SQE1 Wills, Criminal Law & Dispute Resolution 2 — Questions and Answers
Question 1: What is 'intestacy' and which Act governs the distribution of an estate in England and Wales when someone dies without a valid will?
- Intestacy occurs when a will is contested; governed by the Wills Act 1837
- Intestacy occurs when a person dies without a valid will; governed by the Administration of Estates Act 1925 (Correct answer)
- Intestacy occurs when probate is refused; governed by the Inheritance Act 1975
- Intestacy is governed by the Inheritance Tax Act 1984
Correct answer: Intestacy occurs when a person dies without a valid will; governed by the Administration of Estates Act 1925
Intestacy arises when a person dies wholly or partially without a valid will. The Administration of Estates Act 1925 (as amended by the Inheritance and Trustees' Powers Act 2014) sets out the statutory order of priority for distributing the estate (spouse, children, parents, etc.).
Question 2: Under the SRA Code of Conduct 2019, which of the following is a solicitor's duty relating to the court?
- To win every case regardless of the means used
- Not to mislead the court and to ensure the court can fulfil its overriding objective (Correct answer)
- To disclose confidential client information if it assists the court
- To conduct advocacy only in the solicitor's best financial interest
Correct answer: Not to mislead the court and to ensure the court can fulfil its overriding objective
The SRA Code of Conduct requires solicitors to uphold the rule of law and proper administration of justice, including a duty not to mislead the court by acts or omissions and to behave in a way that maintains the trust the public places in the profession and in the justice system.
Question 3: What is the difference between 'murder' and 'manslaughter' in English criminal law?
- Murder always involves premeditation; manslaughter is always accidental
- Murder requires an intention to kill or cause GBH; manslaughter lacks this mens rea (voluntary manslaughter has a partial defence; involuntary is an unlawful/dangerous act or gross negligence) (Correct answer)
- Manslaughter is only relevant for corporate defendants
- Murder carries a mandatory life sentence; manslaughter carries a maximum of 5 years
Correct answer: Murder requires an intention to kill or cause GBH; manslaughter lacks this mens rea (voluntary manslaughter has a partial defence; involuntary is an unlawful/dangerous act or gross negligence)
Murder = unlawful killing with malice aforethought (intent to kill or cause GBH). Voluntary manslaughter = murder with a partial defence (loss of control or diminished responsibility), reducing to manslaughter. Involuntary manslaughter = unlawful act manslaughter or gross negligence manslaughter, without the murder mens rea.
Question 4: Under the Civil Procedure Rules, what is the 'overriding objective'?
- To ensure all cases are decided in favour of the claimant where possible
- To enable the court to deal with cases justly and at proportionate cost (Correct answer)
- To ensure cases proceed as quickly as possible regardless of costs
- To maximise the use of legal aid funding
Correct answer: To enable the court to deal with cases justly and at proportionate cost
The overriding objective of the CPR (Rule 1.1) is to enable the court to deal with cases justly and at proportionate cost. This includes ensuring parties are on an equal footing, saving expense, dealing with cases in proportion to their value/complexity, and ensuring appropriate speed.
Question 5: What is 'diminished responsibility' as a partial defence to murder under the Homicide Act 1957 (as amended by the Coroners and Justice Act 2009)?
- A full acquittal based on mental illness
- A partial defence reducing murder to manslaughter where the defendant suffered an abnormality of mental functioning arising from a recognised medical condition that substantially impaired their responsibility (Correct answer)
- A defence available only to defendants with a documented psychiatric history
- A defence based on the defendant having a below-average IQ
Correct answer: A partial defence reducing murder to manslaughter where the defendant suffered an abnormality of mental functioning arising from a recognised medical condition that substantially impaired their responsibility
Diminished responsibility (s.2 Homicide Act 1957, as amended) reduces murder to voluntary manslaughter. It requires: an abnormality of mental functioning; arising from a recognised medical condition; which substantially impaired the defendant's ability to understand their conduct, form a rational judgment, or exercise self-control; and which provides an explanation for the killing.
Question 6: What is 'alternative dispute resolution' (ADR) and what is the court's attitude to parties who unreasonably refuse to engage in it?
- ADR is optional and courts take no view on a party's refusal to participate
- ADR includes mediation, arbitration, and negotiation; courts may impose costs sanctions on parties who unreasonably refuse to engage (Correct answer)
- ADR is compulsory for all civil claims before proceedings can be issued
- ADR only applies to commercial disputes above £1 million
Correct answer: ADR includes mediation, arbitration, and negotiation; courts may impose costs sanctions on parties who unreasonably refuse to engage
ADR encompasses mediation, arbitration, early neutral evaluation, and other non-court dispute resolution methods. Courts actively encourage ADR and can impose costs penalties on parties who unreasonably refuse to engage (Halsey v Milton Keynes NHS Trust [2004]; revised guidance encourages stronger judicial promotion of ADR).
SQE1 Wills, Criminal Law & Dispute Resolution 2
What is 'intestacy' and which Act governs the distribution of an estate in England and Wales when someone dies without a valid will?