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FBBE Florida Tort Law Flashcards

6 cards from real FBBE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 6 FBBE Florida Tort Law flashcards as text

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

    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.

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

    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.

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

    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.

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

    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.

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

    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.

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

    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.