

8 weeks, 14 where expert evidence is required

188
Q

when must D disclose witnesses to CPS

A

within 28 days of prosecution disclosure

189
Q

when is a written witness statement admissible

A

-signed
-dated
- declaration of truth
- served on other parties
- no objections in 7 days
- only for evidence not in dispute

190
Q

when will a crown court preliminary hearing take place

A

within 10 days of mags sending case if:
-CM issues need resolving
- trial over 4 weeks
- early trial is desirable
- D under 18
- likely to be guilty plea

191
Q

when does PTPH take place

A

within 20 days of mags sending case, if no prelim hearing required

192
Q

newton hearing

A

determines factual basis of sentencing

193
Q

prosecution duty to disclose

A
  • must serve all evidence on which it wishes to rely
  • also, any unused material which might undermine P case or support D case
  • ongoing duty
194
Q

when may CPS withhold disclosure

A

if protected by public immunity interest
- made on application without notice

195
Q

defence disclosure requirements

A

within 10 days, make defence statement (20 in crown court)
- mandatory to serve in crown court trial

196
Q

when will a youth be sent to adult court

A

(1) homicide offences (crown court)
(2) firearms offences (over 16 = crown court)
(3) grave crimes (optional)
(4) violence or sexual offence and dangerous offender
(5)jointly charged with adult

197
Q

what constitutes a grave crime

A

one for which an offender over 21 would receive over 14 years, and any sexual offence

198
Q

when may a juvenile be remanded to youth detention accommodation

A
  • between 12-17
  • has legal rep
  • offence is violent or sexual offence, for which an adult could be given 14 years plus, AND child likely to receive custodial sentence OR recent, significant history of abscontion OR history or committing imprisonable offences on bail
  • necessary to protect public and risk cannot be managed
199
Q

what is a referral order

A

where a first-time juvenile offender is referred to youth offender panel

200
Q

youth rehabilitation order

A

equivalent of generic community order

201
Q

Detention and training order

A
  • only given to juvenile between 12-14 if PYO. no restrictions above this.
  • between 4-24 months
202
Q

when will pre-sentence report before plea be requested

A

if sentence serious enough for community order or above

203
Q

what is the custody threshold

A

where offence/ combo of offence is so serious that neither a fine nor a community sentence can be justified

204
Q

where does offender between 19-21 serve custodial sentence

A

in young offender institution

205
Q

what must be imposed on dangerous offenders

A
  • automatic life imprisonment
  • discretionary life imprisonment
    OR
  • extended sentence of imprisonment
206
Q

how do offenders of particular concern get released

A

must apply for parole after serving half of sentence

207
Q

max suspended sentence

A

on sentence of more than 14 days, no longer than 2 years
suspension no longer than 2 years

208
Q

what may be ordered under a community order

A
  • unpaid work within 12 months between 40-300 hours
  • activity/programme requirement
  • prohibited activity
  • curfew
  • exclusion
  • residence
  • treatment
  • supervision
  • attendance centre (if below 25)
209
Q

how is jury verdict decided

A

must be unanimous but, if after 2hr 10mins this is not possible, 11:1 or 10:2 will be accepted

210
Q

when is a witness not competent

A
  • can’t understand questions put to them
  • can’t give understandable answers
211
Q

when can a co-accused me compelled

A
  • nolle prosequi
  • order for separate trials
  • formally acquitted
  • plead guilty and give evidence
212
Q

where is spouse compellable

A
  • offence involves assault or injury to spouse or person under 16
  • sexual offence or attempt against person under 16
213
Q

burden of proof for insanity or duress

A

balance of probabilities on D

214
Q

when do turnbull guidelines apply

A

where witness has identified and recognised D but D disputes this
- if judge holds to be good evidence, will give turnbull warning
- if unsupported, judge will direct jury to acquit

215
Q

inferences under s34

A

when D fails to mention facts later raised as a defence

216
Q

inferences under s36

A

where D fails to account for object, substance or mark found on his presence that officer has told they believe is connected
- officer must have explained court may draw inference

217
Q

inference under s37

A

where D fails to account for presence at place of offence when arrested immediately at scene
- special caution must be given

218
Q

inference under s35

A

when D remains silent at trial when prosecution raised evidence which requires explanation

219
Q

what is hearsay evidence

A

a statement relied on as evidence of a matter in it

220
Q

statutory provisions for allowing hearsay

A
  • witness unavailable
  • business and other docs
  • inconsistent statements of witness
  • consistent statement by witness
  • statements not in dispute
  • formal admission
221
Q

res gestae exception

A

where hearsay is admissible because it was made contemporaneously with event and could not have been concocted

222
Q

when must notice be given for adducing hearsay

A
  • when witness unavailable
  • when in interests of justice to admit
  • multiple hearsay
  • s117 (business docs)
223
Q

can GBH include psychiatric injury

A

yes, if serious enough

224
Q

requirement for loss of control defence

A
  • lost control because of a fear of violence
  • person of normal tolerance and self-restraint might have acted in the same way
225
Q

when may a legal lease be created without a deed

A
  • for 3 years or less
  • immediate right to possess
  • best rent reasonably obtainable
226
Q

requirement for robbery

A

theft with use of force

227
Q

when is power of sale exercisable under statute

A
  • lender has given notice to pay and borrower has defaulted for 3 months
  • interest is in arrears for 2 months
  • borrower has breached a term of mortgage
228
Q

what is the effect of adding substitute wording when original wording has been revoked by destruction?

A

the court will apply the doctrine of conditional revocation and use extrinsic evidence to apply the original wording if the new wording is not validly executed

229
Q

when does burden of covenant pass in new lease

A

when it is not expressed to be personal

230
Q

presumption of advancement

A

a man who transfers property to his wife, child or fiancée is making the recipient a gift of that property, unless there was evidence to the contrary.

231
Q

when is a resulting trust presumed

A

unless there is evidence of intention by Y to make a gift or loan to X.

232
Q

how old must root of title be

A

at least 15 years

233
Q

what rebuts the presumption of advancement

A

evidence that the man has retained a beneficial interest

234
Q

does a resulting trust arise with a voluntary transfer of land?

A

no

235
Q

how are trustees liable for breach?

A

jointly and severally, but if one is sued they may be entitled to a contribution from the other/s

236
Q

how should i direct covenant on assignment be limited?

A

to the extent to which that party is assignee.

237
Q

in a new lease, do assignors keep liability?

A

no, unless they provide an AGA. AGA ceases to have an effect when a new assignment is granted.

238
Q

do legal leases less than 7 years need to be registered?

A

no, they are binding on buyers as an overriding interest

239
Q

SC - what happens where landlord’s consent has not been given 3 working days before completion date of an assignment?

A

the parties may choose to rescind or defer completion

240
Q

what does accessory liability entitle the claimant to?

A

to obtain the entirety of the trusts loss from the defendant

241
Q

what is required for recklessness

A
  • risk is unjustifiable
  • D must be aware of the risk and takes it anyway
242
Q

when does involuntary intoxication provide a defence?

A
  • to crimes of specific or basic intent
  • D must lack mens rea
243
Q

what happens where a D makes no plea

A

it is treated as though they have made a not guilty plea

244
Q

can a trustee delegate their functions?

A

yes, if the delegation is for less than 12 months. they will remain vicariously liable for any acts or defaults

245
Q

when does a home right bind a buyer

A

when registered in the charges register

246
Q

can trustees sell trust property?

A

yes, if they obtain consent from all beneficiaries off full age who have an interest in possession

247
Q

can trustees purchase land with trust money

A

yes, if it is in the UK

248
Q

is a goodyear indication of plea binding?

A

yes, must be before entering plea

249
Q

what is the remedy for breach of a non-rent covenant on an old lease?

A

damages

SQE1 (2 decks)

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