Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

SQE1 - Trick Questions > Mixed Set 4 [FLK2] > Flashcards

Mixed Set 4 [FLK2] Flashcards

1
Q
  1. Limitation period to sue for breach of trust
  2. Exception
A
  1. 6 years from the date of action (or once B’s interest vests/ certain action) if non-fraudulent
  2. No limitation period if fraudulent or if T takes prop for himself, subject to the dr of latches
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Implied easement (eg R to light) under the Prescription Act
1. How long should it be uninterrupted?
2. Exception
3. What effect does consent/ agreement with the servient owner have?

A
  1. 20 years
  2. If there is an interruption it is ok, as long as it is under 1 year
  3. Nullifies the claim as to claim prescription under the act, the easement should be without force, without secrecy and without permission
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Under intestacy rules, if there is no spouse, but remaining children and grandchildren, how do the grandchildren inherit?

A

Per stripes basis, not per capita
Eg: T has 3 children and 1 of the children has 2 kids.
When T dies, the children will get 1/3 share each.
If the child with 2 kids dies, then each grandkid will get half of the dead child’s 1/3 share (ie 1/6 share for each grandchild)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is an appurtenant easement? What are the requirements for it to take effect?

A

implied easement by S 62
An example - to continue using the gas pipe installed in the walls of the flat after the renewal of the lease, even though it is not mentioned on the lease

S 62 (legal provisions) allows the automatic conveyance of all rights and advantages enjoyed with the land at the time of conveyance even though it is not explicitly mentioned

Requirements for S 62 to come into effect:
- dom tenement must be held by the grantor (freeholder)
- tenant should hold the land on a LEGAL lease (not equitable lease, eg agreement to lease)
- tenant should have enjoyed the benefit from the time the lease was initially signed

Note:
- this need not be “necessary” (eg like an easement implied by necessity)
- this need not be “visible” (eg like Wheeldon and Burrows) thus (eg) a concealed pipe will also pass under S 62
- it can convert a benefit that was enjoyed as a license, into an easement upon lease renewal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What kind of offence is robbery?

A

Indictable only

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the IoJ test to be granted a representation order for public funding?

A

If ur charged with a summary only or either way offence, you have to meet the Widgery criteria under the IoJ test to be granted a rep order:

  • likely to lose liberty/ livelihood/ damage to reputation
  • proceedings involve a substantive question of law
  • ur unable to understand proceedings (eg don’t speak English)
  • proceedings involve interviewing/ cross examining witnesses
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

When is a community sentence for an adult imposed?

A

Where the offence is serious enough to warrant such a sentence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Residential leases
If the prop is destroyed by a fire and LL has contracted out of the cov to repair in the lease, is LL still obligated to repair the prop?

A

Yes, residential or not, LL cannot contract out of or exclude the LTA cov to repair
However, if the damage to the prop is due to fire, flooding or inevitable accident (basically force maj) or T’s unreasonable use of the prop, then LL is not obligated to reinstate prop under the repair cov

The following is included under S11 LTA repair cov: repair of structure and exterior of prop. Keep the following in working order:
- supply of water, gas and electric systems
- heating apparatus for rooms and water
- the sanitation, bath, sinks, toilet, basin

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

When is the latest the defendant change their plea from “not guilty” to “guilty”?

A

at any stage of the trial as long as it is:
- before the jury returns their verdict; or
- the court passes a sentence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

There are 2 trustees for a charitable trust - T1 and T2. T1 dies first. Then, T2 dies. What happens to the trust? Does it become invalid? If no, who is the new trustee?

A

As it is a charitable trust, it does not have Bs (Bs are the public)
therefore, as T2 died last, T2’s PR will appoint one or more replacement trustee under S36 TOLATA statutory power of appointment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

When will you have criminal liability for an offence of “attempt”?

A

When your AR is more than merely preparatory

Planning alone, is not enough

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What kind of offence is criminal damage?

A

Either way

Under 5,000 is tried summarily

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is
1) Formula A
2) Formula B
3) Formula C

A

1) A = buyer’s solicitor directly sends over signed part of contract + deposit to seller’s solicitor. The exchange occurs over a subsequent phone call once both solicitors confirm exchange. This happens when there is strong level of trust + they want it to be done quickly.

2) B = each solicitor holds their client’s signed part of the contract, confirms both versions are identical over the phone, and exchange occurs once both solicitors agree.

3) C = chain system by ensuring all contract details are aligned from the bottom of the chain

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

A JT cannot be severed by will. What is the exception to this rule?

A

If JTs make mutual wills.
Then, upon the death of the JT, the 3rd party named in the mutual will, will get the deceased JT’s property rights.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q
  1. When is grant of letters of admin applied for?
  2. How many administrators will be appointed?
A
  1. There is a will but an executor is not appointed
  2. Where B is a minor or there is a life interest:
    - trust corp; or
    - min 2 individuals, unless it is practicable to only appoint 1 sole admin
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Can a minor act as an administrator (wills)?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q
  1. When D requests for initial details of the case, by when should P provide them to D?
  2. If D does NOT request for these details, by when should P provide them to D?
A
  1. as soon as practicably possible, latest before the beginning of the day of the first appearance
  2. at, or before, the beginning of the day of the first appearance
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is the other word for a chattel?

A

Fitting

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q
  1. When should S.26 notice be sent?
  2. What should S.26 notice contain?
  3. What is the counter notice and when should it be sent?
  4. What happens if counter notice is not sent on time?
A
  1. Within 6 - 12 months before the expiry of the lease.
  2. Main terms on which the tenant wants to renew the lease.
  3. LL should send S.27 counter-notice to oppose within 2 months of receiving S.26 notice (S27 must state the grounds of opposition)
  4. LL is deemed to have accepted the grant of a renewal lease and parties will now negotiate terms of the renewal lease
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

How does the power of maintenance work when B has a contingent interest upon reaching the age of 25? When do they get entitlement to the income?

A

B gains entitlement to trust income at 18, allowing them to receive distributions directly

Any unapplied income (through power of maintenance) is accumulated and paid to the B upon reaching 25

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Unreg land
1. What is a puisne mortgage?
2. How will it rank?
3. If mortgage 1 is not protected by the deposit of title deeds, but mortgage 2 is registered, then how will mortgage 1 rank?

A
  1. 2nd mortgage
  2. after the first mortgage (to be binding it has to be registered or be protected by the deposit of title deeds)
  3. mortgage 1 will rank as a puisne mortgage
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Once an executor renounces his executorship, can he request to reinstate the executorship?

A

Generally - no as it is absolute
Executorship can only be reinstated in exceptional circumstances with the permission of the court

23
Q

What are the 3 kinds of offences under the Fraud Act?

A
  • by false rep
  • failing to disclose info
  • abuse of position
24
Q

what is fraud by failing to disclose info

A

dishonestly withholding info where there is a LEGAL duty to disclose it

25
Q

Property
1. When a solicitor is holding the buyer’s deposit money on behalf of the seller - what will they hold it?
2. when can the solicitor release the money?
3. what is the exception to (2)?

A
  1. as a stakeholder
  2. only with the consent of the buyer
  3. if the deposit is being used by the seller to pay for an onward deposit (eg for the seller’s new house) & the solicitor has agreed to hold the money as a stakeholder.
26
Q

Can a trust be made for anticipated future property/ assets?

A

No, only for existing property/ assets

27
Q

Who does the presumption of bail not apply to?

A

Persons convicted of rape/ murder

28
Q
  1. What are the 4 requirements for something to be an easement? Re Ellenborough
  2. Is television reception (Hunter v Canary Wharf) capable of being an easement?
A
    • there must be dom + serv land
    • easement must benefit dom lan
    • dom and serv land must be owned/ occupied by diff parties
    • R must be capable of being an easement
  2. no (it was seen as too broad and vague)
29
Q

What is the ouster principle in easements?

A

R must not amount to exclusive possession in the sev land

30
Q

What is the main aim of the Building Lease Code?

A
  • to create terms that achieve a FAIR BALANCE between T and LL
  • must take into account the COMMERCIAL INTERESTS of T and LL

this ensures that the lease is equitable, reflecting the value and expectations of each side (upholds the principles of fairness and transparency)

31
Q

The estate of the deceased includes a car and personal belongings which must be divided equally among 3 beneficiaries with no specific legacies.
B1 wants the car. Can the executors of the estate give the car to B1?

A

Yes, only if B1 agrees to receive the car in lieu of cash

Note: this will only work as no one was specifically entitled to the car. If some B was specifically entitled to car, then they would have to consent to giving B1 the car first.

32
Q

Pre 1996

If LL wants to recover rent of new-t from old-t, what should they do?

A

LL should serve old-t a S.17 notice specifying the amounts due within 6 months from the date that the rent became due
If LL does not do serve this notice, the old-t will not be liable for the outstanding rent of new-t

33
Q
  1. What is the Chain of Representation? (executors)
  2. What are the 2 primary requirements?
A
  1. It is when a deceased executor’s own executor becomes the executor of the deceased’s estate (through appointment in the will) and also the executor of the original estate (to which the deceased was an executor) via S7 of the Administration of Estates Act.

2.
(a) the deceased executor should have named their executor in their own will
(b) deceased executor’s own executor should have applied for a grant of probate for the deceased executor’s estate
(c) there is no other executor (other than the deceased executor) for the original estate

34
Q
  1. Duration of a Youth Referral Order
  2. When is a referral order compulsory?
  3. When is YRO n/a?
A
  1. Max 3 years (but can be extended for 6 more months)
  2. If the youth pleads guilty
  3. If the offender satisfies the criteria for a compulsory referral order/ an existing YRO is in place/ an existing reparation order is in place
35
Q

What is an estate contract?

A

When a reg land freeholder grants the new leaseholder a lease, but the legal title has not been perfected (eg it is not protected by way of notice in the charges reg of the burdened land)… thus the new leaseholder has the benefit of the lease contract but no legal title as the lease is not registered (if it is a lease over 7 years).

36
Q

Under Standard Conditions of Sale - when should funds be received for completion on the same day?
Else what happens?

A

2 pm
Else, completion is treated as happening on the next WORKING day and interest is payable acc to Law Socity’s current interest rate

37
Q

Do you have to apply to the court for a witness summons?

A

Yes (you cannot issue it on your own)

38
Q

In relation to solicitor and inter vivos/ will gifts - when should a client obtain independent advice?

A

if the gift is to:
- the solicitor itself
- solicitor’s spouse/ family
- solicitor’s staff members
- solicitor’s staff members family
- gift is of significant amount

39
Q

Criminal damage
1. can “damage” be non- permanent?
2. what is taken into consideration for “damage”?

A
  1. yes
  2. time and effort to remedy the damage
40
Q

When there is a guarantor on a lease, and the guarantor has paid the defaulting tenant’s rent - what can the guarantor do to recover his payment?

A

apply to LL for an OVERRIDING lease (head lease)
this will make the guarantor the immediate LL for the defaulting T
this application should be done with 6m from date of the guarantor’s payment
this will give the guarantor all the benefits of a LL (including forfeiture by which he can regain the premises if the rent default continues)

41
Q

Infanticide
1. When is it applicable?
2. When charge is of infanticide, who has BoP?
3. When charge is of murder with a defence of infanticide rasied, who has BoP?

A
  1. baby must be under 12m
  2. P has the EVIDENTIAL burden to show the balance of mind was disturbed due to childbirth
  3. There is where MR for murder is present - here D has the EVIDENTIAL burden to show that the defendant was disturbed and P has to satisfy the legal burden of proof
42
Q

Will formalities

A
  • will must be in writing
  • signed by the testator (or someone else in the testator’s presence and upon testator’s direction)
  • witnessed by 2 or more persons

Testator’s signature/ acknowledgement of signature:
Both witnesses have to be present together for this (it cannot be in the presence of the witnesses one at a time)

Witnesses signature/ acknowledgement:
Only in front of the testator (need not sign/ acknowledge in front of the other witness)

43
Q

Time limits for breach of planning control

  1. building operations carried out without planning control
  2. unauthorized change of use to a single private dwelling house
  3. material change of use or failure to comply with conditions attached to a planning permission
A
  1. 4 years from date of breach
  2. 4 years
  3. 10 years from date of breach

Note, after April 2024, there is a single 10 year limit that applies to all breaches

44
Q

If the trustee’s use their power of advancement for the B, then once the B’s interest vests (eg at 25) and the money that was not advanced has now increased in value (ie from date of advancement to date of distribution) - how will that be distributed to B?

A

Either on a monetary value basis or percentage basis, at the trustee’s discretion.

45
Q

What is the MR you need for S18 (GBH with intent)

A

MR: to cause SERIOUS harm
(not SOME harm like S20)

46
Q

Conspiracy
1. How many people?
2. Elements

A
  1. 2 or more
  2. AR: explicitly agreeing to commit the offence
    MR: intention to commit the offence

*it is complete once the agreement is made, regardless of the crime’s execution

47
Q
  1. When is S148 notice used?
  2. when should it be served?
  3. what must LL let T know?
A
  1. to sue tenant for damages related to breach of repairing obligations
  2. this notice must be served by LL to tenant 1 month before proceedings are commenced for damages
  3. that T has 28 days to serve a counter notice
48
Q

Wills alteration - what is the effect?

  1. alteration on the will is signed?
  2. alteration made, but not signed?
A
  1. valid as it is presumed that the alteration is made prior to the execution of the will.
  2. invalid, the effect depends on:

If old wording is visible by natural means: admitted to probate as is and old wording will take effect.

If old wording is visible only by extrinsic means: then it will not be allowed and there will be a [blank] added to the alteration. So, only what is visible will take effect.

49
Q

Wills

What is the doctrine of dependent revocation?

A

where there is evidence that the testator did not intend to revoke the original wording (eg obliteration happened by accident)…
OR
where the change in wording was conditional to something…
then, the court WILL ALLOW extrinsic evidence to show why the original wording should take effect.

50
Q

How should the court handle a case where the identification evidence is poor and unsupported by other evidence?

How should the court handle a case where the identification evidence is poor BUT it is supported by other evidence?

A

the judge must withdraw the case from the jury and direct towards and acquittal

the judge can leave the case to the jury but must direct the jury to follow the turnbull guidelines and stress the special need for caution

51
Q

Can a blind person sign a will?

A

Yes but the attestation clause should indicate that he is blind and that it was read to him, and he understood it (without a proper attestation clause, an affidavit of knowledge and approval will be required)

52
Q

The annual IHT gift exemption is 3K in 2023-2024.
You have never used a gift exemption before. This year, you wish to use your gift exemption is full. What is your max gift exemption?

A

6K
this is because you can carry over last year’s exemption

53
Q
  1. what happens when D fails to surrender to bail?
  2. but what is the case is scheduled for trial?
  3. can D still be granted bail?
A
  1. court is likely to issue an immediate arrest warrant
  2. D may be tried in absentia
  3. yes…court may grant bail in D’s absence or may issue a warrant with the option of bail
    But, at the next hearing D must show proof of why they did not surrender to bail on time

SQE1 - Trick Questions (17 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions