A man is on trial accused of causing criminal damage. The magistrates

1.A man is on trial accused of causing criminal damage. The magistrates have just sat through four days of evidence, which included details of the man's three previous convictions for criminal damage and his disputed police station confession. Before the magistrates retire to consider their verdict, the man's solicitor will deliver the defence's closing speech.Which of the following issues will be excluded from the defence solicitor's closing speech? 选项： A:Reference to the man's police station confession. incorrect B:Reference to the prosecutions opening speech. . incorrect C:The burden and standard of proof. incorrect D:The issue of his client's bad character. incorrect E:Reference to his opening speech. Correct

2.A man has died without a will. The man is survived by his partner with whom he was cohabiting at the time of death, his minor children and his widowed mother.Which of the following correctly states who is entitled to apply for a grant of representation in relation to the man's estate? 选项： A:His mother only. correct B:His partner and his mother. incorrect C:His partner on behalf of the children. incorrect D:His mother but only on behalf of his children. incorrect E:The man's children may apply but they would need to act by an advisor such as a solicitor. incorrect

3.A man is charged with burglary. His solicitor advises him that the evidence against him is very weak and that he has a good chance of being acquitted. The man admits to his solicitor that he committed the burglary but he asks his solicitor if he should plead not guilty. He also asks if he should give evidence and deny that he was present at the scene of the burglary.What should the solicitor advise regarding the plea and the man giving evidence? 选项： A:The man should plead guilty as he has admitted his guilt to his solicitor. incorrect B:The man may plead not guilty and deny the offence in his evidence as the evidence against him is weak. incorrect C:The man may plead not guilty but, if he does so, the solicitor must then cease to act. incorrect D:The man may plead not guilty and put forward a defence himself but must not call any other false witnesses. incorrect E:The man may plead not guilty but must not put forward a positive defence. correct

4.A man made a will leaving everything to 'my wife', without naming his spouse. He subsequently divorced his wife and remarried but did not update his will. He has just died.Which of the following correctly states the position with regard to the man's will? 选项： A:As the will does not name the wife, it is taken to mean his wife at the time of his death. The will is valid. incorrect B:The man's divorce revoked the will and he is therefore intestate. incorrect C:The man's remarriage revoked the will and he is therefore intestate. correct D:The will is invalid because the beneficiary is uncertain and the man is therefore intestate. incorrect E:The will is valid but the gift to the man's wife fails. incorrect

5.A man made a will in 2017. He drafted it himself using an app and did not take legal advice. His mother was the executrix and sole beneficiary. Six months after he made the will, the man got married. He and his wife have no children. The man has just died in a car crash and his wife has asked you to advise her.Which of the following options correctly states the position regarding the will? 选项： A:The will is valid as it is deemed to have been made in contemplation of the marriage. incorrect B:The will is valid, as marriage does not revoke a will unless the terms of the will state that this is the case. incorrect C:The will is invalid and the wife becomes a beneficiary and executrix automatically on marriage. incorrect D:The will is invalid and the wife inherits the man's estate. correct E:The will is invalid in relation to the bequest to the man's mother, but she remains his executrix. incorrect

6.A man has died leaving a number of assets including a half share in a property held as tenants in common. The property is worth £500,000. The other half of the property is owned by the man's niece.Which of the following correctly states the value which will be included in the man's taxable estate? 选项： A:£500,000 incorrect B:£450,000 incorrect C:£250,000 incorrect D:£225,000 correct E:£275,000 incorrect

7.The report of a single joint expert is received on 1 May. On 14 June, the defendant's solicitor, without the claimant's agreement and without the court's permission, puts written questions to the expert for the purpose only of clarifying the expert's report. The expert telephones the solicitor and says that he has no obligation to reply to the questions. The solicitor informs the client, who is annoyed, and asks his solicitor to explain.What should the solicitor tell his client about the obligation of the expert to reply to the questions? 选项： A:That the expert is obliged to reply as a party is entitled to seek clarification of his report and that neither the claimant's agreement nor the court's permission is required. incorrect B:That the expert is not obliged to reply as the request was not made in time and the permission of the court or the claimant's agreement must be sought. correct C:That the expert is not obliged to reply as the claimant must agree the questions to be put as the expert is a single joint expert. incorrect D:That the expert is obliged to reply as the questions were put within a reasonable time following service of the report. incorrect E:That the expert is obliged to reply as the expert's overriding duty is to the court which overrides any obligation to the parties. incorrect

8.A man is charged with ABH and he admits that he committed the offence to his solicitor. The solicitor advises him that the identification evidence against him is very weak and that he has a good chance of acquittal on the evidence. The man asks his solicitor that in that case should he plead not guilty and deny he was present at the scene at all.What should the solicitor advise? 选项： A: The man must plead guilty as he has admitted the offence to his solicitor. B: The man should plead guilty as he won't be able to put forward a defence C: The man may plead not guilty and deny the offence as the evidence is weak D: The man may plead not guilty but must not put forward a positive defence, just put the prosecution to proof E: The man should plead not guilty but the solicitor must then cease to act

9.The family of a deceased person wish to be represented by their solicitor at the inquest to be held in the Coroner's Court.Which one of the following statements as to whether the solicitor has a right of audience in the Coroner's Court is correct? 选项： A:The solicitor has no right of audience. incorrect B:The solicitor has a right of audience only if given leave by the Solicitors Regulation Authority. incorrect C:The solicitor has an automatic right of audience. correct D:The solicitor has no right of audience unless the circumstances of the death are uncontentious. incorrect E:The solicitor has a right of audience only if they are a solicitor advocate. incorrect

10.A woman and her husband were involved in a car accident which killed the man at the time of the accident. The woman survived her husband but died after 21 days. Both their two children were unhurt. The woman left a will but her husband did not.Which of the following ly states the position with regard to the man's estate? 选项： A:The man's estate passes to the children. B:The man's estate passes to his wife and children under the intestacy rules. C:The man's estate passes under his wife's will as she survived him. D:The man's estate passes to his parents. E:The man's estate passes to his children but only after his wife's estate is finalised.

11.A man has died without a will. The man is survived by his partner with whom he was cohabiting at the time of death, his minor children and his widowed mother.Which of the following ly states who is entitled to apply for a grant of representation in relation to the man's estate? 选项： A:His mother only. B:His partner and his mother. C:His partner on behalf of the children. D:His mother but only on behalf of his children. E:The man's children may apply but they would need to act by an advisor such as a solicitor.

12.A man has died without a will. The man is survived by his partner with whom he was cohabiting at the time of death, his minor children and his widowed mother.Which of the following ly states who is entitled to apply for a grant of representation in relation to the man's estate? 选项： A:His mother only. B:His partner and his mother. C:His partner on behalf of the children. D:His mother but only on behalf of his children. E:The man's children may apply but they would need to act by an advisor such as a solicitor.

13.A．The man, his wife and his daughter.B．The man and his wife.C．The man's wife and his t 选项：A．The man, his wife and his daughter. B．The man and his wife. C．The man's wife and his two children. D．The man, his wife and his two children.

14.The claimant's solicitor has received the report of the single joint expert instructed by the parties in a construction dispute which has been allocated to the fast track. The solicitor discusses the findings of the report with her client. The client is uncertain about the report's findings and wishes to ask the expert questions about themWhat is the best course for the claimant to take in these circumstances? 选项： A:The claimant should agree the questions to be put to the expert with the defendant and put the questions in writing within 28 days of service of the report. incorrect B:The claimant must within 28 days of service of the report set out in writing the questions arising from the report and any additional questions which have arisen. incorrect C:Subject the expert to cross-examination at trial. incorrect D:The claimant should agree with the defendant to arrange a meeting with the expert to discuss the report's findings with a view to facilitating settlement. incorrect E:The claimant may put written questions to the expert within 28 days of service which must be for the purpose only of clarification of the report. correct

15.A man dies, leaving a valid will under which his wife is appointed as his executor The will leaves most of the man's estate to his son and daughter as residuary beneficiaries His wife obtains a gram of probate and begins administering the man's estate However, she dies shortly afrer beginning the process, leaving a will appointing her daughter as executor. The daughter has now obtained a grant of probate for the wife's estate. Which of the following best describes how the administration of the man's estate can be progressed? 选项： A:The daughter is required to administer the man's estate B:The daughter and son equally are entitled to administer the man's estate C: Any will beneficiary can apply for a new grant of probate for the mans estate D: A grant de bonis non is needed to complete the administration of the man's estate E: The son can apply for a new grant of probate for the man's estate

16.The room is reserved for ( ). 选项： A:the man, his wife and his daughter B:the man and his wife C:the man, his wife and his two children D:the man's wife and his two children

17.The room is reserved for ( ).选项： A:the man, his wife and his daughter B:the man and his wife C:the man, his wife and his two children D:the man's wife and his two children

18.A man made a will 10 years ago leaving everything to his wife with the provision that if his wife predeceased him then everything would instead pass to their only son. The man and his wife divorced five years later and he now has a new partner, with whom he has a young daughter. The man has recently died and his new partner has asked for your assistance in interpreting his will.Choose the single best answer: 选项： A: Hal of the man's estate will be divided equally between his new partner and their daughter, the remaining half will pass to his son B: The man's entire estate will pass to his ex-wife C: The man's entire estate will pass to his son D: The man's entire estate will pass to his new partner E: The man's estate will be divided equally between his two children

19.You have been instructed by the girlfriend of a deceased young man. The man died suddenly four months ago. The man had not made a will, having believed this unnecessary. The man and your client had been living together for five years and were intending to marry next year. They had bought their house together and held this as tenants in common, as the man had contributed more to the purchase price. The man's father passed away when he was young, so his mother is due to inherit the entire estate under intestacy. The estate comprises the man's share of their house, worth £70, 000, and some Premium Bonds, worth £10, 000.The man's mother has told your client that she must sell the house and she seeks your advice as to whether there is anything she can do to keep her home. Choose the single best answer: 选项： A: The man's girlfriend can make a claim against the estate as the man's cohabitee and should do so within six months of the grant of representation B: The man's girlfriend can make a claim against the estate as the man's cohabitee and should do so within the executors' year ( i，E，12 months from the date of death) C: The man's girlfriend can make a claim against the estate as the man's spouse, as they were intending to marry and should do so within six months of the grant of representation D: The man's girlfriend can pay his mother £70, 000 to keep his share of the property and his mother has no choice but to accept this E: There is nothing the man's girlfriend can do as he did not make a will and she must leave the property

20.You have been instructed by the girlfriend of a deceased young man. The man died suddenly four months ago. The man had not made a 面11, having believed this un necessary . The man and your client had been living together for five years and were intending to marry next year. They had bought their house together and held this as tenants in common, as the man had contributed more to thePurchase price. The man's father passed away when he was young, so his mother is due to inherit the entire estate under intestacy. The estate comprises the man's share of their house, worth 切 , , and some Premium Bonds, worth£1 , .The man's mother has told your client that she must sell the house and she seeks your advice as to whether there is anything she can do to keep her home . Choose the single best answer: 选项： A: The man's girlfriend can make a claim against the estate as the man's cohabitee and should do so within six months of the grant of representation B: The man's girlfriend can make a claim against the estate as the man's cohabitee and should do so within the executors'year (i.e. 12Months from the date of death) C: The man's girlfriend can make a claim against the estate as the man's spouse, as they were intending to marry and should do so within six months of the grant of representation D: The man's girlfriend can pay his mother 幻 , to keep his share of the property and his mother has no choice but to accept this＿ E: There is nothing the man's girlfriend can do as he did not make a will and she must leave the property

21.The young man's _____ behavior foreshadowed a future of criminal activity, much to the dismay of his parents. 选项： A: limerick B: sermonize C: augur D: outgoing