Wrong Answers FLK2 Flashcards
When can intoxication not be used as a defence to murder?
When the mens rea was formed before the intoxication, or notwithstanding the intoxication
If evidence is overwhelmingly strong against your client, should you tell them to plead guilty?
No, you should NEVERtell your client how to plea
How can a trustee retire?
1 Consent by deed of all co-trustees and any person empowered to appoint new trustees
2. Leave in office at least 2 trustees or a trust corporation
Will a buyer of unregistered land be bound by a deed of easement if they only discover it after the transaction completes?
Yes - only equitable easements need to be registered as D(iii) land charges
Is minor internal work considered development for purposes of the Town and Country Planning Act?
NoIn
In the registered system, what is the period required for an application of adverse possession?
10 years
What is the maximum amount of time that access to legal advice can be denied?
36 Hours
What are the requirements to deny access to legal advice?
(1) the suspect is arrested on an indictable only or either way offence,
(2) a police officer of the rank of superintendent or above has authorised the delay in writing, and
(3) the officer has reasonable grounds to believe that exercise of the right will lead to interference with evidence, interference with others, alerting other suspects, or hindering the recovery of property related to the offence
Explain fraud by false representation?
Fraud by false representation requires that the defendant dishonestly make a false representation intending to make a gain for himself or a loss for another.
What does a Form A Restriction on the Proprietorship register indicate?
That the land is owned beneficially as tenants in common
What are the tax requirements for a variation of a gift given to you under a will?
To be effective for tax purposes, a variation must be made in writing, made within two years of death, and not made for monetary consideration
Can trustees advance capital to an absolutely entitled beneficiary who is 17?
Yes, if it for their advancement or benefit
How can beneficiaries of a trust bring a PERSONAL claim against a third party?
The 3P must have acted dishonestly in the circumstances
What is the local search?
local search reveals whether there are registrations by the local authority in the land charges register. The second part is a standard set of enquiries of the local authority which include enquiries about roads fronting the property, public rights of way, and planning entries and building regulations relevant to the property. A local search may also include optional enquiries
Go check your notes for competence and compellability
Under what circumstances is a co-defendnat competent and compellable for the prosecution?
If they plead guilty or the case is droppedE
Explain Formula B
Formula B for exchanging contracts by telephone, each solicitor holds their own client’s part of the contract, confirms they are the same, and then sends it. The buyer’s solicitor will also send the deposit funds to the seller’s solicitor to hold as stakeholder pursuant to the unamended Standard Conditions of Sale
In a trial at the magistrates’ court, does the defendant need to provide details of their defence in advance of a trial?
no
Does a landowners rights extend to the heavens?
No, the landowner is allowed rights in the airspace only to such height as is necessary for the ordinary use and enjoyment of land and the structures on it
Two legal estates and 5 legal interests in land?
Freehold + Leasehold
Mortgages, Easements, Rent charges, Rights of entry, and Profits à prendre (remember ‘MERRP’ – sounds like burp
Under the Code for Completion by Post, the seller’s solicitor gives a warranty that..
the solicitor is authorised to act by the true seller
How much IHT relief would shares in an unlisted trading company get?
100% if held for 2 years
What must you show for a defence of loss of control ?
1) his acts and omissions in doing or being a party to the killing resulted from his loss of self-control, (2) the loss of self-control had a qualifying trigger, and (3) a person of the defendant’s sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of the defendant, might have reacted in the same or in a similar way to him.
What is the basic rule of intestacy about when a will speaks to?
The basic rule of succession is that a will speaks from the date of death unless a contrary intention is apparent in the will
What is the definition of battery?
Battery is the intentional or reckless application of unlawful personal force upon another person
Can trustees advance capital to a remainderman?
Trustees’ power to advance capital is discretionary. When there is a trust of successive interests, any beneficiary with a prior interest must give their written consent to an advance. Therefore, an advancement of capital to a remainderman must be with the written consent of the life tenant.
Caveat Emptor keeps tripping you up
When are referral orders not available?
Referral orders are not available when a defendant has pleaded not guilty to all charges and is convicted after trial.
How many executors are required if there is a minor beneficiary in an intestate estate?
Minimum of TWO
Where are easements registered?
- Benefit - Property register
- Burden - Charges register
Check the method of creating an easement by statute?
Prior diversity of occupation
Must be a conveyance (deed / lease) into which the easement will be implied
Continuous and apparent
Can a PR charge for their services?
PRs are not entitled to charge for services unless it is authorised in some way-either by the court, the will, or the beneficiaries. The court can authorise remuneration for PRs for past, present, or future services
When can beneficiaries remove and appoint trustees?
Full age + capacity + absolutely entitled
Check the rules on advancement to someone with a contingent interest
Class closing rules NB
