MCP Solicitors News
Big Business Bite Back
1. How many years do you have to live together before you become common law husband and wife (i.e. treated as married but not having gone through the marriage ceremony)?
(a) 12 months
(b) 7 years
(c) 21 years
(d) None of the above
ANSWER: (d) None of the above
There is no such thing as a common law wife or husband. You do not automatically gain rights by reason of long cohabitation with a partner.
You may obtain property rights by either a constructive or resulting trust or because there are children.
2. Which of these is not an Act of Parliament?
(a) Land of Idiots Act 1324
(b) Clapboard Act 1592
(c) Making of Hats Act 1551
(d) They are all Acts of Parliament
ANSWER: (d) They are all Acts of Parliament
The Land of Idiots Act 1324 relates to forfeiting the land of people deemed to be insane.
3. In March 2008 Parliament began moves to repeal all or parts of 328 Acts of Parliament which experts say are completely redundant. Which is the oldest Act being repealed?
(a) Inquest of Escheators Act 1429
(b) Powerdyke in Marshland Act 1530
(c) London to Harwich Road Act 1695
ANSWER: (c) London to Harwich Road Act 1695
The other two were genuine Acts of Parliament.
4. What, according to a 1751 Act, is a disorderly house?
(a) A theatre
(b) A brothel
(c) The House of Commons
ANSWER: (a) A theatre
Parliament feared the public entertainment explosion of the era was leading people to fritter away their income causing them to beg and steal. The Act regulated theatres.
5. Figures from the National Statistics Office 2006 state that a ratio of weddings to divorce in the United Kingdom. Which is it?
(a) 1 divorce for every marriage
(b) 2 marriages for every divorce
(c) 2 divorces for every marriage
ANSWER: (b) 2 marriages for every divorce
In the United Kingdom there were 275,140 weddings and 148,141 divorces.
6. In 1661 what did William Shakespeare leave in his will to his wife Anne?
(a) The sum of one penny
(b) The Globe Theatre
(c) His second best bed
(d) £50 if she renounced any claim in Chapel Lane Cottage
ANSWER: (c) His second best bed
His will does not say what he intended concerning his "best bed"
His daughter Judith was left £50 upon condition that she renounced a property claim.
7. The Shortest English Will - 'All for Mother' in which his mother was his wife, not his mother. True or False?
ANSWER: True
It was contested and later admitted for probate in 1906.
8. On 8 June 1948 in Saskatchewan, Canada, a farmer named Cecil George Harris who had become trapped under his own tractor carved a will into the tractor's fender. It read "In case I die in this mess I leave all to the wife. Cecil Geo. Harris" The fender was probated and stood as his will. The fender is currently on display in the library at the University of Saskatchewan College of Law. Would such a will be valid in England and Wales? Yes or No?
ANSWER: No
Holographic Wills are not recognised in this country – no Will is valid unless it is in writing and executed in the manner prescribed by statute.
The exception to this is for soldiers, airmen and sailors on "active military service" (and, in the case of mariners, being "at sea"). Any form of words, written or spoken, will suffice to dier's/sailor's/airman's Will provided that it is a deliberate expression of his/her wishes (but not just a casual conversation). It can be revoked in the same manner – but neither passage of time nor return to civvy street will automatically revoke (but, as with ordinary Wills, marriage will revoke it).
9. In which year did Cadbury first apply to register a trade mark of the "Cadbury" name?
(a) 1886
(b) 1956
(c) 1986
ANSWER: (a) 1886
10. What are Judges' wigs made of?
(a) Synthetic material
(b) Wool
(c) Horse hair
(d) Human hair
ANSWER: (c) Horse hair
11. In a recent case an employee established that one of the beliefs listed below was protected from discrimination under the Employment Equality (Religion or Belief) Regulations Act 2003. Which one was it?
(a) A belief that eating turkeys at Christmas (or any other time) is wrong, held by a life long vegan;
(b) A belief in the importance of the environment and climate change, held by the Head of Sustainability at a property
company;
(c) A belief in the principles of the BNP, held by a prospective parliamentary candidate;
(d) A belief in Jedi principles held by the founder of the International Church of Jediism.
ANSWER: (b)
A man who believed that mankind was heading towards catastrophic climate change and that everyone was under a moral duty to lead their lives in a manner that mitigated or avoided that catastrophe for the benefit of future generation was able to claim he had been discriminated against.
12. In a recent House of Lords decision what was established as a principle of Employment Law?
(a) Employees and workers on long-term sick leave continue to accrue holiday despite not being at work;
(b) All employees are now able to insist that their employer set up a pension scheme and to join them in to it.
(c) An employer is able to unilaterally change an employee’s hours of work despite not having the express power to do so in
the Contract of Employment;
(d) An employer can lawfully disclose an employee’s confidential information to marketing firms for a profit.
ANSWER: (a)
Employees and workers on long term sick leave now continue to accrue statutory holiday (currently 28 days) and are able to carry over any untaken holiday into the following year or be paid in lieu.
