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

Florida Statutes § 768.72 requires clear and convincing evidence that the defendant engaged in intentional misconduct or gross negligence to recover punitive damages.

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

Under New York Times v. Sullivan, adopted in Florida, public figures must prove actual malice — knowledge of falsity or reckless disregard for the truth.

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

Florida Statutes § 776.012 codifies the Stand Your Ground law, providing immunity from civil liability when deadly force is lawfully used in self-defense.

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

In North Broward Hospital District v. Kalitan (2017), the Florida Supreme Court struck down the non-economic damages cap in medical malpractice cases as unconstitutional.

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

Florida's economic loss rule bars tort recovery for purely economic losses absent an independent tort duty existing separately from the contractual obligations.

FBBE - Florida Board of Bar Examiners Practice Test

FBBE - Florida Board of Bar Examiners Practice Test

FBBE FBBE Florida Tort Law 2