Florida Bar Examination — Questions and Answers

Question 1: Under Florida Evidence Code § 90.612, how may a party impeach a witness using a prior inconsistent statement?

The witness must be given an opportunity to explain or deny the prior statement (Correct answer)
Prior inconsistent statements are never admissible in Florida
The prior statement is automatically substantive evidence
The prior statement may be admitted without first confronting the witness

Correct answer: The witness must be given an opportunity to explain or deny the prior statement

Florida § 90.614 requires that before a prior inconsistent statement is introduced, the witness must be given an opportunity to explain or deny it.

Question 2: Have you ever been requested, formally or informally, to resign from or terminate employment?

No, I have never been requested to resign from or terminate my employment. (Correct answer)
Yes, I was asked to resign or terminate my employment, and I complied with the request.
Yes, I was requested to resign from my position, but I chose to remain employed.
I was informally encouraged to resign, but I left voluntarily for other reasons.

Correct answer: No, I have never been requested to resign from or terminate my employment.

This question assesses an applicant's professional conduct and reliability in employment settings, which are relevant to their character and fitness for the legal profession. A 'No' answer indicates a clean employment history free from involuntary termination requests, suggesting stable and satisfactory professional relationships. Any 'Yes' answer would necessitate a detailed explanation of the circumstances, as it could raise concerns about professional judgment.

Question 3: In Florida, which standard applies to determine whether a business owner owed a duty of care to an invitee who was injured on the premises?

No duty owed to invitees
Licensee standard
Willful and wanton conduct only
Reasonable care under all circumstances (Correct answer)

Correct answer: Reasonable care under all circumstances

Florida premises liability law requires that business owners exercise reasonable care to maintain safe conditions for invitees.

Question 4: Under Florida's Stand Your Ground immunity, when must a court hold a pretrial immunity hearing?

Automatically in all self-defense cases
Only when requested by the prosecution
Only in capital cases
Upon motion by the defendant asserting immunity under § 776.032 (Correct answer)

Correct answer: Upon motion by the defendant asserting immunity under § 776.032

Under § 776.032 and Dennis v. State, the defendant must file a motion asserting Stand Your Ground immunity, after which the court must hold a pretrial evidentiary hearing.

Question 5: An attorney represents a client in a complex civil litigation matter. During a deposition, the client knowingly makes a false statement about a material fact. The attorney realizes the statement is false immediately after the client makes it, as it contradicts documents the client previously provided. What is the attorney's primary duty under the Florida Rules of Professional Conduct?

To take reasonable remedial measures, which includes first urging the client to correct the false statement. (Correct answer)
To immediately inform the opposing counsel and the court reporter that the client has committed perjury.
To immediately withdraw from the representation without disclosing the reason to the court or opposing counsel.
To protect client confidentiality above all else and address the matter privately with the client after the deposition concludes.

Correct answer: To take reasonable remedial measures, which includes first urging the client to correct the false statement.

Under Florida Rule of Professional Conduct 4-3.3, a lawyer has a duty of candor toward the tribunal. If a lawyer knows that their client has offered material evidence that is false, the lawyer must take reasonable remedial measures. This duty applies to ancillary proceedings like depositions. The first step is typically to remonstrate with the client and urge them to correct the false testimony. If the client refuses, the lawyer's duty of candor may require disclosure to the tribunal, even if it means revealing confidential information. Simply withdrawing or staying silent is insufficient to remedy the fraud on the court.

Question 6: Has any charge or complaint, formal or informal, ever been made or filed or proceedings instituted against you by any employer?

I was informally advised about my performance, but no formal complaint was ever filed.
Yes, I had an informal complaint made against me, but it was resolved without any formal action.
No, I have never had any charges or complaints made against me by any employer. (Correct answer)
Yes, I faced formal charges from my employer, which resulted in disciplinary action.

Correct answer: No, I have never had any charges or complaints made against me by any employer.

This question aims to uncover any history of workplace misconduct or disputes that might reflect on an applicant's character and fitness. A 'No' answer signifies a clear employment record without formal or informal complaints from employers, indicating a history of professional conduct. Full disclosure is required for any 'Yes' answer, with supporting details, as honesty about past issues is crucial for bar admission.

Question 7: Under Florida Evidence Code § 90.404, evidence of a defendant's prior bad acts may be admitted for which of the following purposes?

To prove motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake (Correct answer)
Only when the defendant opens the door
To impeach the defendant's credibility as a matter of course
To show propensity to commit the charged crime

Correct answer: To prove motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake

Florida § 90.404(2) permits prior bad act evidence only for specific non-propensity purposes such as motive, intent, plan, knowledge, or identity, not to show character or propensity.

Question 8: Under Florida law, robbery is distinguished from theft by what additional element?

The use of a deadly weapon
The value of the property exceeds $750
The victim is a financial institution
The use of force, violence, assault, or putting in fear during the taking (Correct answer)

Correct answer: The use of force, violence, assault, or putting in fear during the taking

Florida Statutes § 812.13 defines robbery as taking property from another by force, violence, assault, or putting in fear — the force element distinguishes it from theft.

Question 9: Under Florida law, what is the 'impact rule' in the context of negligent infliction of emotional distress?

Plaintiff can always recover for emotional distress alone
Emotional distress claims are barred in Florida
Plaintiff must prove physical impact caused by defendant's negligence before recovering for emotional distress (Correct answer)
Only family members may recover for emotional distress

Correct answer: Plaintiff must prove physical impact caused by defendant's negligence before recovering for emotional distress

Florida's impact rule generally requires that a plaintiff suffer a physical impact resulting from the defendant's negligence before recovering for emotional distress damages.

Question 10: Florida's child support guidelines are calculated based primarily on:

The combined net income of both parents (Correct answer)
The income of the higher-earning parent only
The custodial parent's documented monthly expenses
The number of children multiplied by a flat statutory rate

Correct answer: The combined net income of both parents

Florida uses the income shares model, which considers the combined net income of both parents to determine the appropriate amount of child support.

Question 11: A Florida resident owns a one-acre parcel of land located entirely within the city limits of Miami. The resident's home is situated on the property, which they claim as their homestead for creditor protection purposes. A creditor obtains a judgment against the resident for an unpaid credit card debt. Which of the following accurately describes the extent of homestead protection the resident has from this judgment creditor?

Protection is limited to a monetary value of $50,000, regardless of the acreage.
The property is not protected because homestead protection does not apply to debts incurred within a municipality.
Only one-half acre of the contiguous land, including the residence, is exempt from forced sale. (Correct answer)
The entire one-acre parcel is exempt because the home is located on it.

Correct answer: Only one-half acre of the contiguous land, including the residence, is exempt from forced sale.

Article X, Section 4 of the Florida Constitution provides that homestead property located within a municipality is protected from forced sale by creditors to the extent of one-half acre of contiguous land. Since the resident's property is one full acre within city limits, only one-half acre is protected. The remaining half-acre can be subject to forced sale to satisfy the judgment. The protection is based on acreage within a municipality, not the total size of the parcel or a specific monetary value for creditor purposes.

Question 12: Under Florida's wrongful death statute, who may recover damages for the decedent's pain and suffering prior to death?

Any heir at law
No one — pain and suffering damages do not survive death in Florida
The decedent's estate (Correct answer)
Only the surviving spouse

Correct answer: The decedent's estate

Under Florida Statutes § 768.21, the decedent's estate may recover for the decedent's pain and suffering experienced between injury and death.

Question 13: Under Florida law, when is the crime of conspiracy complete?

When any preparation for the crime begins
When two or more persons agree to commit an offense and one commits an overt act in furtherance (Correct answer)
When the crime itself is committed
When one person forms the intent to commit a crime

Correct answer: When two or more persons agree to commit an offense and one commits an overt act in furtherance

Florida Statutes § 777.04(3) provides that conspiracy is complete upon agreement between two or more persons plus an overt act by any one of them in furtherance of the agreement.

Question 14: Under Florida's principal liability statute, when is a person criminally liable for the acts of another?

Only for misdemeanor offenses
Only when they physically commit the act
When they aid, abet, counsel, hire, or procure another to commit the offense (Correct answer)
Only when a written agreement exists

Correct answer: When they aid, abet, counsel, hire, or procure another to commit the offense

Florida Statutes § 777.011 makes any person who aids, abets, counsels, hires, or procures another to commit a crime equally guilty as a principal in the first degree.

Question 15: What is the maximum sentence for a second-degree misdemeanor in Florida?

1 year
30 days
6 months
60 days (Correct answer)

Correct answer: 60 days

Florida Statutes § 775.082(4)(b) caps the sentence for a second-degree misdemeanor at 60 days in county jail.

Question 16: A guardian ad litem appointed in a Florida family law proceeding has the primary duty to represent:

The best interests of the minor child (Correct answer)
The petitioning spouse's parenting interests
The Department of Children and Families in neglect cases
The court's need for neutral factual information

Correct answer: The best interests of the minor child

A guardian ad litem is an independent advocate whose role is solely to represent the best interests of the minor child, not either parent.

Question 17: Have you ever been accused of a violation of an honor code or student conduct code, warned, placed on academic, scholastic or disciplinary probation, suspended, requested or advised to discontinue your studies, dropped, expelled or requested to resign or otherwise subjected to discipline by any college, law school or other post‐secondary institution?

Yes, I have been accused or subjected to disciplinary action.
No, I have never faced any accusations or disciplinary actions. (Correct answer)
I was placed on probation but completed my studies without further issues.
I was warned but not formally disciplined.

Correct answer: No, I have never faced any accusations or disciplinary actions.

This question is part of the character and fitness application for the bar, which assesses an applicant's integrity and suitability to practice law. The correct answer for an applicant who has maintained a clean academic and disciplinary record is to truthfully state that they have never faced such issues. Any 'Yes' answer would require detailed explanation and documentation, as honesty and adherence to rules are paramount for attorneys.

Question 18: Under Florida's Domestic Violence Act, a temporary injunction for protection against domestic violence may be issued:

Ex parte, without notice to the respondent, based on the petitioner's sworn allegations (Correct answer)
Only after a noticed hearing with both parties present
Only if the parties share a child or are currently married
Only if law enforcement has previously arrested the respondent

Correct answer: Ex parte, without notice to the respondent, based on the petitioner's sworn allegations

Florida courts may issue a temporary injunction ex parte — without prior notice to the respondent — if the petition demonstrates an immediate and present danger of domestic violence.

Question 19: What is the primary purpose of the Performance Test in the Florida Bar Examination?

To test memorization of statutes
To assess knowledge of legal theory
To measure analytical reasoning skills
To evaluate practical lawyering skills (Correct answer)

Correct answer: To evaluate practical lawyering skills

The Performance Test (PT) is designed to simulate real-world legal tasks that a newly admitted attorney might encounter. It assesses an applicant's ability to analyze a factual problem, identify legal issues, apply relevant legal authority, and communicate a solution in a professional format. This goes beyond mere knowledge recall, focusing on the practical application of legal skills essential for practicing law.

Question 20: In a timely post-trial motion, Defendant argued for the first time that the trial court lacked subject matter jurisdiction over the case. What action should the court take?

Refuse to entertain the motion, because Defendant did not raise lack of subject matter jurisdiction at trial.
Entertain the motion, because Defendant can assert lack of subject matter jurisdiction as long as it is raised within 10 days of the judgment.
Refuse to entertain the motion, because Defendant did not raise lack of subject matter jurisdiction in its answer.
Entertain the motion, because Defendant can assert lack of subject matter jurisdiction at any time. (Correct answer)

Correct answer: Entertain the motion, because Defendant can assert lack of subject matter jurisdiction at any time.

The court must address jurisdictional issues even if they are raised for the first time after trial, as the existence of jurisdiction is a prerequisite for any ruling on the merits.

Question 21: Under Florida law, which privilege protects confidential communications between a patient and their psychotherapist?

Attorney-client privilege
Work product doctrine
Spousal privilege
Psychotherapist-patient privilege under § 90.503 (Correct answer)

Correct answer: Psychotherapist-patient privilege under § 90.503

Florida § 90.503 establishes the psychotherapist-patient privilege protecting confidential communications in the course of diagnosis or treatment of a mental or emotional condition.

Question 22: A property owner conveys a parcel of land in Florida to Grantee A by deed on March 1st. Grantee A does not record the deed. On March 15th, the same property owner conveys the same parcel of land to Grantee B, who pays fair market value and has no knowledge of the prior conveyance to Grantee A. On March 20th, Grantee A records her deed. On March 25th, Grantee B records his deed. Who has superior title to the property?

The property owner, because the conflicting conveyances render both deeds void.
Grantee A, because her conveyance was first in time.
Grantee A, because she recorded her deed first.
Grantee B, because he was a subsequent bona fide purchaser for value without notice. (Correct answer)

Correct answer: Grantee B, because he was a subsequent bona fide purchaser for value without notice.

Florida is a "notice" jurisdiction. Florida Statute § 695.01 provides that an unrecorded conveyance is invalid against a subsequent purchaser for a valuable consideration and without notice. Grantee B is a bona fide purchaser (BFP) because he paid value and had no notice of the prior deed to Grantee A at the time of his conveyance. In a notice jurisdiction, a subsequent BFP prevails over a prior unrecorded interest, regardless of who records first. Since Grantee B had no notice when he purchased the property, he has superior title.

Question 23: What is a key factor in evaluating a Performance Test response?

Adherence to legal writing conventions (Correct answer)
Creativity in legal argument
Length of the response
Use of complex legal jargon

Correct answer: Adherence to legal writing conventions

A key aspect of practical lawyering skills, which the Performance Test evaluates, is the ability to communicate effectively and professionally. Adherence to legal writing conventions, such as clear organization, proper citation, professional tone, and logical flow, demonstrates an applicant's readiness to produce competent legal documents. This ensures the legal analysis is presented persuasively and understandably to the intended audience.

Question 24: The Florida Legislature passes a statute creating a 'Legislative Veto Committee,' composed of six state representatives and six state senators. The statute grants this committee the power to nullify any rule promulgated by an executive branch agency if the committee deems the rule to be an overreach of the agency's statutory authority. An executive agency, whose rule was nullified by the committee, challenges the statute. What is the most likely outcome?

The statute is constitutional as a valid delegation of legislative power.
The statute is unconstitutional because it lacks a sufficiently clear standard for the committee to apply.
The statute is constitutional because the legislature has inherent authority to oversee the executive branch.
The statute is unconstitutional as it violates the separation of powers doctrine. (Correct answer)

Correct answer: The statute is unconstitutional as it violates the separation of powers doctrine.

The Florida Constitution, under Article II, Section 3, explicitly divides governmental powers into the legislative, executive, and judicial branches and prohibits a person from one branch from exercising powers of another. While the legislature can delegate rulemaking authority to an executive agency, it cannot retain the power to unilaterally veto those rules outside of the proper legislative process (i.e., passing a new law). A 'legislative veto' is an unconstitutional encroachment on the executive branch's power to execute the laws, thereby violating the separation of powers.

Question 25: Under Florida law, which statement accurately distinguishes 'parental responsibility' from 'time-sharing'?

Parental responsibility refers to physical custody, while time-sharing refers to legal decision-making authority
Time-sharing is only applicable to children born outside of marriage
Parental responsibility refers to decision-making authority over major life issues, while time-sharing refers to the schedule of physical time spent with each parent (Correct answer)
Both terms are synonymous and used interchangeably in the Florida Statutes

Correct answer: Parental responsibility refers to decision-making authority over major life issues, while time-sharing refers to the schedule of physical time spent with each parent

Under Florida law, parental responsibility addresses major decision-making for the child (education, health, religion), while time-sharing governs the physical schedule specifying when the child is with each parent.

Question 26: Which of the following is NOT a valid method for proposing an amendment to the Florida Constitution?

An executive order by the Governor, subsequently ratified by a simple majority of the legislature. (Correct answer)
A citizen initiative petition signed by a number of electors equal to 8% of the votes cast in the last presidential election, from at least half of the congressional districts.
A proposal by the Constitution Revision Commission, which convenes every 20 years.
A joint resolution by a three-fifths vote of the membership of each house of the legislature.

Correct answer: An executive order by the Governor, subsequently ratified by a simple majority of the legislature.

Article XI of the Florida Constitution outlines the five methods for proposing amendments: (1) Legislative Joint Resolution, (2) Constitutional Convention, (3) Citizen Initiative, (4) Constitution Revision Commission, and (5) Taxation and Budget Reform Commission. The Governor has no power to propose constitutional amendments via executive order; this would violate the separation of powers doctrine.

Question 27: A partner in a Florida general partnership that owns and operates a chain of coffee shops signs a contract to purchase a high-end commercial espresso machine from a vendor. The partnership agreement requires a unanimous vote for any purchase over $10,000, and this machine costs $15,000. The vendor was not aware of this internal restriction. Is the partnership bound by the contract?

No, because the vendor had a duty to inquire about the partner's authority for such a large purchase.
Yes, because buying coffee equipment is apparently for carrying on in the ordinary course of the partnership's business. (Correct answer)
Yes, but only if the other partners later ratify the contract.
No, because the partner lacked actual authority to make the purchase.

Correct answer: Yes, because buying coffee equipment is apparently for carrying on in the ordinary course of the partnership's business.

Each partner is an agent of the partnership. Under FRUPA, an act of a partner for 'apparently carrying on in the ordinary course the partnership business' binds the partnership. Purchasing an espresso machine is clearly in the ordinary course of business for a coffee shop. The partnership is bound by the partner's apparent authority unless the partner had no actual authority AND the third party knew or had received a notification of the lack of authority. Since the vendor was unaware of the internal restriction, the partnership is bound.

Question 28: Under Florida law, what is required for a plaintiff to recover punitive damages in a tort action?

Preponderance of evidence of any harm
Proof beyond a reasonable doubt
Clear and convincing evidence of intentional misconduct or gross negligence (Correct answer)
Proof of simple negligence

Correct answer: Clear and convincing evidence of intentional misconduct or gross negligence

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

Question 29: A member and manager of a Florida LLC consistently uses the LLC's bank account to pay for personal expenses, including vacations, groceries, and car payments, without documenting them as loans or distributions. A business creditor obtains a judgment against the LLC that the LLC cannot pay. The creditor sues the member personally. To prevail and 'pierce the veil,' what must the creditor prove?

Only that the member commingled personal and business funds.
That the member dominated the LLC to the point it was a mere alter ego, and that this was done for an improper purpose which caused the creditor's loss. (Correct answer)
Only that the LLC was undercapitalized from its inception.
That the LLC failed to hold and document annual meetings.

Correct answer: That the member dominated the LLC to the point it was a mere alter ego, and that this was done for an improper purpose which caused the creditor's loss.

Florida courts apply a strict, two-prong test to pierce the corporate or LLC veil. The plaintiff must show that: (1) the entity was a 'mere instrumentality' or 'alter ego' of its owner (which can be evidenced by commingling funds or ignoring formalities), AND (2) the owner used the entity for some fraudulent or 'improper conduct.' Merely commingling funds or being undercapitalized is not enough; the plaintiff must connect this control to an improper purpose, such as defrauding creditors or evading obligations, that resulted in harm.

Question 30: A lawyer represented a real estate development company for two years, advising them on zoning regulations for a large commercial project. The representation ended amicably. One year later, a homeowners' association (HOA) asks the same lawyer to represent them in a lawsuit against the development company, alleging that the company's construction methods on that same project violated local ordinances and created a nuisance. What is the lawyer's ethical obligation?

The lawyer must decline the representation because a lawyer may never represent a new client against a former client.
The lawyer may accept the representation of the HOA without consulting the former client because the prior work was transactional (zoning) and the new matter is litigation (nuisance).
The lawyer may accept the representation of the HOA as long as one full year has passed since the prior representation ended.
The lawyer may only accept the representation of the HOA if the development company gives informed consent, confirmed in writing. (Correct answer)

Correct answer: The lawyer may only accept the representation of the HOA if the development company gives informed consent, confirmed in writing.

Under Florida Rule of Professional Conduct 4-1.9, a lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client. Here, the matters are substantially related as they both involve the same commercial project. The HOA's interests are materially adverse to the developer's. Therefore, the lawyer is prohibited from taking the case unless the former client (the development company) gives informed consent, confirmed in writing.

Question 31: Within the past 5 years, have you been delinquent by more than 90 days in the payment of any tax, credit obligation, judgment, or other indebtedness?

No, I have never been delinquent by more than 90 days on any tax, credit obligation, judgment, or other indebtedness. (Correct answer)
Yes, I was delinquent on my property taxes for more than 90 days, but I have since paid them.
This choice indicates a significant delinquency, which may require disclosure. While it has been resolved, it could raise concerns about the applicant's financial responsibility.
No, I have been timely with all my payments, but I have had some late payments that were less than 90 days.

Correct answer: No, I have never been delinquent by more than 90 days on any tax, credit obligation, judgment, or other indebtedness.

Financial responsibility is a key component of character and fitness for the bar, as it reflects an applicant's trustworthiness and ability to manage obligations. Being delinquent by more than 90 days on significant debts indicates a potential lack of financial responsibility, which could impact one's ability to handle client funds or maintain public trust. The correct answer for an applicant with a strong financial record is to state they have not had such delinquencies.

Question 32: Under Florida law, what is the maximum time period in which a medical malpractice action must be filed from the date of the incident?

3 years from discovery, 5 years absolute
1 year from discovery, 3 years absolute
2 years from discovery, 7 years absolute
2 years from discovery, 4 years absolute (Correct answer)

Correct answer: 2 years from discovery, 4 years absolute

Florida Statutes § 95.11(4)(b) requires medical malpractice actions to be filed within 2 years of discovery and imposes a 4-year absolute statute of repose.

Question 33: What is the Florida cap on non-economic damages in medical malpractice cases involving a practitioner's negligence (non-catastrophic injury)?

$1,000,000
$250,000
$500,000
No cap — struck down as unconstitutional (Correct answer)

Correct answer: No cap — struck down as unconstitutional

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 34: In Florida, what element distinguishes aggravated battery from simple battery?

The victim is a law enforcement officer
The defendant had a prior battery conviction
The battery occurred in a public place
The defendant intentionally or knowingly caused great bodily harm, or used a deadly weapon (Correct answer)

Correct answer: The defendant intentionally or knowingly caused great bodily harm, or used a deadly weapon

Florida Statutes § 784.045 elevates battery to aggravated battery when the defendant intentionally causes great bodily harm, permanent disability, or uses a deadly weapon.

Question 35: A Florida court may modify an existing child support order when:

The child reaches school age or changes schools
There is a substantial change in circumstances (Correct answer)
Either party requests a modification without restriction
At least one year has elapsed since the prior order

Correct answer: There is a substantial change in circumstances

Florida requires a showing of a substantial change in circumstances — such as a significant income change of at least 15% — before a child support order may be modified.

Question 36: Under Florida law, which doctrine allows an injured party to sue multiple defendants regardless of each defendant's individual percentage of fault for economic damages?

Joint and several liability (Correct answer)
Assumption of risk
Contributory negligence
Pure several liability

Correct answer: Joint and several liability

Florida retains joint and several liability for economic damages when a defendant is found 10% or more at fault under § 768.81.

Question 37: What is the sole ground for dissolution of marriage in Florida?

Adultery by one spouse
Separation for at least one year
Irreconcilable differences certified by both parties
Irretrievable breakdown of the marriage (Correct answer)

Correct answer: Irretrievable breakdown of the marriage

Florida is a no-fault divorce state; the only statutory ground for dissolution of marriage is that the marriage is irretrievably broken.

Question 38: In a personal injury case in a Florida circuit court, the plaintiff's attorney serves an interrogatory asking the defendant to identify all individuals who witnessed the incident. The defendant's attorney objects, claiming the list of eyewitnesses is protected work product because it was compiled by the defense's private investigator in anticipation of litigation. How should the court rule on the objection?

Sustain the objection unless the plaintiff can demonstrate a substantial need for the list and an inability to obtain the information through other means without undue hardship.
Overrule the objection because the identity and location of persons with knowledge of discoverable matter is not protected work product. (Correct answer)
Sustain the objection because information gathered by a party's representative in anticipation of litigation is always protected work product.
Overrule the objection because work product protection only applies to the mental impressions and legal theories of the attorney, not facts gathered by an investigator.

Correct answer: Overrule the objection because the identity and location of persons with knowledge of discoverable matter is not protected work product.

Florida Rule of Civil Procedure 1.280(b)(1) explicitly permits discovery of 'the identity and location of persons having knowledge of any discoverable matter.' This is considered a basic fact about the case and is not protected by the work product doctrine, which is designed to protect the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative concerning the litigation. While the investigator's *report* might contain protected work product, the identities of the witnesses themselves are discoverable facts.

Question 39: In a Florida defamation case involving a public figure, what standard of fault must the plaintiff prove?

Actual malice (knowledge of falsity or reckless disregard for truth) (Correct answer)
Negligence
Gross negligence
Strict liability

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

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 40: This phrase refers to the ABA Model Rules of Professional Conduct.

Subject to disqualification
Subject to discipline (Correct answer)
Subject to criminal liability
Subject to litigation sanction

Correct answer: Subject to discipline

The enforcement of professional conduct rules for attorneys is handled by a specific body or individual granted that power. This entity is broadly referred to as the "disciplinary authority." In practice, this typically involves state bar associations or dedicated disciplinary boards that investigate complaints and impose sanctions for rule violations.

Question 41: A testator, a Florida domiciliary, wishes to appoint her close friend and trusted financial advisor as the personal representative of her estate. The friend is a resident of Vermont and is not related to the testator. According to the Florida Probate Code, is the friend qualified to serve?

Yes, if the will specifically waives the residency requirement.
No, unless a majority of the estate's beneficiaries consent in writing to the appointment.
Yes, if the friend posts a bond with the probate court.
No, because the friend is not a Florida resident and does not meet any of the statutory exceptions. (Correct answer)

Correct answer: No, because the friend is not a Florida resident and does not meet any of the statutory exceptions.

Florida Statute § 733.302 generally requires a personal representative to be a Florida resident. Florida Statute § 733.304 provides limited exceptions for non-residents, allowing them to serve only if they are a spouse, sibling, parent, child, or other close relative of the decedent. A non-related friend, regardless of their qualifications or the testator's wishes, does not meet the exceptions and is therefore not qualified to serve as personal representative in Florida. Neither a bond nor beneficiary consent can overcome this statutory disqualification.

Question 42: A surviving spouse in Florida is dissatisfied with the provision made for her in her deceased husband's will. She decides to claim her statutory right to a portion of his estate. What is this right called and what percentage of the estate is she entitled to?

Dower right; one-third of the probate estate.
Intestate share; 100% of the estate.
Elective share; 30% of the elective estate. (Correct answer)
Homestead right; a life estate or a one-half interest as a tenant in common.

Correct answer: Elective share; 30% of the elective estate.

Florida law protects a surviving spouse from being completely disinherited. This protection is called the 'elective share.' Under Florida Statute § 732.201, a surviving spouse has the right to elect to take 30% of the 'elective estate,' which is a broad calculation of the decedent's assets, including some non-probate property. Florida abolished the concepts of dower and curtesy. The intestate share applies when there is no will, and the homestead right is a separate constitutional protection related to the primary residence.

Question 43: To reduce court backlogs, the Florida Legislature passes a law completely abolishing the common law cause of action for negligence and provides no alternative remedy for those injured by the carelessness of others. The statute is challenged by an individual who was injured in a car accident. On what grounds is this law most likely to be found unconstitutional in Florida?

Violation of the right to substantive due process.
Encroachment on the judiciary's power to define common law causes of action.
Impairment of the obligation of contracts.
Violation of the constitutional right of access to courts. (Correct answer)

Correct answer: Violation of the constitutional right of access to courts.

Article I, Section 21 of the Florida Constitution guarantees the right of access to courts. The Florida Supreme Court has held that the legislature violates this provision if it abolishes a common law right of action without providing a reasonable alternative to protect the rights of the people to redress for injuries. Simply eliminating a cause of action like negligence without a substitute remedy is a classic violation of the access to courts doctrine.

Question 44: Which of the following is NOT typically included in the Performance Test materials?

A list of potential witnesses (Correct answer)
A library of legal authority
A case file with facts
Instructions for the task

Correct answer: A list of potential witnesses

Performance Test materials typically include a 'case file' with facts (e.g., client memos, interview transcripts, exhibits) and a 'library' of legal authority (e.g., statutes, cases, regulations). The task instructions guide the applicant on what to produce. A list of potential witnesses is generally not provided, as the task focuses on legal analysis and writing, not trial preparation or discovery, which would involve witness identification.

Question 45: A developer owned a large 50-acre tract of land. She sold a 5-acre parcel located in the center of the tract to a buyer. The deed for the 5-acre parcel did not contain any language granting the buyer the right to cross the developer's remaining land to reach a public road. The 5-acre parcel has no other access. What is the buyer's best legal argument to gain access to the public road?

A common law easement by necessity has been created. (Correct answer)
An easement in gross exists for the benefit of the buyer.
The buyer can claim title to an access strip by adverse possession.
An easement by prescription has been created.

Correct answer: A common law easement by necessity has been created.

A common law easement by necessity is created in Florida when there is a severance of title to land held by a common grantor that creates a landlocked parcel, making access over the grantor's remaining land strictly necessary. The law presumes the parties intended to create an easement for access. An easement by prescription requires long-term adverse use, which has not occurred. An easement in gross benefits a person, not a parcel of land, and is not applicable here. Adverse possession concerns ownership, not a right of access.

Question 46: Which type of alimony in Florida is designed to assist a party with legitimate identifiable short-term needs while transitioning from married to single life, and cannot exceed two years?

Permanent alimony
Bridge-the-gap alimony (Correct answer)
Rehabilitative alimony
Durational alimony

Correct answer: Bridge-the-gap alimony

Bridge-the-gap alimony addresses short-term transition needs from married to single life and is capped at a maximum of two years under Florida law.

Question 47: A defendant is arrested for a felony in Florida and is released on bond. 70 days after the arrest, with no trial date set, the defendant files a proper 'Demand for Speedy Trial.' What is the direct procedural consequence of filing this demand?

The defendant is immediately entitled to a discharge, as the speedy trial time without demand has expired.
The State must bring the defendant to trial within 175 days from the date of arrest.
The court must set the case for trial to commence no less than 5 days and no more than 45 days from the calendar call on the demand.
The court must hold a calendar call within 5 days of the demand, and the defendant must be brought to trial within 50 days of the demand. (Correct answer)

Correct answer: The court must hold a calendar call within 5 days of the demand, and the defendant must be brought to trial within 50 days of the demand.

According to Florida Rule of Criminal Procedure 3.191(b), when a defendant files a 'Demand for Speedy Trial,' the state must bring the defendant to trial within 50 days of the filing of the demand. The rule also requires the court to hold a calendar call within 5 days of the demand to set the case for trial. The 175-day period is the speedy trial time *without* a demand for a felony.

Question 48: Which Florida statute governs sovereign immunity and sets the cap on tort claims against the state?

§ 95.11
§ 768.81
§ 768.28 (Correct answer)
§ 57.105

Correct answer: § 768.28

Florida Statutes § 768.28 waives sovereign immunity for tort claims and caps liability at $200,000 per person and $300,000 per occurrence absent a claims bill.

Question 49: What is the Florida definition of 'attempt' to commit a crime?

A substantial step toward committing a crime with intent to commit it (Correct answer)
Any act that is preparatory to committing a crime
Forming the intent to commit a crime
Obtaining the tools necessary to commit a crime

Correct answer: A substantial step toward committing a crime with intent to commit it

Florida Statutes § 777.04(1) defines criminal attempt as doing an act toward committing an offense, intending to commit it, but failing to complete it.

Question 50: Which Florida Evidence Code section governs the authentication of electronic records and social media posts?

§ 90.702
§ 90.404
§ 90.803
§ 90.901 (Correct answer)

Correct answer: § 90.901

Florida § 90.901 governs authentication, requiring that the proponent introduce evidence sufficient to support a finding that the item is what the proponent claims, including electronic records.

Question 51: Regardless of whether the record has been expunged, canceled, or annulled, or whether no record was made, have you ever been accused of cheating, plagiarism, or other academic dishonesty at any school you attended?

No, I have never been accused of cheating, plagiarism, or other academic dishonesty. (Correct answer)
I was accused of academic dishonesty, but the accusation was unfounded and I was cleared of any wrongdoing.
Yes, I have been accused of academic dishonesty, but the matter was resolved without formal discipline.
Yes, I have been accused of academic dishonesty, and I faced disciplinary action.

Correct answer: No, I have never been accused of cheating, plagiarism, or other academic dishonesty.

This question directly probes an applicant's honesty and integrity, which are fundamental qualities for a lawyer. The Florida Board of Bar Examiners requires full disclosure of any academic dishonesty accusations, regardless of the outcome or record status. The correct answer for an applicant with a clean record is to affirm they have never faced such accusations, demonstrating a history of ethical conduct.

Question 52: In Florida, what is the minimum mandatory prison sentence for a conviction of trafficking in 28 grams or more of cocaine?

5 years
1 year
10 years
3 years (Correct answer)

Correct answer: 3 years

Florida Statutes § 893.135(1)(b)1a mandates a minimum 3-year prison sentence for trafficking 28 grams or more but less than 200 grams of cocaine.

Question 53: A plaintiff files a motion for summary judgment in a Florida circuit court. Under the current standard, which of the following must the plaintiff (the movant) show to prevail?

That there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. (Correct answer)
That the plaintiff's evidence is more persuasive and credible than any evidence offered by the non-moving party.
That the non-moving party has failed to produce any evidence whatsoever to support its case.
That the undisputed facts conclusively prove all elements of the plaintiff's cause of action.

Correct answer: That there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

Effective May 1, 2021, Florida adopted the federal summary judgment standard. Florida Rule of Civil Procedure 1.510 now requires the movant to show that 'there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.' This standard focuses on whether 'the evidence is such that a reasonable jury could return a verdict for the nonmoving party,' not on weighing the evidence or requiring the non-movant to have zero evidence.

Question 54: Which of the following is an essential requirement for a valid deed conveying an interest in real property in Florida?

The deed must be recorded in the public records of the county where the property is located.
The deed must state the specific amount of consideration paid for the property.
The deed must be signed by the grantor in the presence of a notary public.
The deed must be signed by the grantor in the presence of two subscribing witnesses. (Correct answer)

Correct answer: The deed must be signed by the grantor in the presence of two subscribing witnesses.

Florida Statute § 689.01 explicitly requires that any conveyance of an interest in real property for a term of more than one year must be made by a written instrument signed in the presence of two subscribing witnesses. While notarization (acknowledgment) is required for a deed to be recorded, it is the witnessing that is fundamental to the deed's validity. Stating the exact consideration is not required, and while recording is crucial for providing notice to third parties and establishing priority, it is not required for the deed to be valid as between the grantor and grantee.

Question 55: Under Florida's Dram Shop Act, when may a licensed alcohol vendor be held liable for injuries caused by an intoxicated patron?

Any time alcohol is sold to an adult
Only when the vendor was negligent in serving alcohol
Whenever the patron causes an accident
Only when the vendor sold alcohol to a person who was habitually addicted to alcohol or to a minor (Correct answer)

Correct answer: Only when the vendor sold alcohol to a person who was habitually addicted to alcohol or to a minor

Florida Statutes § 768.125 limits dram shop liability to cases where the vendor knowingly sold alcohol to a minor or to a person habitually addicted to alcohol.

Question 56: What legal issues should you advise Uncle to consider regarding his desire to adopt the children?

The requirement for Uncle to have a stable income before pursuing adoption.
The necessity of the children's consent for the adoption to proceed.
The potential for Husband to contest the adoption based on his parental rights. (Correct answer)
The impact of the children's current living situation on the adoption process.

Correct answer: The potential for Husband to contest the adoption based on his parental rights.

In adoption cases, the legal rights of existing parents are paramount. If the children's biological or legal father (Husband) is still alive and has not had his parental rights terminated, he has a fundamental right to parent his children. Uncle's desire to adopt would likely require either the Husband's consent or a court order terminating his parental rights, which is a significant legal hurdle that must be addressed.

Question 57: In Florida, which element is NOT required to establish intentional infliction of emotional distress (IIED)?

Extreme and outrageous conduct
Intent or recklessness
Physical impact or injury (Correct answer)
Severe emotional distress causally linked to the conduct

Correct answer: Physical impact or injury

Florida does not require physical impact or injury for IIED claims; the tort focuses on extreme conduct causing severe emotional distress.

Question 58: Under Florida's hearsay rule, which of the following is NOT an exception to the hearsay rule?

Excited utterance
Present sense impression
Business record
Lay opinion on another's state of mind (Correct answer)

Correct answer: Lay opinion on another's state of mind

A lay opinion on another's state of mind is not a hearsay exception; it is generally inadmissible as speculation unless the declarant's own state of mind is at issue.

Question 59: Under Florida law, what is the effect of a witness invoking the Fifth Amendment privilege against self-incrimination in a civil proceeding?

The witness is excused from testifying entirely
The case is automatically dismissed
An adverse inference may be drawn against the party invoking the privilege (Correct answer)
No inference may be drawn from the invocation

Correct answer: An adverse inference may be drawn against the party invoking the privilege

In Florida civil proceedings, courts may permit an adverse inference to be drawn when a party invokes the Fifth Amendment privilege, unlike the rule in criminal cases.

Question 60: When a Florida court imputes income to a parent for child support purposes, the court considers:

Only income from verified full-time W-2 employment
The parent's earning capacity based on employment potential, qualifications, and recent work history (Correct answer)
The parent's current actual earned income only
The statewide median income for all working adults

Correct answer: The parent's earning capacity based on employment potential, qualifications, and recent work history

Florida courts impute income based on earning capacity, examining the parent's employment history, education, qualifications, and local job market conditions.

Question 61: Under Florida law, what must a plaintiff prove to establish a product liability claim based on strict liability?

Product was unreasonably dangerous and defective when it left the manufacturer's control (Correct answer)
Breach of express warranty only
Manufacturer's negligence
Intentional misrepresentation

Correct answer: Product was unreasonably dangerous and defective when it left the manufacturer's control

Florida strict products liability requires showing the product was defective and unreasonably dangerous when it left the manufacturer's control, causing the plaintiff's injury.

Question 62: Under Florida law, paternity may be legally established by which of the following means?

Voluntary acknowledgment, the parties being married at the time of birth, or court adjudication (Correct answer)
A written and notarized agreement between the biological parents
The father's name appearing on the birth certificate alone
DNA testing ordered by a court as the only valid method

Correct answer: Voluntary acknowledgment, the parties being married at the time of birth, or court adjudication

Florida allows paternity to be established through a voluntary acknowledgment signed by both parents, the parents being married at birth, or a court adjudication of paternity.

Question 63: Under Florida's rape shield law (§ 794.022), evidence of a victim's prior sexual conduct is generally:

Admissible only with court permission in all cases
Freely admissible to show the victim's credibility
Admissible if the defendant raises a consent defense
Inadmissible, subject to narrow exceptions such as prior acts with the defendant or to explain physical evidence (Correct answer)

Correct answer: Inadmissible, subject to narrow exceptions such as prior acts with the defendant or to explain physical evidence

Florida § 794.022 generally bars evidence of the victim's prior sexual history, with narrow exceptions including prior consensual activity with the defendant or evidence explaining physical findings.

Question 64: Plaintiff filed a civil complaint against Defendant four years ago. This complaint was voluntarily dismissed three years ago. Two years ago, Plaintiff filed the complaint again and voluntarily dismissed it last year. May Plaintiff successfully file the complaint again this year?

No, because the most recent complaint is a supplemental pleading requiring permission of the court prior to filing.
Yes, if the most recent complaint arose out of the conduct, transaction, or occurrence set forth in the previous complaints.
No, because the second voluntary dismissal operated as an adjudication on the merits. (Correct answer)
Yes, if the statute of limitations has not run.

Correct answer: No, because the second voluntary dismissal operated as an adjudication on the merits.

Subject matter jurisdiction is a fundamental requirement for a court to hear a case and cannot be waived by the parties. A lack of subject matter jurisdiction means the court never had the authority to hear the case in the first place. Therefore, this issue can be raised at any point during the litigation, including for the first time in a post-trial motion or even on appeal, and the court must entertain such a motion.

Question 65: Under Florida adoption law, consent to adoption is generally required from:

Only the prospective adoptive parents and the court
The child regardless of age if represented by a guardian ad litem
The birth mother and the legal or putative father whose paternity has been established, with limited exceptions (Correct answer)
All biological relatives within the first degree of kinship

Correct answer: The birth mother and the legal or putative father whose paternity has been established, with limited exceptions

Florida requires consent from the birth mother and from the legal father or putative father whose paternity has been established, subject to enumerated statutory exceptions.

Question 66: This refers to the individual with the given authority to enforce the rules of professional conduct.

Attorney
Disciplinary authority (Correct answer)
Practioner
Consultant

Correct answer: Disciplinary authority

Under the ABA Model Rules of Professional Conduct, an attorney is generally prohibited from revealing confidential client information. However, an exception (Rule 1.6(b)(1)) permits disclosure if the attorney reasonably believes it is necessary to prevent reasonably certain death or substantial bodily harm. Therefore, if the attorney's belief about the waste products causing substantial bodily harm was reasonable, they would not be subject to discipline for the disclosure.

Question 67: A testator's will contains the following bequests: (1) '$20,000 to my daughter, from the proceeds of my IBM stock,' (2) '$20,000 to my son,' and (3) 'the rest and residue of my estate to my spouse.' After all debts and expenses are paid, only $30,000 remains in the estate, and the IBM stock was sold before the testator's death. According to Florida's default rules of abatement, how should the remaining assets be distributed?

The son receives $20,000 and the daughter's gift fails completely due to ademption. (Correct answer)
The son receives $20,000 and the spouse receives $10,000.
The son receives $15,000 and the spouse receives $15,000.
The spouse's residuary gift abates first, leaving the entire $30,000 to be split between the children.

Correct answer: The son receives $20,000 and the daughter's gift fails completely due to ademption.

This question involves two concepts: ademption and abatement. The gift to the daughter is a demonstrative devise ('$20,000 from the proceeds'). However, because the specific source (IBM stock) no longer exists, it is treated as a general devise to the extent of the insufficiency. The gift to the son is a general devise. The gift to the spouse is a residuary devise. Under Florida's abatement statute (F.S. 733.805), residuary devises abate first, followed by general devises. Since only $30,000 remains, the residuary gift to the spouse abates completely. The gift to the daughter would adeem if it were a specific bequest of the stock itself, but as a demonstrative devise it is treated as a general devise. With $40,000 in general devises and only $30,000 available, the gifts to the son and daughter abate ratably. However, the best answer choice reflects that the son's gift would be paid before the daughter's failed demonstrative devise, which is treated as a general devise. A more precise answer would be a pro-rata distribution, but given the options, the complete ademption of the daughter's gift and payment to the son is the closest correct legal principle tested, representing the failure of the specific source and the abatement of the residuary.

Question 68: A process server in Florida attempts to serve a lawsuit on a defendant at his home. The defendant is not present, but his 17-year-old son, who lives with him, answers the door. The process server hands the summons and complaint to the son and tells him, 'This is for your dad.' The server's return of service indicates substituted service was completed. Is this service of process valid?

No, because service must be made on a person who is at least 18 years of age.
No, because substituted service can only be made on a spouse.
Yes, because the son is over 15 years of age, resides at the home, and was informed of the contents. (Correct answer)
Yes, because service on any family member at the usual place of abode is sufficient.

Correct answer: Yes, because the son is over 15 years of age, resides at the home, and was informed of the contents.

Florida Statute § 48.031(1)(a) permits substituted service by leaving the complaint and summons at the defendant's 'usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents.' The son is 17 (which is over 15), resides at the home, and was informed of the contents, making the service valid.

Question 69: Under the Florida Premarital Agreement Act, a prenuptial agreement is unenforceable if a party establishes that:

The agreement was not executed voluntarily (Correct answer)
It was not acknowledged before a notary public
It was not reviewed by independent counsel for both parties
It was signed fewer than 30 days before the wedding

Correct answer: The agreement was not executed voluntarily

Under Florida's Premarital Agreement Act, a party may void a prenuptial agreement by proving it was not executed voluntarily, among a narrow set of grounds.

Question 70: What should you keep in mind while answering questions on the Florida Bar Examination?

Focus solely on general law, as it is more widely applicable.
Consider only the most recent changes in law, disregarding older statutes.
Answer based on the law in force at the time of the examination, prioritizing Florida law when it differs from general law. (Correct answer)
Use personal experiences and opinions to inform your answers.

Correct answer: Answer based on the law in force at the time of the examination, prioritizing Florida law when it differs from general law.

Bar examinations test an applicant's knowledge of the law as it currently stands and its application to specific scenarios. For state-specific bar exams like Florida's, it is critical to apply Florida's unique statutes, case law, and procedural rules, especially when they diverge from general common law or federal principles. This ensures the applicant demonstrates competence in the jurisdiction they intend to practice, reflecting the most current and relevant legal landscape.

Question 71: Which of the following is an absolute prerequisite for creating a de jure corporation in the state of Florida?

Filing articles of incorporation with the Florida Department of State. (Correct answer)
Issuing stock certificates to shareholders.
Adopting corporate bylaws.
Holding an initial organizational meeting of the directors.

Correct answer: Filing articles of incorporation with the Florida Department of State.

Under the Florida Business Corporation Act (Chapter 607, Florida Statutes), a corporation's legal existence begins when the articles of incorporation are properly filed with the Florida Department of State. The other actions—adopting bylaws, issuing stock, and holding an organizational meeting—are important internal governance steps that typically follow formation but are not required to legally create the corporate entity itself.

Question 72: Which of the following best describes the collaborative divorce process in Florida?

A voluntary process in which both parties and their attorneys contractually commit to resolving all issues without litigation (Correct answer)
A process in which both spouses share a single attorney to reduce costs
Mandatory mediation ordered by the court before any divorce can be finalized
A court-supervised settlement conference mandated by the judge

Correct answer: A voluntary process in which both parties and their attorneys contractually commit to resolving all issues without litigation

Collaborative divorce is a voluntary, contractually-based dispute resolution process where both parties and counsel commit in writing to resolving all issues outside of court.

Question 73: Which of the following is a mandatory requirement for the valid execution of a non-holographic, non-nuncupative will in Florida?

The will must be filed with the local circuit court within 30 days of execution.
The witnesses must be 'disinterested,' meaning they do not receive any benefit under the will.
The testator must sign the will in the presence of two attesting witnesses. (Correct answer)
The will must be notarized.

Correct answer: The testator must sign the will in the presence of two attesting witnesses.

Florida Statute § 732.502 requires that for a will to be valid, the testator must sign it at the end, and the signing must be witnessed by at least two attesting witnesses. The witnesses must sign the will in the presence of the testator and in the presence of each other. While notarization is recommended to create a 'self-proving' will (which simplifies admission to probate), it is not a requirement for the will's basic validity. Florida law also permits 'interested' witnesses to attest a will, so being disinterested is not a requirement. There is no requirement to file a will with the court before the testator's death.

Question 74: Which of the following is generally classified as a non-marital asset under Florida law?

A retirement account funded entirely during the marriage
A business owned by one spouse before marriage that was never commingled with marital assets (Correct answer)
A home purchased during the marriage with marital funds
Wages earned by either spouse during the marriage

Correct answer: A business owned by one spouse before marriage that was never commingled with marital assets

Under §61.075, a business owned prior to marriage that was never commingled with marital funds remains a non-marital asset not subject to equitable distribution.

Question 75: Florida's statutory framework for dividing marital property upon dissolution is best described as:

Community property split 50/50 in all cases
Equitable distribution based on fairness (Correct answer)
Separate property retained by each spouse with no division
Title-based distribution following ownership records

Correct answer: Equitable distribution based on fairness

Florida follows equitable distribution under §61.075, meaning marital property is divided fairly but not necessarily equally, based on a set of statutory factors.

Question 76: In Florida, which doctrine holds that evidence derived from an unconstitutional search or seizure must be excluded at trial?

Exclusionary rule
Both the exclusionary rule and fruit of the poisonous tree doctrine (Correct answer)
Neither — Florida does not recognize this doctrine
Fruit of the poisonous tree doctrine

Correct answer: Both the exclusionary rule and fruit of the poisonous tree doctrine

Florida applies both the exclusionary rule (barring directly obtained illegally seized evidence) and the fruit of the poisonous tree doctrine (barring derivative evidence) under Article I, Section 12 of the Florida Constitution.

Question 77: A landlord of a multi-unit apartment building in Florida fails to repair a broken central air conditioning system during a heatwave, rendering a tenant's apartment uninhabitable. The tenant provides proper written notice to the landlord detailing the issue. The landlord fails to take any action within 7 days. Under the Florida Residential Landlord and Tenant Act, what is the tenant's most appropriate remedy?

Immediately hire a contractor to fix the entire building's system and deduct the full cost from future rent.
File a lawsuit for specific performance to compel the landlord to make the repair.
Change the locks to the apartment to prevent the landlord from entering until the repair is made.
Terminate the rental agreement due to the landlord's material noncompliance. (Correct answer)

Correct answer: Terminate the rental agreement due to the landlord's material noncompliance.

Florida Statute § 83.51(1) requires a landlord to comply with housing codes and maintain the premises in a habitable condition, which includes functioning facilities for heat and, by extension, air conditioning in many parts of Florida. A failure to do so is a material noncompliance. According to Florida Statute § 83.56(1), if the landlord materially fails to comply within 7 days after receiving a written notice from the tenant specifying the noncompliance, the tenant may terminate the rental agreement. While withholding rent is a possibility, termination is a direct remedy provided by statute for such a material breach. Hiring a contractor for a building-wide system is unreasonable, and self-help like changing locks is not a permitted remedy.

Question 78: A partner in a Florida general partnership that was formed for an indefinite term (a 'partnership at will') provides written notice to the other partners of her express will to withdraw from the partnership, effective immediately. According to the Florida Revised Uniform Partnership Act (FRUPA), what is the direct legal consequence of this action?

The partnership is immediately and automatically dissolved and must begin the winding up process.
The partner is 'dissociated' from the partnership, which does not automatically cause its dissolution. (Correct answer)
The withdrawal is wrongful, and the partner is liable for any resulting damages.
The withdrawal is ineffective until approved by a majority of the remaining partners.

Correct answer: The partner is 'dissociated' from the partnership, which does not automatically cause its dissolution.

Under FRUPA, a partner has the power to withdraw at any time by giving notice. This act is called 'dissociation.' In a partnership at will, a partner's notice of express will to withdraw results in dissociation. Dissociation does not automatically cause dissolution. The remaining partners may choose to continue the business and buy out the dissociated partner's interest. Wrongful dissociation typically occurs in a partnership for a definite term, not a partnership at will.

Question 79: Florida's simplified dissolution of marriage procedure is available only when:

The marriage lasted fewer than five years with no children
One party has been absent and unlocatable for more than one year
Both spouses agree there are no minor or dependent children, no alimony, and waive formal financial disclosure (Correct answer)
Both parties appear pro se and agree to waive all property claims

Correct answer: Both spouses agree there are no minor or dependent children, no alimony, and waive formal financial disclosure

The simplified dissolution process requires mutual agreement, no minor or dependent children, no request for alimony, and waiver of the right to financial disclosure.

Question 80: A Florida landowner discovers a trespasser injured on his unguarded swimming pool. Under what doctrine may the landowner owe a duty to child trespassers?

Attractive nuisance doctrine (Correct answer)
Negligence per se
Res ipsa loquitur
Invitee doctrine

Correct answer: Attractive nuisance doctrine

The attractive nuisance doctrine imposes a duty of reasonable care on landowners for artificial conditions that foreseeably attract and injure child trespassers.

Question 81: Under Florida's 10-20-Life law, what mandatory sentence applies when a firearm is discharged during the commission of certain felonies and causes great bodily harm?

Life without parole
25 years to life (Correct answer)
20 years
10 years

Correct answer: 25 years to life

Florida's 10-20-Life statute mandates a minimum 25-years-to-life sentence when a firearm is discharged and causes great bodily harm or death during an enumerated felony.

Question 82: Two friends co-found a tech startup in Florida. They agree orally to share profits and decision-making authority equally but do not sign a partnership agreement or file any documents with the state. One founder, while acting on behalf of the business, negligently causes a significant data breach, leading to a large judgment against the business. What is the most likely personal liability of the other, non-negligent founder for this judgment?

She is only liable for 50% of the judgment, reflecting her share of the partnership.
She is not personally liable because she was not the negligent actor.
Her liability is limited to her capital contribution to the business.
She is jointly and severally liable for the full amount of the judgment. (Correct answer)

Correct answer: She is jointly and severally liable for the full amount of the judgment.

Under the Florida Revised Uniform Partnership Act (FRUPA), the association of two or more persons to carry on as co-owners a business for profit forms a general partnership, whether or not they intend to. A key characteristic of a general partnership is that all partners are jointly and severally liable for all obligations of the partnership, including torts committed by a partner in the ordinary course of partnership business. This means the creditor can collect the entire judgment from any one partner, regardless of who was at fault or their percentage ownership.

Question 83: A plaintiff's lawsuit has had no record activity for 10 months. The defendant wishes to have the case dismissed for lack of prosecution. According to Florida Rule of Civil Procedure 1.420(e), what is the correct first step?

Wait two more months, at which point the case will be automatically dismissed by the clerk.
File a motion to dismiss, which the court must grant if there has been no activity for 10 months.
File a motion for a court order compelling the plaintiff to appear and show cause why the case should not be dismissed.
The court or clerk must serve a notice on the parties of the lack of record activity. (Correct answer)

Correct answer: The court or clerk must serve a notice on the parties of the lack of record activity.

Florida Rule of Civil Procedure 1.420(e) provides a specific procedure for dismissal for lack of prosecution. If there is no record activity for 10 months, the court on its own initiative or any interested person (like the defendant) or the clerk shall serve a notice to all parties. The action shall then be dismissed if no record activity occurs within 60 days after the service of the notice, unless a party shows good cause in writing for the case to remain pending.

Question 84: A resident of Georgia dies owning a vacation condominium in Naples, Florida, in his sole name. His will, which was validly executed in Georgia, names his brother, a resident of New York, as the personal representative. Which type of administration is required in Florida to transfer title to the condominium?

No administration is needed in Florida; the Georgia personal representative can transfer the property with a deed.
Summary administration, because the decedent was not a Florida resident.
Domiciliary administration, because the main probate will occur in Georgia.
Ancillary administration, because the decedent was a non-resident who owned Florida real property. (Correct answer)

Correct answer: Ancillary administration, because the decedent was a non-resident who owned Florida real property.

Ancillary administration is the required probate proceeding in Florida when a non-resident dies leaving assets, such as real property, within Florida. Florida Statute § 734.102 specifically provides for ancillary administration to handle the Florida property of a deceased non-resident. The domiciliary administration takes place in the decedent's home state (Georgia). Summary administration is a shortened form of probate available for small estates or when the decedent has been dead for more than two years, but ancillary administration is the specific procedure for this situation.

Question 85: What is the first step in addressing a legal problem on the Florida Bar Examination?

Familiarity with current events
Analyzing the problem to understand the facts (Correct answer)
Identifying the applicable law
Writing the answer in a clear style

Correct answer: Analyzing the problem to understand the facts

Before identifying applicable law or writing an answer, a lawyer must first thoroughly understand the client's situation. Analyzing the problem to understand the facts involves carefully reading the prompt, identifying key parties, events, and relevant details. This foundational step ensures that the subsequent legal analysis is accurately applied to the specific circumstances presented, preventing misinterpretations or irrelevant legal discussions.

Question 86: Under Florida Evidence Code § 90.501, which of the following statements about privileges is correct?

Privileges apply only in criminal proceedings
Privileges may only be created by statute or the Florida Evidence Code (Correct answer)
All privileges are absolute and may never be waived
Common law privileges still exist unless abrogated by statute

Correct answer: Privileges may only be created by statute or the Florida Evidence Code

Florida § 90.501 provides that privileges in Florida courts exist only as provided by statute, the Florida Evidence Code, or the Florida Constitution — common law privileges were abolished.

Question 87: What constitutional issues should you analyze in the proposed wellness program bill for state employees?

The historical precedent of wellness programs in Florida and their effectiveness.
The bill's alignment with federal health regulations and guidelines.
The bill's economic impact on the state budget and taxpayer money.
The bill's potential to infringe on employees' religious freedoms and privacy rights. (Correct answer)

Correct answer: The bill's potential to infringe on employees' religious freedoms and privacy rights.

Constitutional issues primarily deal with fundamental rights and government power. A wellness program, especially if mandatory or involving personal health data, could potentially violate an employee's right to privacy (e.g., medical information) or religious freedom (e.g., if it conflicts with religious practices or beliefs). Analyzing these potential infringements is crucial for determining the bill's constitutionality and ensuring it complies with constitutional protections.

Question 88: A Florida court may hold a party in civil contempt for failure to pay court-ordered alimony or child support when:

The party has filed a pending motion to modify the support order
The party had the present ability to pay but willfully failed to do so (Correct answer)
The party's income has decreased since the original order was entered
The party has missed any single payment regardless of circumstances

Correct answer: The party had the present ability to pay but willfully failed to do so

Civil contempt for failure to pay support requires proof of both the failure to pay and the present ability to pay; willful non-compliance is the essential element.

Question 89: What is the Florida definition of burglary?

Trespassing during nighttime hours
Forcible entry of a dwelling
Breaking and entering with intent to commit a felony
Entering or remaining in a structure or conveyance with intent to commit a crime therein (Correct answer)

Correct answer: Entering or remaining in a structure or conveyance with intent to commit a crime therein

Florida Statutes § 810.02 defines burglary as entering or remaining in a structure or conveyance with intent to commit a crime inside, eliminating the common law requirement of breaking.

Question 90: Under Florida Statutes § 90.702, an expert witness may testify in the form of an opinion if the opinion is based on:

Only personal observation
Sufficient facts or data, reliable principles and methods, reliably applied to the facts (Correct answer)
The expert's subjective belief
Hearsay evidence alone

Correct answer: Sufficient facts or data, reliable principles and methods, reliably applied to the facts

Florida § 90.702 requires expert opinions to be based on sufficient facts or data, reliable principles and methods, and their reliable application to the case facts.

Question 91: Under Florida law, which of the following is classified as a marital asset subject to equitable distribution?

Income earned by either spouse during the marriage (Correct answer)
A gift from a third party given solely to one spouse
Real property owned by one spouse prior to the marriage
An inheritance received and kept in a separate account during marriage

Correct answer: Income earned by either spouse during the marriage

Income earned by either spouse during the marriage is a marital asset under §61.075, regardless of which spouse earned it.

Question 92: Under Florida law, what degree of felony is grand theft when the value of the property stolen is between $750 and $20,000?

First-degree felony
Second-degree felony
First-degree misdemeanor
Third-degree felony (Correct answer)

Correct answer: Third-degree felony

Florida Statutes § 812.014 classifies theft of property valued between $750 and $20,000 as grand theft in the third degree, a third-degree felony.

Question 93: What is the Florida statute of limitations for prosecution of a first-degree felony?

2 years
3 years
4 years
No limitation period (Correct answer)

Correct answer: No limitation period

Under Florida Statutes § 775.15, there is no statute of limitations for prosecution of first-degree felonies in Florida.

Question 94: Under the Florida Evidence Code, which standard governs the admissibility of expert scientific testimony?

Frye standard (general acceptance) (Correct answer)
Both Frye and Daubert equally
No standard — courts have absolute discretion
Daubert standard (reliability and relevance)

Correct answer: Frye standard (general acceptance)

Florida follows the Frye standard under § 90.702, requiring that expert scientific testimony be based on principles and methods generally accepted in the relevant scientific community.

Question 95: How much time is allocated for the Performance Test in the Florida Bar Examination?

2 hours (Correct answer)
3 hours
4 hours
1 hours

Correct answer: 2 hours

The Florida Bar Examination's Performance Test is a timed component designed to assess practical skills under pressure. Applicants are typically given two hours to read the case file and library, analyze the problem, and draft their response. This time constraint requires efficient issue spotting, legal research, and organized writing, simulating the demands of legal practice.

Question 96: Under Florida Evidence Code § 90.803(6), a business record is admissible as an exception to the hearsay rule if it was:

Authenticated by the business owner personally
Prepared within 30 days of the event
Prepared specifically for litigation
Made at or near the time of the event by a person with knowledge, kept in the regular course of business, and it was the regular practice to make such a record (Correct answer)

Correct answer: Made at or near the time of the event by a person with knowledge, kept in the regular course of business, and it was the regular practice to make such a record

Florida § 90.803(6) requires the business record to be made near the time of the event by someone with knowledge, in the regular course of business, where making such records is a regular practice.

Question 97: Which of the following is a required element for a Florida nuisance claim?

Unreasonable interference with the use and enjoyment of plaintiff's property (Correct answer)
Property damage exceeding $1,000
Intentional conduct by the defendant
Physical trespass onto plaintiff's land

Correct answer: Unreasonable interference with the use and enjoyment of plaintiff's property

A private nuisance claim in Florida requires proof that the defendant unreasonably interfered with the plaintiff's use and enjoyment of their property.

Question 98: A Florida attorney's television advertisement features a dramatic reenactment of a car accident followed by a former client stating, 'This law firm is the absolute best in Florida and got me a huge settlement!' The advertisement does not include the law firm's physical address. Which aspect of this advertisement most clearly violates Florida's advertising rules?

Featuring a reenactment of an accident.
Claiming to be the 'best' and failing to include a bona fide office location. (Correct answer)
Using a former client to provide a testimonial.
The failure to state that results are not guaranteed for every case.

Correct answer: Claiming to be the 'best' and failing to include a bona fide office location.

Florida's advertising rules contain several requirements. First, all advertisements must disclose the city, town, or county of at least one bona fide office location of the lawyer who will perform the services. Second, Rule 4-7.13 prohibits communications that are deceptive or inherently misleading, which includes statements that are not objectively verifiable. Describing the firm as the 'best' is a subjective claim that cannot be factually substantiated and is thus prohibited. While reenactments and testimonials are permitted, they are subject to specific disclaimer requirements, but the failure to include a location and the use of a non-verifiable superlative are direct violations.

Question 99: Under Florida § 90.610, a witness's credibility may be impeached by prior convictions. Which of the following convictions is admissible for impeachment?

Any civil judgment
Only capital felony convictions
Felony conviction or a crime involving dishonesty or false statement (Correct answer)
Any misdemeanor conviction

Correct answer: Felony conviction or a crime involving dishonesty or false statement

Florida § 90.610 allows impeachment by evidence of a felony conviction or any crime involving dishonesty or false statement, regardless of felony or misdemeanor classification.

Question 100: A Florida resident, who solely owns his home, dies leaving a will that devises his homestead property to his best friend. The resident is survived by his spouse and one 15-year-old minor child. What is the legal effect of the devise in the will?

The devise is void, and the property passes to the spouse and minor child as joint tenants with right of survivorship.
The devise is void, and the surviving spouse receives a life estate in the homestead, with a vested remainder to the minor child. (Correct answer)
The devise is valid, but the spouse and minor child can elect to take a one-half interest as tenants in common with the best friend.
The devise is valid, and the best friend takes the homestead property in fee simple.

Correct answer: The devise is void, and the surviving spouse receives a life estate in the homestead, with a vested remainder to the minor child.

Article X, Section 4(c) of the Florida Constitution prohibits the devise of homestead property if the owner is survived by a spouse or a minor child. Since the resident was survived by both a spouse and a minor child, the attempted devise to his best friend is void. Under Florida's intestacy statutes governing the descent of homestead, when a devise is improper and the decedent is survived by a spouse and one or more descendants, the surviving spouse takes a life estate, and the descendants (in this case, the minor child) receive a vested remainder.

Question 101: What is the expected format for the response to a Performance Test task?

A memorandum (Correct answer)
An oral argument
A letter to a client
A formal legal brief

Correct answer: A memorandum

While Performance Test tasks can vary, a common and expected format for the response is an objective memorandum, often to a supervising attorney. This format requires the applicant to analyze legal issues, apply law to facts, and provide a reasoned conclusion or recommendation. Other formats like client letters or briefs may also appear, but a memorandum is a very frequent and representative task for legal analysis.

Question 102: A new state statute requires all individuals seeking a license to operate a hot dog stand to submit to a mandatory DNA test, with the sample stored in a state database for public health research. A group of vendors challenges the law under the Florida Constitution. How will a Florida court most likely analyze the constitutionality of this statute?

Under rational basis review, because it involves economic regulation and public health.
By applying the conformity clause, which requires the court to follow U.S. Supreme Court precedent on Fourth Amendment searches.
The law is presumed valid unless it has no conceivable rational relationship to a legitimate government interest.
Under strict scrutiny, because Florida's express right to privacy is implicated by the mandatory collection of DNA. (Correct answer)

Correct answer: Under strict scrutiny, because Florida's express right to privacy is implicated by the mandatory collection of DNA.

Article I, Section 23 of the Florida Constitution provides an explicit, freestanding right of privacy: 'Every natural person has the right to be let alone and free from governmental intrusion into the person's private life.' This right is broader than the federal right to privacy. Any governmental intrusion into this right requires the state to prove a compelling state interest and that the statute is narrowly tailored to achieve that interest (strict scrutiny). The mandatory collection and storage of DNA is a significant intrusion into privacy, triggering this high standard of review.

Question 103: An attorney in Florida maintains a pooled Interest on Trust Accounts (IOTA) account for holding client funds that are nominal in amount or expected to be held for a short period. Which of the following statements about the IOTA account is correct?

The interest generated on the IOTA account is paid directly to the clients whose funds are held in the account.
The attorney may keep a reasonable amount of their own funds in the IOTA account to cover bank service charges. (Correct answer)
Participation in the IOTA program is voluntary for attorneys.
The attorney must obtain written consent from each client before placing their nominal funds into a pooled IOTA account.

Correct answer: The attorney may keep a reasonable amount of their own funds in the IOTA account to cover bank service charges.

According to Florida Bar Rule 5-1.1, all nominal or short-term client funds must be deposited into an IOTA account. While a lawyer may not generally commingle their own money with client funds, an exception allows the lawyer to deposit their own funds in a client trust account for the sole purpose of paying bank service charges on that account, in an amount reasonably sufficient for that purpose. The interest from IOTA accounts is remitted to The Florida Bar Foundation to fund legal aid programs, not to the clients. Participation is mandatory for attorneys handling such funds, and specific client consent for IOTA placement is not required.

Question 104: A Florida attorney wants to send a direct mail solicitation letter to a potential client who was recently involved in a widely publicized car accident. According to the Florida Bar rules governing attorney advertising and solicitation, which of the following actions is permissible?

Sending a written communication marked "ADVERTISEMENT" in a conspicuous place on the envelope and letter 31 days after the accident. (Correct answer)
Sending an email with the subject line "Urgent Legal Matter" 31 days after the accident.
Sending the letter 15 days after the accident occurred.
Having a paralegal call the potential client 35 days after the accident to follow up on the letter.

Correct answer: Sending a written communication marked "ADVERTISEMENT" in a conspicuous place on the envelope and letter 31 days after the accident.

Florida Rule of Professional Conduct 4-7.18(b) prohibits lawyers from sending written solicitations to prospective clients concerning an action for personal injury or wrongful death unless the accident or disaster occurred more than 30 days prior to the mailing. The rule also requires the communication to be marked as an "Advertisement." In-person or live telephone contact is generally prohibited if a significant motive is pecuniary gain. Emails must have a subject line that begins with "Advertisement."

Question 105: A testator properly executes a will devising his entire estate to his best friend. Two years later, the testator marries but does not update his will. He dies a year after the marriage, survived by his spouse and his best friend. Which of the following statements is most accurate regarding the surviving spouse's rights?

The spouse is entitled to an intestate share of the estate as a pretermitted spouse. (Correct answer)
The spouse has no rights to the estate because the will was validly executed before the marriage and left the entire estate to the best friend.
The spouse is entitled to an elective share of 30% of the elective estate.
The spouse is entitled only to what she would receive under the homestead laws, as the will predates the marriage.

Correct answer: The spouse is entitled to an intestate share of the estate as a pretermitted spouse.

Under Florida Statute § 732.301, if a person marries after making a will and the spouse survives the testator, the surviving spouse is considered a 'pretermitted spouse.' A pretermitted spouse is entitled to receive a share of the estate equal to what they would have received if the testator had died intestate (without a will). This rule applies unless a prenuptial or postnuptial agreement exists, the will provides for the spouse, or the will expressly discloses an intention not to provide for the spouse. Since none of these exceptions apply in the scenario, the spouse receives an intestate share, not an elective share, and is not limited only to homestead.

Question 106: In Florida, the attorney-client privilege under § 90.502 belongs to whom and who may waive it?

The client; only the client may waive it (Correct answer)
Both equally; both must agree to waive
The court; waivable only by judicial order
The attorney; only the attorney may waive it

Correct answer: The client; only the client may waive it

Under Florida § 90.502, the attorney-client privilege belongs to the client, and only the client (or their authorized representative) may waive it.

Question 107: What is the residency requirement for filing a petition for dissolution of marriage in Florida?

30 days
6 months (Correct answer)
60 days
90 days

Correct answer: 6 months

Under Florida Statutes §61.021, at least one party must have been a Florida resident for 6 months immediately before filing for dissolution.

Question 108: Which of the following is NOT a statutory factor in determining alimony under Florida law?

Marital fault or misconduct by either party (Correct answer)
Standard of living established during the marriage
Financial resources and earning capacity of each party
Duration of the marriage

Correct answer: Marital fault or misconduct by either party

Florida is a no-fault state and marital misconduct is not among the statutory factors courts consider when determining alimony under §61.08.

Question 109: Under Florida's child custody framework, what is the statutory default presumption regarding parental responsibility?

The father is presumed to be the primary residential parent
The mother is presumed to be the primary residential parent
The court has sole discretion with no presumption favoring either parent
Shared parental responsibility is presumed to be in the child's best interest (Correct answer)

Correct answer: Shared parental responsibility is presumed to be in the child's best interest

Florida law presumes that shared parental responsibility is in the best interest of the minor child unless the court finds it would be detrimental.

Question 110: What should be included in the conclusion of your answer on the Florida Bar Examination?

A discussion of unrelated legal principles
A final resolution based on the analysis and application of law (Correct answer)
A summary of the facts only
A personal opinion about the case

Correct answer: A final resolution based on the analysis and application of law

The conclusion of a legal answer on the bar examination should synthesize the preceding analysis and provide a definitive outcome or advice. It demonstrates the ability to apply legal principles to the facts and reach a reasoned judgment. This final resolution should directly address the question posed in the prompt, offering a clear and concise answer that ties together all the legal arguments.

Question 111: Which of the following is a mandatory requirement for a contingency fee agreement in a Florida personal injury case?

The agreement must be in writing and signed by the client and the attorney. (Correct answer)
The agreement must be verbally explained to the client in the presence of a witness.
The attorney's fee must be set at a flat 40% of the gross recovery.
It must include a provision for mandatory arbitration of fee disputes.

Correct answer: The agreement must be in writing and signed by the client and the attorney.

Under Rule 4-1.5(f), all contingency fee agreements in Florida must be in writing and signed by the client and every participating lawyer or law firm. The agreement must also contain the Statement of Client's Rights. While arbitration clauses are permitted, they are not mandatory and require specific disclosures. Florida's rules set maximum percentage tiers for fees, which are not a flat 40%; for example, the fee is generally limited to 33 1/3% for recoveries up to $1 million if settled before a lawsuit is filed.

Question 112: Under Florida Evidence Code § 90.803(1), a spontaneous statement is admissible as an excited utterance if it was made:

Any time after the startling event
While the declarant was under the stress of excitement caused by a startling event, relating to that event (Correct answer)
In writing immediately after the event
Only by a declarant who is unavailable at trial

Correct answer: While the declarant was under the stress of excitement caused by a startling event, relating to that event

Florida § 90.803(2) (excited utterance) requires the statement to be made while the declarant was still under the stress of excitement caused by the startling event.

Question 113: What is the statute of limitations for a negligence claim causing personal injury in Florida?

6 years
1 year
2 years (Correct answer)
4 years

Correct answer: 2 years

Florida Statutes § 95.11(3)(a) sets a two-year statute of limitations for personal injury negligence claims.

Question 114: In Florida, which of the following crimes requires proof of specific intent as an element?

Battery
Felony murder
Theft (Correct answer)
DUI manslaughter

Correct answer: Theft

Florida theft under § 812.014 requires the specific intent to temporarily or permanently deprive the owner of property, making it a specific intent crime.

Question 115: Under Florida law, which defense allows a defendant to argue that law enforcement induced an otherwise innocent person to commit a crime?

Entrapment (Correct answer)
Mistake of law
Necessity
Duress

Correct answer: Entrapment

Florida Statutes § 777.201 codifies the entrapment defense, allowing a defendant to avoid liability when law enforcement induces an otherwise innocent person to commit a crime.

Question 116: In Florida, what mental state is required for first-degree premeditated murder under § 782.04?

Recklessly
Premeditated design to cause death (Correct answer)
Negligently
Knowingly

Correct answer: Premeditated design to cause death

Florida first-degree premeditated murder requires a premeditated design — a conscious decision made before the act — to unlawfully kill another person.

Question 117: Under Florida's economic loss rule, a plaintiff in a contract dispute generally cannot recover tort damages for purely economic losses unless:

The defendant is a licensed professional
There is an independent tort or duty existing outside the contract (Correct answer)
The plaintiff also suffered physical injury
The contract involves over $10,000

Correct answer: There is an independent tort or duty existing outside the contract

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

Question 118: In Florida, what is the standard for admitting a dying declaration under § 90.804(2)(b)?

Declarant must have survived the incident
Statement must be written and witnessed
Statement must be made to a physician
Declarant must have believed death was imminent when making the statement and must be unavailable at trial (Correct answer)

Correct answer: Declarant must have believed death was imminent when making the statement and must be unavailable at trial

Florida § 90.804(2)(b) admits dying declarations made by an unavailable declarant who believed death was imminent and who made the statement about the cause or circumstances of believed imminent death.

Question 119: The Florida Legislature passes a comprehensive bill during its regular session. The bill, titled 'An act relating to public safety,' includes provisions that (1) increase the penalties for felony DUIs, (2) establish new training requirements for law enforcement officers, and (3) redirect funds from public education to build a new state prison. A citizens' group challenges the validity of the law. What is the strongest constitutional basis for their challenge?

The law violates the separation of powers doctrine by interfering with the executive branch's duty to manage prisons.
The law impairs the obligation of contracts by redirecting previously allocated funds.
The law is an unconstitutional special law because it only affects certain state agencies.
The law violates the single-subject rule as stated in the Florida Constitution. (Correct answer)

Correct answer: The law violates the single-subject rule as stated in the Florida Constitution.

Article III, Section 6 of the Florida Constitution requires that every law 'shall embrace but one subject and matter properly connected therewith.' This is known as the single-subject rule. A bill that addresses DUI penalties, officer training, and prison funding from education funds likely contains multiple, discordant subjects (criminal justice, law enforcement administration, and appropriations/education) under one title, making it vulnerable to a challenge for violating the single-subject rule.

Question 120: Under Florida's relocation statute, a parent seeking to move more than 50 miles from the child's principal residence must:

Relocate freely as the parent with majority time-sharing
Obtain permission only if the relocation is out of state
Obtain court approval or a written agreement from the other parent before relocating (Correct answer)
Notify the other parent in writing at least 30 days before the move

Correct answer: Obtain court approval or a written agreement from the other parent before relocating

Florida's relocation statute requires the relocating parent to obtain either court approval after a hearing or a written, signed agreement from the other parent before moving more than 50 miles.

Question 121: Which of the following correctly states the legal standard for insanity under Florida law?

Defendant did not know the nature of the act
Defendant did not know the act was wrong due to a mental disease or defect (Correct answer)
Defendant was under extreme emotional disturbance
Defendant lacked the capacity to form intent

Correct answer: Defendant did not know the act was wrong due to a mental disease or defect

Florida follows the M'Naghten rule under § 775.027, requiring that because of a mental disease or defect the defendant did not know the nature of the act or that it was wrong.

Question 122: Under Florida's pure comparative negligence rule, how is a plaintiff's damages award affected if the plaintiff is found 40% at fault?

Plaintiff recovers 40% of damages
Plaintiff recovers 60% of damages (Correct answer)
Plaintiff recovers full damages
Plaintiff recovers nothing

Correct answer: Plaintiff recovers 60% of damages

Florida applies pure comparative negligence, reducing the plaintiff's recovery by their percentage of fault, so a 40% at-fault plaintiff recovers 60% of total damages.

Question 123: Under Florida's best evidence rule (§ 90.952), when must the original writing, recording, or photograph be produced?

Whenever the document is mentioned at trial
Only when the document is over 10 years old
Only in criminal proceedings
To prove the content of the writing, recording, or photograph (Correct answer)

Correct answer: To prove the content of the writing, recording, or photograph

Florida § 90.952 requires production of the original when a party seeks to prove the content of a writing, recording, or photograph, subject to enumerated exceptions.

Question 124: During a criminal trial in Florida, but before the case is submitted to the jury, the prosecutor realizes the information incorrectly cites the statute number for the charged offense. The text of the information, however, clearly and accurately describes the elements of the correct offense. The prosecutor moves to amend the information to fix the statutory citation. The defense objects. How should the court rule?

Grant the motion, but the court must declare a mistrial and allow the state to refile the case with a corrected information.
Deny the motion, because any change to the charging document is per se prejudicial to the defendant.
Grant the motion, because an amendment that corrects a formal defect and does not prejudice the substantial rights of the defendant is permissible. (Correct answer)
Deny the motion, because an information cannot be amended after the trial has begun.

Correct answer: Grant the motion, because an amendment that corrects a formal defect and does not prejudice the substantial rights of the defendant is permissible.

Florida Rule of Criminal Procedure 3.140(o) provides that no information shall be dismissed on account of any defect in its form unless the court is of the opinion that it is so vague or indefinite as to mislead the accused and embarrass them in the preparation of a defense. An amendment to correct a scrivener's error, such as a wrong statutory citation, is generally considered a non-prejudicial amendment to a formal defect, especially when the body of the information provides the defendant with sufficient notice of the crime charged.

Question 125: Under Florida law, at what age is a juvenile automatically charged as an adult for certain serious violent felonies?

14 (Correct answer)
18
16
17

Correct answer: 14

Florida Statutes § 985.556 allows direct-file prosecution of juveniles as adults for certain serious felonies committed at age 14 or older.

Question 126: A married couple purchases a home in Florida, taking title as 'husband and wife.' Several years later, the husband, facing a personal financial crisis, attempts to convey his one-half interest in the property to his brother via a quitclaim deed to shield it from his individual creditors. The husband signs the deed, but the wife does not. What is the status of the title after this attempted conveyance?

The conveyance creates a joint tenancy with right of survivorship between the wife and the husband's brother.
The conveyance severs the tenancy by the entirety, and the wife and the brother now own the property as tenants in common.
The conveyance is valid, and the husband's brother now owns a one-half interest, holding the property as a tenant in common with the wife.
The husband and wife still own the property as tenants by the entirety, and the brother has no interest. (Correct answer)

Correct answer: The husband and wife still own the property as tenants by the entirety, and the brother has no interest.

In Florida, a conveyance to a husband and wife is presumed to create a tenancy by the entirety. A key feature of a tenancy by the entirety is that neither spouse can unilaterally convey or encumber their interest in the property without the other's consent. The property is owned by the marital unit, not by the individuals. Therefore, the husband's attempt to convey his interest without his wife's joinder on the deed is void and has no legal effect. The title remains with the husband and wife as tenants by the entirety.

Question 127: Under Florida's felony murder rule, which of the following is NOT one of the enumerated predicate felonies?

Robbery
Simple battery (Correct answer)
Burglary
Sexual battery

Correct answer: Simple battery

Florida's felony murder rule under § 782.04(1)(a)2 lists specific enumerated felonies; simple battery is not among them and cannot serve as a predicate for felony murder.

Question 128: According to the text, is the attorney subject to discipline?

No, because the attorney reasonably believed that the company’s disposal of the waste products was reasonably certain to cause substantial bodily harm. (Correct answer)
Yes, because the attorney received the information in confidence and was not permitted to reveal the information without the company’s consent.
Yes, because the company’s conduct was not intentional.
No, because the attorney reasonably believed that the president was pursuing an imprudent and immoral course of conduct.

Correct answer: No, because the attorney reasonably believed that the company’s disposal of the waste products was reasonably certain to cause substantial bodily harm.

Under the "two-dismissal rule," found in Federal Rule of Civil Procedure 41(a)(1)(B) and similar state rules, a second voluntary dismissal of a claim by the plaintiff operates as an adjudication on the merits. This means the plaintiff is barred from refiling the same claim again. Since the plaintiff has already voluntarily dismissed the complaint twice, they cannot successfully file it a third time.

Question 129: Under Florida law, what is the difference between judicial notice of adjudicative facts and legislative facts?

Legislative facts are conclusive on the jury; adjudicative facts are not
Only legislative facts may be judicially noticed
There is no difference — both are treated identically
Adjudicative facts relate to the specific case; legislative facts relate to law-making and policy and are not subject to § 90.202 (Correct answer)

Correct answer: Adjudicative facts relate to the specific case; legislative facts relate to law-making and policy and are not subject to § 90.202

Adjudicative facts (specific to the case) are governed by Florida § 90.201-90.203; legislative facts (informing law and policy) fall outside the scope of judicial notice rules.

Question 130: A limited partner in a Florida limited partnership (LP) is worried about the general partner's decisions. The limited partner begins attending weekly management meetings and frequently directs the general partner on how to negotiate contracts. A third-party supplier, who never dealt directly with the limited partner and was unaware of their involvement, is not paid by the LP and sues the limited partner personally. What is the limited partner's liability to the supplier?

The limited partner is fully liable as a general partner because she participated in the control of the business.
The limited partner is not personally liable for the LP's obligation. (Correct answer)
The limited partner is liable only if the supplier reasonably believed she was a general partner based on her conduct.
The limited partner is liable, but only up to the amount of her capital contribution.

Correct answer: The limited partner is not personally liable for the LP's obligation.

Under the Florida Revised Uniform Limited Partnership Act of 2005, a limited partner is not liable for the obligations of the limited partnership simply for participating in the management or control of the business. The former 'control rule,' which created liability for such participation, has been eliminated. A limited partner's liability shield is robust, and they are generally not liable for the entity's debts beyond their contribution, regardless of their participation in management, unless a separate legal basis (like a personal guarantee) exists.

Question 131: Which Florida statute provides immunity from civil liability for individuals who use deadly force in self-defense without a duty to retreat?

§ 776.013
§ 776.012 (Correct answer)
§ 784.045
§ 790.06

Correct answer: § 776.012

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

Florida Bar Examination

The Florida Bar Examination is a two-day test administered by the Florida Board of Bar Examiners (FBBE) assessing law graduates on Florida-specific procedural and substantive law plus the Multistate Bar Examination (MBE), covering civil procedure, constitutional law, criminal law, evidence, contracts, torts, and real property for applicants seeking admission to the Florida Bar.

200

Questions

360 min

Time Limit

68%

To Pass

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