Solicitors Qualifying Examination (SQE) Stage 1 Functioning Legal Knowledge (FLK) 1 Practice Test

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• Who pays CGT in partnerships and LLPs?
• What is the deadline for a defendant to respond to a claim?
• What does 'tax transparent' mean in practice for partnerships and LLPs?
• For a private company with more than one member, what is the minimum number of shareholders required to constitute a quorum?
• When are pure economic losses recoverable in tort?
• Which statement best describes a written resolution in private company practice?
• What is consideration and why is it necessary?
• Common defenses in criminal law.
• In a traditional partnership, what describes liability for debts and obligations?
• For post-2009 company formation, what is true regarding the memorandum for registration?
• What is legal professional privilege?
• Which of the following is an example of primary legislation?
• Which statement accurately describes civil cases?
• A board resolution is typically passed by what margin unless the Articles require unanimity?
• Which statement correctly reflects privity under modern law?
• If the Defence does not respond to an allegation at all, what happens?
• Which statement describes negative resolution procedure for delegated legislation?
• What are the three components of the Caparo test for imposing a duty of care?
• What is a key exception to the general limitation periods for civil claims?
• Which of the following are essential elements of an offer in contract formation?
• Which description best summarizes the main sources of UK law and their roles?
• What is occupier's liability and who is owed a duty?
• CPR 18 procedure is?
• What are the main elements of negligence?
• What is the primary purpose of a company's Articles of Association?
• What is the purpose of maintaining designated client accounts?
• What does a declaration of incompatibility mean under the Human Rights Act 1998?
• What is the duty of independence in the legal profession and how should a solicitor handle conflicts and third-party service providers?
• In cases where a claim is admitted as to liability but the amount is not specified, what will the court determine and when will the amount be decided?
• Which statement about compliance with laws in the SRA framework is true?
• What does the phrase ‘facts to be relied on’ refer to in a statement of case?
• Which misrepresentation remedies exist?
• Who may call a board meeting?
• Which is NOT a component of the Caparo test?
• What is the maximum percentage allowed for short notice consent if the company's Articles specify a higher percentage?
• Define duty of care in negligence.
• Who may sign a statement of truth as described in the authorization?
• What is vicarious liability?
• Which statement describes the function of statements of case in civil litigation?
• In a defence's response to the particulars of claim, which option is only relevant where the defendant does not know of the facts?
• What does ultra vires mean in relation to a company incorporated under the Companies Act 1985?
• What initiates civil proceedings?
• Product liability under modern regimes is typically.
• In counting time, does the day on which the period begins count toward the deadline?
• Vicarious liability arises when an employee's negligent acts occur under what circumstance?
• What is the relationship between partners within a partnership?
• When will a court set aside a judgment in default?
• What are the three types of misrepresentation and the typical remedy?
• Explain the difference between assignment of rights and novation of a contract.
• What must all statements of case contain?
• What does privity of contract mean, and how did the Contracts (Rights of Third Parties) Act 1999 modify it?
• Misrepresentation before forming a contract may be voidable. Which remedies may be available?
• How is a duty of care established in negligence?
• POC stands for what?
• Under the Companies Act 2006, how can a company limit its objects?
• To set aside a judgment in default, what must the defendant demonstrate?
• Which remedy is an order to quash or prohibit acts, beyond judicial review?
• What is judicial review and what are its main grounds?
• What is the general limitation period for contract and tort claims, and one key exception?
• Which remedy is sometimes used to restrain ongoing or threatened breaches of contract?
• Which statement best distinguishes fixtures from fittings?
• Which standard governs notice for a board meeting?
• What is the maximum percentage allowed for the short notice threshold if the Articles specify a higher percentage?
• What is an exclusion clause and what does the contra proferentem rule address?
• In breach of contract, when might specific performance be ordered?
• How is international law recognized domestically in England and Wales?
• If a judgment in default is correctly entered but the defendant disputes it, what may the judge do?
• Which item is not required to be included in a statement of case?
• For companies incorporated before 1 October 2009, which documents constitute their constitutional documents?
• When may client information be disclosed?
• Which of the following best defines primary legislation?
• Which statement distinguishes an offer from an invitation to treat?
• Which scenario describes the correct quorum for a single-member private company?
• CPR 18 usage should be?
• If a private company has two voting shareholders with equal holdings, can a short notice consent be valid if only one signs?
• Which statement best describes parliamentary sovereignty?
• What is the primary purpose of an acknowledgment of service?
• What is privity of contract and how has it been modified in modern law?
• Which concept provides permission to use land that does not grant an estate and can be revoked?
• What role does mediation play in civil disputes?
• Which statement about remedies for breach best describes the effect on the contract?
• If the claimant refuses or the defendant needs more time, what must be done?
• For companies incorporated after 1 October 2009, which documents constitute their constitutional documents?
• Under the private company's short notice procedure, what minimum percentage of the nominal value of voting shares must the consent form cover?
• Which of the following is an example of an easement?
• Which of the following statements is accurate about a general meeting quorum for a private company with a single member?
• What are the SRA Principles?
• Which statement best describes a leasehold interest?
• Which statement best describes the role of the SRA Principles?
• What minimum proportion of voting rights must be represented to demand a poll on a resolution under the Model Articles?
• Distinguish private nuisance from public nuisance.
• What is ratio decidendi?
• Example of a strict liability offense.
• In pre-incorporation contracts, who bears liability?
• Under the Companies Act 2006, what is the default status of a company's objects clause?
• What is occupiers' liability?
• For a board meeting to proceed under the Model Articles, the minimum quorum is how many directors?
• What is the role of equity in the UK legal system?
• Which concept describes ownership in fee simple?
• Which concept typically involves indefinite duration of land ownership?
• Which statement best describes the role of the courts in England and Wales?
• Which statement best describes the effect of res judicata?
• Which statement best describes an implied term?
• Under the Sale of Goods Act and the Consumer Rights Act, which statutory implied terms apply to goods?
• CPR 18 should not be used in which type of matters?
• If there is no response to the particulars of claim, what can the claimant apply for?
• Which of the following is a commonly implied term?
• Which statement most accurately describes a specified claim that is admitted?
• Manslaughter arises from which of the following?
• Which statement best describes contracts entered into before a company is incorporated?
• When the POC is deemed served, the defendant gets an additional how many days to respond?
• In criminal law, actus reus refers to:
• What is remoteness of damage in tort?
• What is the difference between murder and manslaughter?
• Which remedy best describes a declaratory relief in public-law remedies?
• What does the 'but-for' causation test state?
• What is ratio decidendi?
• Distinguish express terms from implied terms; how are statutory implied terms created (e.g., under SGA/CRA)?
• How are partnerships taxed?
• What characterizes an LLP?
• What does an affirmative resolution require for delegated legislation?
• What is the minimum number of directors required to form a quorum for board meetings under the Model Articles?
• What does legal professional privilege cover?
• When does the Partnership Act 1890 default code apply?
• Which court is responsible for final points of law on appeals in many cases?
• Acceptance is effective under contract law when it is unequivocal and communicated to the offeror. Which of the following statements correctly reflects this rule?
• In relation to torts, how is a partner's liability described?
• Why is ratio decidendi important?
• What best describes the distinction between an offer and an invitation to treat?
• Which statement about who may demand a poll vote under the Model Articles is NOT correct?
• Explain remoteness of damage and the foreseeability test.
• Which is NOT typically considered a main source of law in England and Wales?
• Which statement describes a license in property law?
• Obiter dicta in a judgment are best described as?
• Which statement about parliamentary sovereignty is correct?
• How should a solicitor manage conflicts of interest?
• In criminal law, mens rea refers to:
• Signing a statement of truth without honest belief may lead to?
• Which document is NOT typically included in a 'statement of case'?
• What does the Consumer Rights Act 2015 regulate regarding terms and consumer contracts?
• In a private company, what is the minimum quorum for a general meeting if there is only a single member?
• What are the requirements for a successful self-defence claim?
• Which statement lists the essential elements of a valid contract?
• Who is typically responsible for calling a general meeting?
• Explain discharge by frustration.
• What distinguishes attempt from mere preparation in criminal law?
• What could happen if a solicitor engages in professional misconduct?
• Which of the following is not a valid element of self-defence?
• What does a statement of truth declare?
• Distinguish negligence from nuisance.
• The last day of a time period is included unless the period ends on an event. Which option describes what this means?
• How should a solicitor respond to a conflict of interest?
• What is included in the purpose of statements of case?
• In calculating a notice period using 'clear days', what does it exclude?
• Which statement about the burden of proof in criminal law is correct?
• Under private company short notice, the minimum percentage of nominal voting value that must sign is 90%; options:
• Why are partnership agreements important?
• What are statements of case?
• Differentiate duress and undue influence in contract formation.
• Actus reus and mens rea.
• What is a feature of legal professional privilege?
• What is delegated legislation and how is it scrutinized by Parliament?
• Retained EU law is best described as?
• Overriding objective CPR 1.1 states what?
• Extrinsic aids in statutory interpretation and when may they be used?
• In a default judgment, which statement best describes a procedural judgment?
• If a defendant's self-defence claim is accepted, what is the likely outcome?
• What is the effect of not providing a statement of truth?
• What is summary judgment?
• If the defendant admits the amount claimed in a specified claim, what will the court do?
• Burden of proof in criminal trials.
• Common law is primarily developed by what mechanism?
• How is proportionality used in human rights analysis?
• What is the duty to the court in professional practice?
• Before the certificate of incorporation is issued, which statement is correct?
• Which statement best captures the essential element of partnership formation regarding intention?
• Which mental state is required for murder but not for manslaughter?
• What is consideration in contract law?
• What is frustration, and when does it discharge a contract?
• What is the duty of client care in legal practice?
• What is hearsay and what are the usual rules about its admissibility?
• What is the difference between binding and persuasive precedent, and how does it affect decisions?
• Remoteness of damage: which description best captures the requirement?
• If the deadline lands on a day when the court office is closed, the submission is timely if done on which day?
• In conflict management, when may a solicitor rely on waivers to consent?
• What are the rules around client money and client accounts?
• Which tort is typically strict liability?
• Which term is a right to use another person's land for a specific purpose, such as a right of way?
• What are the obligations regarding client confidentiality and data protection?
• What does 'clear days' mean in calculating notice periods for a general meeting?
• The 90% consent rule for short notice applies to which type of company?
• Which statement is NOT an extrinsic aid?
• A claim with a specified sum owed is called what?
• A judgment in default is triggered when which situation occurs?
• What is the minimum notice period for a general meeting?
• What are typical damages awarded in tort?
• What is the significance of a members agreement in an LLP?
• If a conflict of interest arises and informed consent cannot be obtained, what is the appropriate action?
• An unspecified claim is a claim where the claimant wishes a judgment to be made on amount due.
• How should a solicitor ensure competence and ongoing professional development?
• UK tort law on aggravated damages:
• What is the quorum for a general meeting of a company with more than one member?
• If a judgment in default is incorrectly entered, what should the court do?
• Explain murder and manslaughter difference.
• Who calls a general meeting?
• What are the consequences of disclosing client information without authority?
• What is the standard of proof in civil cases?
• Under the counting rules, if the deadline lands on a bank holiday, the submission is on time if made on the next open day.
• What are common remedies for breach of contract and when is specific performance appropriate?
• What is the purpose of pre-action protocols in civil disputes?
• Which statement is true about the upper limit for short notice consent threshold in private company articles?
• Res judicata means?
• Which statement best describes the formation of a traditional partnership?
• Which statement is accurate about 'clear days' for calculating notice periods?
• What does the Contracts (Rights of Third Parties) Act 1999 do?
• For periods of five days or less, how are weekends treated?
• The partnership form requires duties among partners that include loyalty and good faith to the partnership.
• Which of the following statements accurately distinguishes judicial review from an appeal against a public body decision?
• What mitigations may reduce murder to voluntary manslaughter?
• Which are core elements of the SRA's professional conduct framework?
• Which statement correctly distinguishes express terms from implied terms?
• What are the essential elements of defamation?
• What are the key elements of theft under the Theft Act 1968?
• Who may sign a statement of truth on behalf of a party?
• Describe the typical court hierarchy in England and Wales for civil and criminal matters.
• Which statement about client money is correct?
• What is the standard aim of damages in civil claims?
• In occupier's liability, what factors determine the standard of care?
• Which sequence correctly ranks the courts from highest to lowest in the English legal hierarchy?
• Which term describes a right to use land for a specific purpose, such as a right of way?
• What is vicarious liability and when can an employer be liable for an employee's negligence?
• What is contributory negligence and its effect on damages?
• What is adverse possession?
• Following an acknowledgment of service, the maximum extension by agreement is up to how many days?
• What categories of communications does legal professional privilege cover?
• In negligence, what is required to establish a duty of care?
• Which of the following is an example of secondary legislation?
• List common civil remedies and when each is appropriate.
• What distinguishes burglary from robbery?