FLK2 Mock Points to Note Flashcards
Criminal Law
Whilst available for murder, what offence is loss of control and diminished responsibility not available for?
Attempted murder
Criminal Law
Where there is a death caused in the facts, what offence should you not forget to consider?
Unlawful act manslaughter
Criminal Law
When is a conspiracy is not possible, and how should we look out for this to be tested?
A conspiracy with a victim is not possible. Watch out for a defendant agreeing to breach a statute with the person the statute intended to protect.
Criminal Practice
On appeal from the Magistrates to Crown Court, can the appellate court increase the sentence?
Yes, but it is limited to the Magistrates’ sentencing powers
Criminal Practice
On appeal from Crown Court to Court of Appeal, can the appellate court increase the sentence?
No, CoA cannot exceed the Crown Court’s sentence
Although it has the power to impose any other penalty
Criminal Practice
Is an identification procedure still required if the witness goes back to the scene and identifies or purports to identify the suspect?
Yes
Land
When dealing with a land (or property practice) question, what should we immediately note down on the whiteboard?
Whether title is registered or unregistered as the answer will turn on this
Land
What should we remember about a legal interest in the unregistered system?
It is binding on the world by its very existence
Land
In what situation can overreaching by two trustees happen automatically?
If one of three tenants in common dies, leaving two remaining
Property Practice
When a Form A restriction on the proprietorship register is mentioned in the facts, what is this implying?
That the beneficial interest is held as tenants in common. This will therefore need a second trustee to overreach if a surviving tenant wishes to sell the property.
Property Practice
What title guarantee is an owner living in the property for many years able to give?
Full title guarantee.
Don’t get distracted by lack of other facts suggesting they are able to give this strong of a guarantee.
Property Practice
What type of planning act is converting a single dwelling into two or more separate dwellings?
A material change of use for which planning permission is required
Property Practice
Can multiple planning violations occur at the same time, and what is the effect of this?
Yes, so check for all before committing to an enforcement period
Property Practice
In the unregistered system, what search will highlight public rights of way?
The local search.
Don’t confuse the facts and pick the commons registration which is performed when the property appears to abut common land or a town or village green to determine whether use of the property is restricted or burdened by its proximity to public land.
Property Practice
How is a buyer protected when there is a non-owning occupier?
The Special Conditions will require the non-owning occupier to sign the contract of sale as evidence that they will move out of the property on completion
Property Practice
In the registered system, how is a non-owning spouse or civil partner’s interest protected?
Protected by registration as a notice on the register of title
Tax
When dealing with an tax question, what should we immediately note down on the whiteboard?
The fact there could be a taper
Tax
Are shares in an ISA included in an estate’s value for inheritance tax purposes?
Yes
Tax
An estate can be excepted only if no more than how much of the deceased’s property is situated outside the UK?
£100k
Trusts
What two things must a trustee do to retire without replacement?
The retiring trustee must:
- Obtain consent of all his co-trustees (anyone given power to appoint new trustees by the trust instrument) by deed, and
- Leave at least two trustees or a trus corporation in office
Trusts
Only whom can sign a trust, and who cannot?
The settlor only. An agent cannot on their behalf.
Trusts
When a contingent interest holder who is being maintained turns 18, what are they entitled to and what does this not depend on?
They are entitled to income from then on as of right, irrespective of the fact their interest isn’t vested
Trusts
What is the effect of a gift of property free of mortgage, and what is this an exception to?
A house is gifted “free from mortgage” is an exception to the general rule that a debt secured for a fixed charge should be discharged from the proceeds of property.
The logic is here is the beneficiary is to receive the actual house free of mortgage so the mortgage is paid from the residue, whereas when a debt is discharged from the proceeds of the asset, it would naturally require the house to be sold.
