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SQE2 Skills > Legal Drafting > Flashcards

Legal Drafting Flashcards

1
Q

What is the total assessment time for Legal Drafting?

A

45 minutes

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2
Q

In what 3 ways can drafting be assessed?

A
  1. Drafting from a precedent
  2. Amending a document already drafted
  3. Drafting without a precedent
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3
Q

In what 3 subjects can drafting be assessed?

A
  1. Business
  2. Property or Probate
  3. Dispute Resolution or Criminal Litigation
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4
Q

What 2 skills are graded in drafting?

A
  1. Clear, precise, concise, and acceptable language
  2. Structuring the document appropriately and logically
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5
Q

“Shall” and “must” convey what type of actions?

A

obligations

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6
Q

What is the first thing you should do before using a precedent?

A

Read the instructions and make own list of matters to be dealt with

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7
Q

What are the 9 key bullet point structures of a standard will?

A
  1. Opening words + details of Testator
  2. Revocation clause
  3. Appointment of executors and trustees
  4. Appointment of guardians for minor children
  5. Non-residuary legacies (e.g. specific gifts, pecuniary legacies)
  6. Gifts of residue (on trust if necessary)
  7. Administrative clauses giving the PRs and trustees powers
  8. Attestation clause
  9. Signature of testator and witnesses

** note not all of these will be included in a will

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8
Q

What is standard revocation clause wording?

A

“I revoke all former wills and testamentary dispositions made by me.”

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9
Q

What 5 things do you need to consider when drafting board minutes?

A
  1. Notice
  2. Quorum
  3. Interests
  4. Resolutions
  5. Filing

NQIRF

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10
Q

In board minutes, how are people who can take part in a meeting described vs. anyone at the meeting but not taking part?

A

“Present” vs. “In attendance”

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11
Q

Give an example of proposed transaction wording

A

“The directors, having regard to their statutory and other duties, came to the conclusion that [proposed transaction details, e.g. appointing DD as a director] would promote the success of the Company for the benefit of the members.”

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12
Q

Give 3 examples of administrative matters that may need to be carried out after a meeting

A
  1. Filing specific forms e.g. notice of appointing a director (AP01)
  2. Filing a copy of documents (e.g. minutes, service contract)
  3. Updating registers
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13
Q

What 9 things should you include in a Particulars of Claim in a breach of contract case?

A
  1. Parties
  2. Contract - date, method, subject matter
  3. Relevant terms (express then implied)
  4. “Particulars of breach”
  5. Consequences of breach
  6. “Particulars of loss/damage”
  7. Interest
  8. Remedy - “And the Claimant claims”
  9. Statement of truth
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14
Q

What 8 things should you include in a Particulars of claim in a claim in neglience?

A
  1. Parties
  2. Facts establishing a duty of care
  3. “Particulars of breach”
  4. Consequences of breach
  5. “Particulars of injury”
  6. Interest
  7. Remedy - “And the Claimant claims”
  8. Statement of truth
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15
Q

What should be weaved into all Particulars of claim?

A

Relevant facts in a neutral tone

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16
Q

Besides a breach of contract, what other claim may be put forward that you’d need to include in a PoC?

A

Negligence

17
Q

What are the two acts in which interest can be claimed under the County Court and High Court for a PoC?

A
  1. s69 County Courts Act 1984 (County Court)
  2. s35A Senior Courts Act 1981 (High Court)
18
Q

Give example wording of the Interest paragraph of a POC

A

In respect of damages awarded the Claimant claims interest under [relevant act] at such rate and for such period as the Court thinks fit.

19
Q

What 5 things minimum should a letter of claim include?

A
  1. Basis on which claim is made
  2. Summary of the facts
  3. What C wants from D
  4. How the amount of money is calculated
  5. Next steps (i.e. please acknowledge receipt and respond within 14 days).
20
Q

What should ideally also be included in a letter of claim, to adhere to the overriding objective?

A

Settlement proposals (should be without prejudice)

21
Q

In a defence, what must D state? (3 options)

A
  1. Which allegations he denies
  2. Which allegations he is unable to admit or deny, which which he requires C to prove
  3. Which allegations he admits
22
Q

What must D do if they deny an allegation? (2 requirements)

A
  1. State the reasons for doing so; and
  2. State their own version of events

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