SQE1 Wills, Criminal Law & Dispute Resolution 2

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?

Accepted Answer

Intestacy occurs when a person dies without a valid will; governed by the Administration of Estates Act 1925

Answer

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?

Accepted Answer

Not to mislead the court and to ensure the court can fulfil its overriding objective

Answer

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?

Accepted 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)

Answer

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'?

Accepted Answer

To enable the court to deal with cases justly and at proportionate cost

Answer

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)?

Accepted 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

Answer

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.

SQE1 Practice Test

SQE1 Practice Test

SQE1 Wills, Criminal Law & Dispute Resolution 2