FBBE FBBE Florida Tort Law 2

Question 1

Under Florida law, what is required for a plaintiff to recover punitive damages in a tort action?

Accepted Answer

Clear and convincing evidence of intentional misconduct or gross negligence

Answer

Proof of simple negligence

Answer

Preponderance of evidence of any harm

Answer

Proof beyond a reasonable doubt

Question 2

In a Florida defamation case involving a public figure, what standard of fault must the plaintiff prove?

Accepted Answer

Actual malice (knowledge of falsity or reckless disregard for truth)

Answer

Negligence

Answer

Strict liability

Answer

Gross negligence

Question 3

Which Florida statute provides immunity from civil liability for individuals who use deadly force in self-defense without a duty to retreat?

Accepted Answer

§ 776.012

Answer

§ 776.013

Answer

§ 790.06

Answer

§ 784.045

Question 4

What is the Florida cap on non-economic damages in medical malpractice cases involving a practitioner's negligence (non-catastrophic injury)?

Accepted Answer

No cap — struck down as unconstitutional

Answer

$500,000

Answer

$250,000

Answer

$1,000,000

Question 5

Under Florida's economic loss rule, a plaintiff in a contract dispute generally cannot recover tort damages for purely economic losses unless:

Accepted Answer

There is an independent tort or duty existing outside the contract

Answer

The contract involves over $10,000

Answer

The plaintiff also suffered physical injury

Answer

The defendant is a licensed professional

Question 6

In Florida, which element is NOT required to establish intentional infliction of emotional distress (IIED)?

Accepted Answer

Physical impact or injury

Answer

Extreme and outrageous conduct

Answer

Intent or recklessness

Answer

Severe emotional distress causally linked to the conduct