Wrong Answers FLK2

Question 1

When can intoxication not be used as a defence to murder?

Answer 1

When the mens rea was formed before the intoxication, or notwithstanding the intoxication

Question 2

If evidence is overwhelmingly strong against your client, should you tell them to plead guilty?

Answer 2

No, you should NEVERtell your client how to plea

Question 3

How can a trustee retire?

Answer 3

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

Question 4

Will a buyer of unregistered land be bound by a deed of easement if they only discover it after the transaction completes?

Answer 4

Yes - only equitable easements need to be registered as D(iii) land charges

Question 5

Is minor internal work considered development for purposes of the Town and Country Planning Act?

Answer 5

NoIn

Question 6

In the registered system, what is the period required for an application of adverse possession?

Answer 6

10 years

Question 7

What is the maximum amount of time that access to legal advice can be denied?

Answer 7

36 Hours

Question 8

What are the requirements to deny access to legal advice?

Answer 8

(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

Question 9

Explain fraud by false representation?

Answer 9

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.

Question 10

What does a Form A Restriction on the Proprietorship register indicate?

Answer 10

That the land is owned beneficially as tenants in common

Question 11

What are the tax requirements for a variation of a gift given to you under a will?

Answer 11

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

Question 12

Can trustees advance capital to an absolutely entitled beneficiary who is 17?

Answer 12

Yes, if it for their advancement or benefit

Question 13

How can beneficiaries of a trust bring a PERSONAL claim against a third party?

Answer 13

The 3P must have acted dishonestly in the circumstances

Question 14

What is the local search?

Answer 14

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

Question 15

Go check your notes for competence and compellability

Question 16

Under what circumstances is a co-defendnat competent and compellable for the prosecution?

Answer 16

If they plead guilty or the case is droppedE

Question 17

Explain Formula B

Answer 17

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

Question 18

In a trial at the magistrates’ court, does the defendant need to provide details of their defence in advance of a trial?

Answer 18

no

Question 19

Does a landowners rights extend to the heavens?

Answer 19

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

Question 20

Two legal estates and 5 legal interests in land?

Answer 20

Freehold + Leasehold

Mortgages, Easements, Rent charges, Rights of entry, and Profits à prendre (remember ‘MERRP’ – sounds like burp

Question 21

Under the Code for Completion by Post, the seller’s solicitor gives a warranty that..

Answer 21

the solicitor is authorised to act by the true seller

Question 22

How much IHT relief would shares in an unlisted trading company get?

Answer 22

100% if held for 2 years

Question 23

What must you show for a defence of loss of control ?

Answer 23

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.

Question 24

What is the basic rule of intestacy about when a will speaks to?

Answer 24

The basic rule of succession is that a will speaks from the date of death unless a contrary intention is apparent in the will

Question 25

What is the definition of battery?

Answer 25

Battery is the intentional or reckless application of unlawful personal force upon another person

Question 26

Can trustees advance capital to a remainderman?

Answer 26

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.

Question 27

Caveat Emptor keeps tripping you up

Question 28

When are referral orders not available?

Answer 28

Referral orders are not available when a defendant has pleaded not guilty to all charges and is convicted after trial.

Question 29

How many executors are required if there is a minor beneficiary in an intestate estate?

Answer 29

Minimum of TWO

Question 30

Where are easements registered?

Answer 30

1. Benefit - Property register
2. Burden - Charges register

Question 31

Check the method of creating an easement by statute?

Answer 31

Prior diversity of occupation
Must be a conveyance (deed / lease) into which the easement will be implied
Continuous and apparent

Question 32

Can a PR charge for their services?

Answer 32

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

Question 33

When can beneficiaries remove and appoint trustees?

Answer 33

Full age + capacity + absolutely entitled

Question 34

Check the rules on advancement to someone with a contingent interest

Question 35

Class closing rules NB