Mixed Deck — All FBBE Topics Flashcards

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

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.

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?

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.

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?

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.

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?

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.

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

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.

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.

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

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.

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?

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.

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

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.

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

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.

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

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.

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

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.

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?

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.

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

Answer: 60 days

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

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

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.

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?

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.

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?

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.

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

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.

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

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.

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

Answer: 14

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