Florida Bar Exam Questions and Answers (Latest Update 2024), Exams of Nursing

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After the close of the pleadings both P and D made motions for summary judgement. P's motion may be granted if..?- Correct Answer ✅If P's proofs submitted in support of her motion are not contradicted and if P's proofs show that no genuine issue of material fact exists. Summary judgement will be granted even if D's answer denied P's complaint. Hypo: D is on trial for first degree murder and attempted armed robbery. At trial, the State calls the emergency room physician to testify that the Victim told him that "D tried to steal his gold watch and shot him." The defense objects to the testimony saying both parts of it are inadmissible hearsay. How should that court rule?- Correct Answer ✅The statement that the victim was shot is admissible and the statement that D tried to steal V's watch is inadmissible. Hypo:

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After a physician testifies to V's dying declaration, the State offers into evidence a copy of the report of the investigating police officer setting forth the officer's observations at the scene of the crime. The defense objects stating that it is inadmissible hearsay. How should the court rule?- Correct Answer ✅Inadmissible because it is hearsay without an exception. How will profits be shared in a general partnership where the partners have agreed only on voting percentage and the voting shares are unequal?- Correct Answer ✅Partners share equally. Even though they have different voting percentage and different voting shares, the partners share equally (unless they agree on something different). Hypo:

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D was charged with grand theft. On Thursday the Jury was impaneled, sworn and released the same day. Trial then began Monday because Friday was a holiday. The trial took most of Monday and by the evening the judge instructed the jury. The jury was then sequestered for the evening so that they could begin deliberations the following morning. The jury was unable to reach a verdict on Tuesday and the judge then allowed them to go home for the evening. On Wednesday morning, the jury assembled and returned a guilty verdict. What is D's best argument on seeking a reversal?- Correct Answer ✅The jury was allowed to go home after beginning deliberations. Pam had two sons, A and B, before marrying her husband C. She then made a will leaving half her estate to "my husband, C" and 1/4 each to A and B. Pam and C then divorce, but Pam never makes a new will. Pam dies and is survived by A, B, C and her father D. How should her estate be distributed?- Correct Answer ✅A and B (Pam's sons) will each take one- half of Pam's estate because Pam' will is void only as it affects her husband, C.

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Casper is suing Dave for money damages. Casper's attorney intends to read parts of Dave's deposition at trial instead of calling Dave to the stand. Dave objects to Casper's use of the deposition at trial. What is the court's likely ruling?- Correct Answer ✅Casper may use the deposition at trial, but if requested, he must read all parts that in fairness ought to be considered with the part introduced. Hypo: Pete is an active partner and Bill is the silent partner in a general partnership called "Pete Plumbing". After being uninvolved in the management for 5 years, Bill buys 200 toilets for the business. Pete is very angry because it will take years for them to sell that many toilets. If Pete asks you for advice, what do you tell him?- Correct Answer ✅Bill can bind the partnership by his act. Pete will be unable to get out of the contract because Bill can bind the partnership.

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State of FL is prosecuting former cop for extortion of money from prostitutes. One of the witness's for the State is Molly. Molly has an adult conviction for vehicular homicide. She pleaded nolo contendere, was adjudicated guilty, and received a suspended sentence, although she could have received a sentence of imprisonment for up to 5 years. At trial, should the court allow for the conviction to be admissible and why/why not?- Correct Answer ✅The conviction is admissible to impeach Molly because the crime carries a maximum penalty in excess of 1 year. When can a defendant charged with 1st degree murder be furnished with a list containing names/addresses of all prospective jurors?- Correct Answer ✅Upon request. Don't have to show good cause, just request it. Does not need to be a court order. D was arrested Feb 1st and released one month later on March 1, after being charged with a felony. On Dec 1st, D filed a motion to discharge since no trial or other action had occurred to that point. Court held hearing 3 days after the

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motion was filed. What should happen now?- Correct Answer ✅D should be brought to trial within 10 days of the hearing on the motion to discharge. At trial, during P's case-in-chief, P calls as a witness the managing agent of the defendant corporation. Defense counsel objected to P's questions either as leading or as impeaching the witness. In ruling on the objections, the trial court should...?- Correct Answer ✅Overrule the objections because the witness is adverse to P and therefore may be interrogated by leading questions and subjected to impeachment. Mark and Drew are in car crash. Mark approaches Drew before trial and tells her that he ran the red light and offers to settle the claim for $1,000. Drew refuses to accept offer. At trial, Drew's attorney wants to call his client to the stand to ask her if Mark ever made any offers to settle the dispute. If Mark's counsel objects, how should the trial court rule?- Correct Answer ✅Sustain the objection because offers to compromise a claim are inadmissible to prove liability.

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Tim and Lulu had three adult children. After a divorce, Tim believes Lulu was going to disinherit their son, Bud. Tim executed a new will that provided bequests for all three children, but also stated, "in the event my ex-wife, Lulu, revokes her will in existence on the date of our divorce, I leave my entire estate to my son, Bud." Lulu then revoked her will but she did not disinherit Bud. At Tim's death, what distribution should be made and why?- Correct Answer ✅Tim's entire estate goes to Bud because Lulu revoked her will and the provision regarding that event controls distribution. Ark Corp has 1000 outstanding shares of voting common stock and 1000 shares of nonvoting preferred. The preferred has a liquidation preference equal to its par value of $100 per share plus 3% noncumulative dividend. Ark Corp submits to its stockholders a proposal to authorize a new class of preferred stock with redemption rights that would come ahead of the old preferred stock. At a SH meeting, 700 common and 400 preferred vote in favor of the proposal. What is the outcome of the vote on the proposal?- Correct Answer ✅The proposal is invalidly approved because a majority of the preferred shareholders did not approve.

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In the absence of a provision to the contrary in the articles of incorporation, the directors of a corporation elected for a specified term may be removed from office when...?- Correct Answer ✅Can be removed from office at a meeting of the shareholders, with or without cause D was charged with second-degree misdemeanor of petit theft and was issued a notice to appear in the county courthouse the following week. D complied and asked to judge to appoint him a lawyer. The judge found D to be indigent. Under what circumstances could the judge deny D appointment of counsel?- Correct Answer ✅Judge does not need to appoint D a lawyer if the judge states in writing that D will not go to jail at all if convicted. Before H and W got married, H signed agreement waiving "all claims" to W's estate. H received advice of counsel prior to signing the agreement. After W dies, H learns of $1,000, worth of stock W owned. W's validly executed will leaves her entire estate to her mother. Is H entitled to any of W's estate?- Correct Answer ✅H is not entitled to any share of W's estate.

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Bob borrows $20,000 from Ted to open a tool store. Ted's only interest in the business is repayment of the loan. Bob is so happy he names his business "Bob and Ted Tools" and purchased signs and advertising with that name. Bob also listed Ted as partners on his stationary. When Ted found out he was overjoyed and lowered the interest rate on the loan her gave Bob. A few weeks later the store buys goods from Pete. Pete didn't know the true situation about Bob and Ted' relationship when he sold the goods to the store. If Pete is unable to recover from the store (meaning the store fails to pay Pete), who can he recover from?- Correct Answer ✅Pete can recover from Bob and/or Ted. Bob and Ted are jointly liable. During a deposition upon oral examination, may a party's counsel instruct a deponent not to answer a question if the question asks for hearsay testimony that would be inadmissible at a trial?- Correct Answer ✅No. Deponent still has to answer.

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During a deposition upon oral examination, may a party's counsel instruct a deponent not to answer a question if the question asks the deponent for an opinion concerning the ultimate legal issue in the case?- Correct Answer ✅No. Deponent still has to answer. During a deposition upon oral examination, may a party's counsel instruct a deponent not to answer a question if the question asks for evidence protected by a privilege?- Correct Answer ✅Yes. Deponent doesn't have to answer if privilege protection applies. Bill owns pasture land and a condominium. In his will he leaves the pasture land to his Son and the condo to his Daughter. All other assets were to be divided equally between the two of them. Bill meets Kate and she signs valid prenup that relinquishes all her rights in Bill's assets. However, after their wedding Kate sees the Condo and loves it. Bill then devises the Condo

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to him and Kate at tenants by the entirety and they plan to move in when the current tenant vacate. Bill dies the next day. How should Bill's assets be distributed?- Correct Answer ✅Kate gets the condo regardless of prenup agreement. Son gets the pasture land. Son and Daughter split the rest of the estate equally. Amy dies without a will. She was a widower who had two children, a Son and a Daughter who both predeceased her. The Son i survived by one adult child, Grandson. The Daughter is survived by two minor children, Granddaughter 1 and Granddaughter 2. How should Amy's estate be distributed?- Correct Answer ✅Grandson should received one-half of Amy's estate. Granddaughter's should each received 1/4 of Amy's estate. Under Florida law, intestate property is distributed per stirpes. Florida applies a strict stirpes rule, meaning that shares are always divided at the first generational level, even if there are no living takers at that level.

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P is suing D in a products liability action after P suffered injuries from D's product. At trial, D sought to introduce a calmly stated statement made by P's friend to a paramedic that "P had been heavily drinking when the accident occurred." D's counsel believes it should be admitted because it falls under the hearsay exception of being made for medical diagnosis/treatment. What is P's best argument in favor that the exception doesn't apply?- Correct Answer ✅The statement made by P's friend. (Who didn't have legally responsibility over P) The Florida Evidence Code allows for a statement made by someone other than the patient to qualify under the medical diagnosis hearsay exception, but only in the situation where the person has knowledge of the facts and is legally responsible for the person being treated. That doesn't apply in this case. A cop arrests Dave for a felony pursuant to a warrant. However, the warrant was not signed by the issuing judge as required under FL's Rules of Criminal Procedure. What is the effect of this error?- Correct Answer ✅The man may

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continued to be detained and the defect in the arrest warrant may be corrected. An arrest warrant does not have to be dismissed and the person in custody does not have to be release solely due to a defect at to the form of the warrant. A judge may amend the warrant to remedy any such defect. In 2010, Jane executed a will naming her Nephew as sole beneficiary. In 2012, Jane and Nephew had a falling out. In 2013, Jane executed another will naming her Niece as sole beneficiary. There was no statement in the second will regarding the first will or regarding if the first will was revoked. Jane died a year later and was survived by both her Nephew and Niece. How should Jane's property be distributed?- Correct Answer ✅Property goes to the Niece. A will may be revoked wholly or partially by subsequent writings. D is on trial for aggravated assault and admitted to hitting the Victim. D claims he was acting in self defense, and

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introduces evidence that the Victim is a physically aggressive person. What may the prosecution introduce evidence of?- Correct Answer ✅The victim's character as a non-violent person. May not introduce evidence of D's violent character. FL is DIFFERENT here than the federal rules. The defense introducing evidence of the victim's bad character does NOT open the door to evidence about D's character. Only opens the door for the prosecution to admit evidence about the victim's good character. John killed his father Joe and was convicted of murder. John and Joe owned property in joint tenancy with right of survivorship. By will, Joe left all his property to his daughter, Amy. John, who has no will, has one child, Danny. Who owns the property now?- Correct Answer ✅Under FL's slayer statute, a joint tenant who unlawfully and intentionally kills another joint tenant effect a severance of the interest of the decedent (meaning it ends right of survivorship).

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If the statute applies, then John owns a half interest in the property as tenant in common with Amy, who owns the other half as per Joe's will. Every arrested person must be taken before a judicial offers within ___ hours of arrest unless previously lawfully released.- Correct Answer ✅24 hours. D was arrest June 9 and charged with a felony. The next day an information as filed against her. The first time she was brought before a judge was June 12, at which time she was appoint an attorney. What may the defendant's attorney obtain?- Correct Answer ✅Suppression of all statements made during the period of delay in presenting D to the judge. Charges would not be dismissed due to failure to present D for first appearance. Man validly executes will devising a family heirloom to his nephew. However, later he wishes to rescind the provision and tells his nephew in front of two witnesses that he was not leaving him to the heirloom. The man then lined through that

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provision in his will and initialed next to it. The next day, the man drafted and signed a statement that the heirloom was going to his niece instead. Upon the man's death, the will could not be located by an unexecuted copy was found. What is the strongest evidence that the heirloom should not go to the niece?- Correct Answer ✅Strongest evidence is that the original will could not be found after the man's death, only a copy could be found. There is a rebuttable presumption of revocation when a will cannot be found after the testator's death and the will was last seen in his possession. A will provision cannot be orally revoked. Florida also does not recognize partial revocation of will by crossing out part of the will. Additionally, a subsequent writing will not revoke a will unless it is executed with the same formalities as those required for a will (signed in presence of two witnesses). An elderly victim of sexual assault was traumatized after the incident and could not discuss it without sever emotional distress. The prosecutor wants the victim's son to testify

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about an unsolicited statement made by the elderly victim a month after the attack stating the identity of the attacker. Which hearsay exception would most likely apply?- Correct Answer ✅A statement by an elderly or disabled adult exception. Florida recognizes this type of exception when (i) P notifies D no later than 10 days before trial, (ii) the court finds that there are sufficient safeguards of reliability with regard to the statement, and (iii) when the declarant doesn't testify, there MUST be corroborative evidence. A FL corporation sued a Missouri company in Duval county court for breach of contract because the Missouri company shipped defective goods to Florida. The FL's corp's main office and manufacturing plant are located in St. John's county. The complaint alleges $12,000 in damages and was served on the VP of the Missouri company in that state. Which defense could the Missouri company successfully raise regarding the court in which the lawsuit was filed?- Correct Answer ✅Improper venue

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An action against a foreign corp doing business in FL must be brought in a county in which such corp has an agent or other representative, in which the cause of action accrued, or in which the property is located. Tony has two adult children, Son and Daughter. Tony makes a valid will leaving all his property to Son. He gives copy of will to Son and gives original to Daughter. Tony has falling out with Son and emails Daughter that he wants her to have all his property and tells her to destroy the original will. Daughter does as he says. Later Tony dies. Son provides his copy of the will to the administrator of Tony's estate. How should Tony's estate be distributed?- Correct Answer ✅Son should get entire estate in accordance with the terms of Tony's will. A third party can revoke a will on behalf of the testator as long as the revocation is at the testator's direction and in the presence of the testator. In this case, Tony was not present when Daughter destroyed the will, so the revocation is ineffective.

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In an eminent domain action brought by the City of Tampa, the city attorney timely filed a motion to recuse the judge. The action claimed that the judge's husband is the first cousin of the owner of the property subject to the action. The motion did not otherwise allege that this relationship would prejudice the judge's actions. What should the judge do?- Correct Answer ✅The judge is required to recuse herself because of her relationship to the owner of the property. A judge is required to recuse herself when she is related to an individual who is interested in the result of an action by consanguinity or affinity within the third degree. A first cousin falls into that categorization. The relationship rule applies to individuals related by blood and by marriage. Mike and Wendy are a married couple with have no children together but each had a child from a prior marriage. Mike owned lot 1 and Wendy owned lot 2 before the marriage. Once married, they made a joint will stating that upon the

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death of the first spouse, the survivor would receive a life estate in the decedent's property with a remainder in the decadent's child. Once the surviving spouse died, all property would pass in equal parts to Wendy's Son, West, and to Mike's Daughter, Milly. Mike then dies. Wendy then revokes the joint will and executes a second will leaving everything to West. Upon Wendy's death, Lot 1 (Mike's original lot) will be passes to who?- Correct Answer ✅To Milly based on the joint will. Wendy has only a life estate in lot 1 and cannot pass it through her will. Her life estate terminates upon death. Right before his death, a man told his son "I'm dying, till Jake I hid the money from the heist in the secret place. He will know what you mean." Jake has been charged with robbery and the prosecutor wants to have the son testify about what his father said to him. The defense objects stating that the statement is hearsay. What should the court do?- Correct Answer ✅Should NOT admit the statement because it does not relate to the cause or circumstances of the man's death.

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For a dying declaration to be admissible, the statement must relate to the cause or circumstances of the declarant's death. Dad pays off debt owed by Daughter. At the time, Dad told daughter that the payment served as an advancement on her inheritance. A year later, daughter signed statement acknowledging that the payment was an advancement on her inheritance. Daughter dies shortly later. Father then dies, survived by several grandchildren, including the daughter's son. Father left no writing with regard to his payment of his daughter's debt. Should the $5,000 he gave his daughter be taken into account in determining how much of the father's estate goes to the grandson (daughter's son)? Why/why not?- Correct Answer ✅No because the daughter's acknowledgement of the advancement did not indicate to bound her heirs. Property given as an advancement on heir's share of the estate is only valid if it is declared in a contemporaneous writing by the decedent or acknowledged in writing by the heir.

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So daughter would be bound by the acknowledgement but not her son (the father's grandson/heir) In a medical malpratice suit against a dentist for damages caused by her alleged negligent administering of anesthetic, the dentist sought to testify about her routine procedure for administering anesthetics as proof she used the same procedure when treating the patient. Should the judge allowed for the dentist to testify to her routine procedure? Why/why not?- Correct Answer ✅Yes, if this testimony is corroborated by other evidence. Evidence of a person's habit is admissible to prove conduct in conformity with that habit on a particular occasion. A habit is a person's particular routine reaction to a specific set of circumstances. In FL, habit evidence is admissible if corroborate with other evidence that shows the habit occurred at the relevant time, however it is inadmissible as direct evidence without corroboration.

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On October 1, P filed complaint against D for negligence. P then sent copy of complaint to D, by certified mail with a return receipt requested, along with a request that D waive service of a summons. On October 4, D received the documents. On October 15, D returned a signed waiver of service to P. How long does D have to respond to the complaint?- Correct Answer ✅No later than 60 days after October 4th. A defendant who timely returns a requested waiver of process before being served is not required to respond to the complaint until 60 days after the date that the defendant receives the request for waiver of service. During D's trial for felony theft, D does not testify. Can D call a witness to testify about D's honesty?- Correct Answer ✅Yes, D can call a witness to testify as to D's REPUTATION for honesty to show he acted in conformance with that character trait in regard to the incident in question.

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The family of Johnny initiated a wrongful death action against D, after D killed Johnny in a hit-and-run accident. At Johnny's funeral, D sent a flowers with a note saying "Please send me Johnny's medical bills. I will never drink alcohol again. signed D". There was no prior relationship between Johnny and D before the accident. The could should admit or not admit which portions of the note?- Correct Answer ✅Admit the statement "I will never drink again" as an admission that D had been drinking. Should not admit medical bills portion because an offer to pay medical expenses resulting from an injury is not admissible to prove liability for the injury. A photograph of the flowers should not be admitted because in Florida an expression of sympathy or compassion relating to the death of a person made to that person or to that person's family is not admissible in a civil action. A few years ago, Husband named his Wife as the sole beneficiary of his life insurance policy. Husband and Wife have one child, Son. Six months ago the couple divorced. A

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week ago Husband died intestate and is survived by his only child, Son. Wife (now ex-wife) is still alive. The proceeds of Husband's life insurance will go to..?- Correct Answer ✅Entirely to Son under Florida intestacy rules. Under FL law, if a decedent's marriage is judicially dissolved prior to his death, then any designation made by the decedent providing for the payment or transfer at death of an interest in an asset to or for the benefit of the decedent's former spouse is void D was arrested and charge with manslaughter, a second degree felony punishable by a maximum of 15 years in prison. What should happen in regards to D pre-trial release?- Correct Answer ✅D is entitled to be released upon reasonable conditions. Unless D is charged with a capital offense or an offense punishable by life imprisonment, and the proof of guilt is evident of the presumption is great, then D is entitled to pretrial release upon reasonable conditions.