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Single Best Answer Scoring in SQE1: FLK1 and FLK2 Distractor Traps

CELE SQE Team
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July 31, 2026
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10 min read
Single Best Answer Scoring in SQE1: FLK1 and FLK2 Distractor Traps
How SQE1 Single Best Answer questions are actually scored, plus the distractor patterns that cost FLK1 and FLK2 candidates marks on exam day.

A candidate emailed us in June with a screenshot of her mock report. Score: 58%. Her note read: "I knew the law on almost every question I got wrong. I narrowed it down to two options and picked the wrong one, over and over." That is the single most common message we receive at CELE SQE, and it tells you something important — her problem was not knowledge. It was the way she was reading the question and the way she assumed marks were awarded.

So let's take the machinery apart. How is a Single Best Answer question actually scored on SQE1, and what exactly are the examiners doing when they write those four wrong options?

How SQE1 Single Best Answer questions are marked

SQE1 consists of two papers. FLK1 and FLK2 each contain 180 Single Best Answer multiple choice questions, and you get 5 hours 20 minutes for each paper (split into two sittings on the day, with a break). Every question carries the same weight: one mark. There is no partial credit, no bonus for a "nearly right" answer, and — this matters enormously — no negative marking.

Read that last point again. A blank answer and a wrong answer score identically: zero. So there is never a rational reason to leave a question unanswered. If the clock is at four minutes and you have six questions untouched, click something on all six. A one-in-five guess on six questions will, on average, hand you a mark you would otherwise have thrown away.

The pass mark is not a fixed percentage carved in stone. Per the latest SRA specification, the standard for each sitting is set through a formal standard-setting exercise carried out by assessors, so that a slightly harder paper does not unfairly punish the cohort that sat it. What that means practically: stop chasing a magic number you heard on a forum. Chase competence across all thirteen subjects.

Do the timing arithmetic once and never forget it: 320 minutes divided by 180 questions is roughly 1 minute 46 seconds per question. Some will take you 40 seconds. Some will take three minutes. The average is what kills people.

What "best" answer really means — and why two options can both be true

Here is the conceptual shift most candidates never make. The question does not ask which option is correct. It asks which is best. In a well-written SBA item, more than one option may contain an accurate statement of law. Only one of them answers the precise question that was asked, on the precise facts given.

Distractors are not random. They are engineered, and after enough practice you start to recognise the factory settings:

Right rule, wrong facts. The option states a perfectly good legal principle that simply does not bite on this scenario. Classic in Tort: an option recites the Caparo Industries plc v Dickman three-stage test for a novel duty situation, when the facts are a bog-standard road traffic collision where duty is established and, following Robinson v Chief Constable of West Yorkshire Police, you do not go trawling through incremental analysis at all.

Right outcome, wrong reason. Two options say "the claim will succeed". One gives the correct legal route; the other gives a route that would not work on these facts. If the question asks "why", the reasoning is the answer. Contract questions do this constantly — a statement made before the contract that induced entry is a misrepresentation, not a breach of a term, and picking the "breach" option because the client still gets a remedy loses you the mark.

Absolutes. Options containing "always", "must in every case", "never" are frequently wrong, because English law is stuffed with exceptions. Not a guarantee — just a reason to look twice.

Wrong party, wrong time, wrong court. The law is right; the option applies it to the buyer instead of the seller, or to the wrong limitation period, or sends the claim to the wrong track. Under the Limitation Act 1980, a simple contract claim runs for six years from breach (s 5), a general tort claim six years from damage (s 2), but personal injury is three years (s 11). Examiners love that gap.

FLK1 traps: Contract, Tort, Business Law and Dispute Resolution

In Business Law and Practice, the recurring trap is authority. Under s 5 of the Partnership Act 1890, a partner binds the firm when acting in the ordinary course of the partnership's business — unless the partner had no authority and the third party either knew that or did not know or believe them to be a partner. Distractors habitually give you one limb and drop the other. Similarly, s 24 sets out default rules (equal profit shares, for instance) that apply only where the partnership agreement is silent. If the facts hand you an agreement clause, the default is irrelevant, and the option quoting it is a trap for the candidate who pattern-matched on "partnership".

Tort questions frequently separate duty, breach and causation into different answer options and then ask which element is the weakest link. If the scenario gives you an obvious duty (employer to employee, driver to road user, and yes, Donoghue v Stevenson for manufacturer to consumer) but a shaky factual chain, the answer lives in causation. Read the final sentence before you read the facts and you will spot which element is under attack.

Dispute Resolution punishes vagueness about procedure. Part 36 offers, track allocation, the consequences of failing to file a directions questionnaire — these are rule-driven, and the "best" answer is usually the most procedurally specific one that fits the timeline given. If a date appears in the scenario, it is there for a reason. Nobody puts a date in an SBA question by accident.

FLK2 traps: Land Law, Wills, Solicitor Accounts and Criminal Practice

Land Law traps almost always turn on registration and priority. Section 1(1) of the Law of Property Act 1925 limits legal estates to the fee simple absolute in possession and the term of years absolute; everything else is equitable, and the consequences of that distinction ripple through every priority question. Then, for a registered disposition for valuable consideration, you are asking whether an interest is protected by entry on the register or falls within the overriding interests in Schedule 3 to the Land Registration Act 2002. Distractors often give you the right answer under the unregistered system. Check which system you are in before you do anything else.

Wills questions lean hard on s 9 of the Wills Act 1837 — writing, signature, intention to give effect, two witnesses present at the same time, each attesting. Miss one limb and the will is not validly executed, which pushes you into intestacy and a completely different set of options. The trap is that the invalid-execution option and the intestacy-distribution option are both "correct"; only one answers the question asked.

Solicitor Accounts is the subject where candidates lose marks on arithmetic rather than principle. The SRA Accounts Rules require client money to be kept separate and paid promptly into a client account, and breaches must be corrected promptly. Where an SBA question gives you a ledger extract, work the entries on your laminated board rather than in your head. A single misplaced debit turns a known answer into a guess.

In Criminal Practice, watch the interaction between powers and safeguards. A constable's power of arrest without warrant under s 24 of the Police and Criminal Evidence Act 1984 requires both a ground relating to the offence and reasonable grounds for believing arrest is necessary. Options that satisfy only the first limb look extremely convincing at 4pm on a five-hour paper.

A repeatable method for every SBA question

Method beats instinct when you are tired. Here is the sequence we drill with our students:

  1. Read the call of the question first — that last line beginning "Which of the following…". Now you know what you are hunting for.
  2. Read the facts and mentally tag the legally significant details: dates, capacities, whether title is registered, whether an agreement exists, who paid what to whom.
  3. Form your own answer before looking at the options. This is the step everyone skips and it is the step that protects you from being led.
  4. Eliminate on a stated reason. Not "feels wrong" — say silently, "wrong because it applies the unregistered rules". If you cannot articulate a reason, do not eliminate.
  5. If two survive, ask what makes them different. There is always exactly one difference that matters. Find it, and the fact pattern will tell you which side of it you are on.
  6. Answer. Flag if genuinely unsure. Move on. Never leave the screen blank.

On changing answers: the evidence from testing generally is that considered changes, made because you spotted something you had misread, tend to help. Panic changes made in the final ten minutes tend to hurt. Change your answer when you have a reason, not when you have a feeling.

Turn your mocks into a diagnosis, not a score

Doing 2,000 practice questions and only recording the percentage is close to useless. Build an error log with three columns: the question, why the right answer was right, and — the crucial one — which trap type caught you. After a hundred entries you will see your personal pattern. Some candidates always fall for right-rule-wrong-facts. Others consistently misread the call of the question. Once you know your pattern, you can build a check for it.

Ask yourself after every wrong answer: was this a knowledge gap, a reading gap, or a timing gap? The remedy is completely different for each. Re-reading a textbook will not fix a reading gap.

One last thought. Both papers are long, and accuracy in hour five is a different skill from accuracy in hour one. Practise in full-length blocks at least a few times before the real thing, ideally at the same time of day as your booked sitting. Stamina is trainable. Most people simply never train it.

How CELE SQE can help

We have been teaching SQE candidates since the very first sitting in 2021, and our courses cover all 13 subjects across FLK1 and FLK2 with the question analysis built in — not bolted on. The SQE1 Long-term Course is £3,720, the Mid-term Course £2,750 and the Short-term Course £1,750, with single-FLK options at half those prices and £150 off for early-bird or within-three-months-of-exam bookings. If you mainly need volume and feedback, the SQE1 Question Bank subscription is £575 per month, and textbooks are £950 for the full set or £570 for a single FLK set. Questions about which fits your timeline? WeChat SQE100, email [email protected], or have a look at celebar.com — no pressure either way.

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