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FLK1: Functioning Legal Knowledge 1

Prepare for FLK1: Functioning Legal Knowledge 1 with SQE1 MCQ practice questions covering 58 topics. Build your knowledge, track your progress, and study effectively with Go SQE1.

Questions
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Topics
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What’s in it.

6 units

Sample questions

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A few questions from this module, with the answer and a full explanation. The complete bank is available when you start practising.

  1. What role does the local council play in the procedure for prohibiting public processions under section 13 POA 1986?

    • The local council provides funding for policing the procession but has no power to prohibit it
    • The local council may only recommend that the chief officer of police consider applying for a prohibition
    • The local council decides whether to approve the prohibition without any involvement from the Home Secretary
    • The local council must make the prohibition order on the application of the chief officer of police, subject to confirmation by the Home Secretary
      Correct answer
    Explanation

    Under section 13, the local council makes the prohibition order on the application of the chief officer of police. The order must then be confirmed by the Home Secretary before it takes effect. This two-stage process ensures democratic oversight: the locally elected council and the national government (through the Home Secretary) are both involved in the decision to prohibit processions.

  2. What is the primary role of a mediator in the mediation process?

    • To impose a settlement on the parties if they cannot agree
    • To advise each party on the legal merits of their case
    • To prepare a written judgment that can be enforced through the courts
    • To facilitate negotiation between the parties and help them reach a mutually acceptable settlement
      Correct answer
    Explanation

    The mediator's role is to facilitate negotiation between the parties and assist them in reaching a settlement. The mediator does not make a binding decision, does not advise the parties on the legal merits (that is the role of each party's solicitor), does not impose a settlement, and does not prepare a judgment. The mediator may meet with parties jointly and in private sessions (caucuses) to explore options for resolution.

  3. A supplier commits a repudiatory breach of contract. The buyer decides to affirm the contract rather than terminate it. Three months later, the buyer changes their mind and wishes to terminate. Which of the following correctly states the legal position?

    • Affirmation is not binding on the buyer, who remains free to elect to terminate the contract at any later date without further breach.
    • By affirming the contract, the buyer has lost the right to terminate for that particular breach and remains bound by the contract, though they can still claim damages for the breach
      Correct answer
    • The buyer can change their mind and terminate the contract at a later date, provided they give the supplier reasonable advance notice.
    • The buyer can terminate at any time within six months of the breach, provided they give written notice to the supplier.
    Explanation

    Once the innocent party affirms the contract following a repudiatory breach, they lose the right to terminate for that breach. Affirmation is a binding election. The buyer remains bound by the contract and must be ready and willing to perform their own obligations (White and Carter v McGregor [1962]). However, the right to claim damages for the breach is preserved, and if a new repudiatory breach occurs, a fresh right of election arises.