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Application of Legal Principles and Rules

The following illustrations of the range of question style used to test the FLK are not intended to be exhaustive:

  1. A question may require the candidate to both identify and apply a fundamental legal principle or rule.
  2. A question may identify the relevant legal principle or rule and require the candidate to identify how it should be properly applied, and/or the outcome of that proper application.
  3. A candidate may be required to demonstrate that they understand whether a client can legally achieve a desired outcome and offer appropriate explanatory advice.
  4. Where the legal result of a client’s action is already established by the question, the candidate may be required to identify why the application of a legal principle or rule produces that result in law and/or what the relevant legal principle or rule is.
  5. A question may require a candidate to perform a calculation by applying rules, rates, percentages, and thresholds to identify a correct figure. For questions on taxation, candidates will be expected to remember certain thresholds and rates of tax and to be aware of the availability of certain reliefs and exemptions where these have been part of the UK tax system for a considerable period. However, within the UK tax system, many rates and thresholds and some exemptions and reliefs are subject to adjustment, introductions or removal by successive Budgets, and for those, the figures required to work out an answer to any tax calculation would normally be provided.

LEGAL AUTHORITIES

On occasion in legal practice a case name or statutory provision, for example, is the term normally used to describe a legal principle or an area of law, or a rule or procedural step (eg Rylands v Fletcher, CPR Part 36, Section 25 Notice). In such circumstances, candidates are required to know and be able to use case names, statutory provisions, etc in all other circumstances candidates are not required to recall specific case names, or cite statutory or regulatory authorities.

SUBJECT MATTER

The FLK assessments for SQ1 will sample from the content indicated in this assessment specification.

ETHICS and PROFESSIONAL CONDUCT

Candidates are required to demonstrate their ability to act honestly and with integrity, and in accordance with the SRA standards and Regulations as follows:-

  • The purpose, scope and content of the SRA principles.
  • The purpose, scope and content of the:
    • SRA Code of Conduct for Solicitors, RELs and RFLs.
    • SRA Code of Conduct for firms in relation to:
      • managers in authorised firms
      • compliance officers

Together referred to as the CODE OF CONDUCT.

Ethics and professional conduct will be examined pervasively across all subject areas.

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