General Test
1.
MARRIAGE AND CIVIL PARTNERSHIP
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At what age is a person
allowed to marry?
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At any age.
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14.
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21.
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18.
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16.
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When will a breach of
the formality requirements in the Marriage Act 1959 render a
marriage void?
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If the breach is
objected to by a person present.
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If the parties are
responsible for the breach.
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If the parties are
aware of the breach.
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If the breach
involves an issue of public policy.
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If it is a grave
breach.
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Which of the following
does not need to be demonstrated if a person is to obtain a
gender recognition certificate?
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That the applicant
has had gender reassignment surgery.
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That the applicant
suffers gender dysphoria.
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That the applicant
intends to continue living in their acquired gender.
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That the applicant
has lived in their acquired gender for the previous two
years.
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That the applicant
has medical evidence to support their case.
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Which of the following
is a difference between a void and a voidable marriage?
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Financial orders can
be made in respect of a voidable marriage but not a void
one.
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A court order is
required to annul a voidable marriage but not a void
marriage.
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Void marriages are
criminal offences; voidable marriages are not.
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Which of the following
statements best summarises the circumstances in which a
marriage can be annulled for lack of consent due to duress?
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A marriage will be
voidable only if the husband made a serious threat against
the wife.
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A marriage will be
voidable if there was a threat that caused the party to
enter a marriage.
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A marriage will be
voidable only if there was a threat which meant that one
of the parties did not genuinely consent to the marriage.
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A marriage will be
voidable only if the threat was of death or serious
injury.
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Which of the following
is not an accurate statement about the differences between a
marriage and a civil partnership?
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A civil partner
cannot obtain financial orders if the relationship breaks
down, while a spouse can.
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Non-consummation can
lead to the nullity of a marriage, but not a civil
partnership.
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Adultery is a fact
proving the ground for divorce, but not dissolution.
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A religious service
can be used in a marriage, but not a civil partnership
ceremony.
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Which of the following
is not a consequence of marriage?
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Spouses are
financially liable to support one another.
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On divorce the
courts have power to redistribute property.
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Spouses are entitled
to inherit in cases of intestacy.
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Spouses are legally
responsible for each other debts.
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Which of the following
is a correct statement about cohabitants?
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Cohabitants do not
automatically have the same rights as married couples.
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Cohabitants can
claim maintenance from each other in the case of a
relationship breakdown.
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Cohabitants who have
lived together for two years have the same legal rights as
married couples.
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Which
of the following was a reason given in Wilkinson
v Kitzinger
for not allowing same-sex couples to marry?
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That allowing
same-sex marriage would lead to strong protests from
religious groups.
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That the church law
decided who could marry.
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That homosexuality
was immoral.
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That it was
necessary to uphold the traditional understanding of
marriage.
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That it would be
contrary to the Human Rights Act to allow two women to
marry.
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In order to have the
mental capacity to marry, what does a person have to
understand?
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The character of
their proposed spouse.
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The religious nature
of marriage.
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The fact that
marriage can end in divorce.
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The nature, rights
and responsibilities of marriage.
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2.
PROPERTY CONSEQUENCES OF RELATIONSHIPS
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In Ghaidan v Mendoza
what kind of couple was the court willing to state were
living together as 'husband and wife'?
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A long parent and
child.
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An unmarried
opposite sex couple.
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An uncle and nephew.
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A same-sex couple.
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Under what legislation
can an unmarried parent be ordered to pay lump sums to
support their children?
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Matrimonial Causes
Act 1973.
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Children Act 1989.
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Family Law Act 1996.
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Family Law Reform
Act 1969.
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Child Support Act
1991.
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Which of the following
circumstances could give rise to a resulting trust?
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B promises A he will
leave A his house in his will
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A contributes to the
purchase price of a house which is put into B's name
alone.
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B promises he will
let A live in his house
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A helps B choose a
suitable house to buy
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Which of the following
would give rise to a presumption of advancement (i.e. a
presumption of a gift)?
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A sister transfers
property to her sibling.
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A father transfers
property to his daughter.
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An aunt transfers
property to her nephew.
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In a constructive trust
how can a common intention to share ownership be inferred?
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From a payment
towards household expenses
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It cannot.
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From a direct
contribution to the purchase price or a mortgage
instalment
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Where the couple
have lived together for two years
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In addition to a common
intention to share ownership, what else is required to
establish a constructive trust?
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A direct
contribution to the purchase price or mortgage instalment.
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A finding that it
would be just to give the claimant a share in the
property.
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A promise to
transfer the property to the claimant.
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Reliance on the
common intention.
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Having established a
constructive trust, how will the court work out what share
each party has?
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It will depend on
their agreement, or if there was no agreement on what
would be fair.
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It will depend only
on their financial contributions.
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It will depend on
what would happen had they been married.
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In
Gillet
v Holt
what did the Court of Appeal suggest was the key concept in a
proprietary estoppel?
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Detriment.
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Stopping.
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Reliance.
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Promise.
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Conscionability.
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How will a court
ascertain what to award a person who successfully claims a
proprietary estoppel?
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It will give the
applicant what would be fair.
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It will give the
applicant what they were promised.
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It will compensate
the applicant for their reliance.
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It will give the
applicant property.
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Which of the following
statements best summarises the law on cohabitation contracts?
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They will be read by
the courts and taken into account, but not directly
enforced.
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They will be
enforced if they are valid under the normal law of
contract.
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They are never
enforceable.
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3. DIVORCE AND DISSOLUTION
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What is the ground for
divorce?
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Unreasonable
behaviour.
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Consent.
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Adultery.
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Irretrievable
breakdown.
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None of the above.
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Which of the following
is not a fact which can prove the ground for divorce?
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The respondent has
committed adultery and the petitioner finds it intolerable
to live with the respondent.
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The respondent has
deserted the petitioner for a continuous period of at
least two years immediately preceding the presentation of
the petition.
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The respondent has
been cruel to the petitioner and the petitioner can no
longer live with the respondent.
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The respondent has
behaved in such a way that the petitioner cannot
reasonably be expected to live with the respondent.
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If the consent ground
is relied upon and both petitioner and respondent consent to
the divorce, how long must they live separately?
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One year.
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Three years.
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Five years.
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Two years.
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Six months.
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When the adultery fact
is relied upon, what must be shown in addition to the fact of
adultery?
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That the petitioner
has not committed adultery.
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That the petitioner
cannot reasonably be expected to live with the respondent.
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That the petitioner
finds it intolerable to live with the respondent.
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That the parties
have live separately for two years.
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That the adultery
was 'gross'.
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Which of the following
statements best describes the behaviour fact?
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That the respondent
has behaved unreasonably.
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That the respondent
has behaved in such a way that the petitioner cannot
reasonably be expected to live with the respondent.
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That the respondent
has behaved unreasonably and that the petitioner finds it
intolerable to live with the respondent.
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That the behaviour
of the respondent is such that a reasonable person in the
petitioner's shoes would want to divorce him or her.
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That the respondent
has behaved in such a way that the petitioner cannot live
with the respondent safely.
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Which of the following
does not need to be shown to rely on the desertion ground?
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Separation for at
least two years.
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It would be
unreasonable to expect the parties to live together.
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No just cause to
desertion.
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No consent by the
petitioner to the desertion.
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An intention by the
respondent to desert the petitioner.
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What is the special
procedure?
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It enables the
parties to have no fault divorce.
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It facilitates the
speedy serving of a divorce petition.
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It means that if the
petition is not defended the facts in the petition do not
have to be proved.
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How long do you have to
be married before you can petition for divorce?
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One year.
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Five years.
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One day.
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Two years.
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Six months.
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Which of the following
was not a reason for the abandonment of the reform of divorce
in the 1996 Family Law Act?
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There was strong
opposition from men's groups to the reforms.
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It did not appear to
be effective in encouraging people to use mediation.
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The information
meetings were of limited use to some people.
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What is the main
difference between the law on divorce and dissolution of
civil partnerships?
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Adultery is not a
fact for dissolution, although it is for divorce.
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Dissolution is a no
fault based system, unlike divorce.
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The ground of
divorce is different from the ground for dissolution.
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Dissolution is based
on proof of unreasonable behaviour, unlike divorce.
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4. THE
LEGAL CONSEQUENCES OF DEATH IN THE FAMILY
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Who
can make a will?
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any adult married
person (after 18 years)
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any adult person
(after 18 years) of sound mind
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only spouses
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Where
a deceased spouse leaves a surviving spouse and children (or
grandchildren) the
surviving spouse takes
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only personal
chattels
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the personal
chattels absolutely, a statutory legacy of £125 000, plus
a life interest in half the balance of the estate
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a statutory legacy
of £200000, plus an absolute interest in half the balance
of the estate
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Everything above the
nil rate band (£255,000) is liable to a
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40% taxation rate
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20% taxation rate
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0% taxation rate
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If after a person's death
the entire value of their assets including their home and
savings was worth £350,000 and they were not leaving the entire
estate to their spouse the estate would have to pay a total in
tax of
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£38,000
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£39,000.
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£200,000.
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5. PARENTS AND CHILDREN
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Who is the mother of a
child?
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The woman who
carries out the day-to-day job of mothering.
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The woman whose egg
led to the creation of the child.
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The woman who gives
birth to the child.
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The woman a
reasonable person would say was the mother.
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What is a surrogacy
arrangement?
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Where a child has
been taken into care by the local authority .
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Where a child is
born using donated sperm.
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Where a child is
born using a donated egg.
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Where a couple ask a
woman to carry a child for them.
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What
is the 'pater
est'
presumption?
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That the genetic
father of a child is the legal father.
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That the child has
no father unless DNA tests are done.
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That the husband of
a woman who gives birth is the father of the child.
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That a man who was
sleeping with the mother at the time of conception is the
father of the child.
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If a woman gives birth
following treatment at a licensed clinic using donated sperm,
which of the following could not be treated as the father of
the child?
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The husband of the
woman.
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The male partner of
the woman if they were receiving treatment services
together.
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The sperm donor.
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Which of the following
is closest to the statutory definition of parental
responsibility?
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The rights, duties,
powers, responsibilities and authority which by law a
parent of a child has.
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The legal status of
parenthood as understood by the law.
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A stamp of approval
to demonstrate that the parent is a committed parent in
the eyes of the law.
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Which of the follow
groups of fathers do not automatically get parental
responsibility?
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Fathers who are
married to the mother.
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Fathers who have
entered parental responsibility agreements.
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Fathers who have
successfully applied for a parental responsibility order.
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Father who pay child
support.
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Fathers who are
registered as fathers on the birth certificate.
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If someone who is not a
parent of a child needs parental responsibility, what is the
most likely way a court will give to them?
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Make a parental
responsibility agreement.
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Make a parental
responsibility order in their favour.
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Make a specific
issue order .
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Make a residence
order in their favour.
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In a case of a
surrogacy where the child has been handed over by the
surrogate mother to the commissioning couple, what orders can
the coupe apply for in order to become parents of the child?
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A prohibited steps
order or a special guardianship order.
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A parental
responsibility order or a residence order.
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A parental order or
an adoption.
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There is no such
order that can be made.
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Over what kind of
issues should those with parental responsibility consult?
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Over issues where
the child has strong views.
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Over issues which
are fundamental and important.
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Over issues which
are in the public interest.
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Over those which
affect the welfare of the child.
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Over issues which
have financial implications.
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Which mothers get
parental responsibility automatically?
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Women who apply to
the court for parental responsibility.
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Women who are
entered on the birth certificate.
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All mothers get
parental responsibility automatically.
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