Florida Bar Exam Questions And Correct
Answers.
After the close of the pleadings both P and D made motions for summary judgement. P's
motion may be granted if..? - 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? - Answer The statement that the victim was
shot is admissible and the statement that D tried to steal V's watch is inadmissible.
Hypo:
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? - 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? - 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:
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
, 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? - 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.
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? - 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? - 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.
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? - 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? - 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 motion was filed. What should happen now? -
Answer D should be brought to trial within 10 days of the hearing on the motion to discharge.
Answers.
After the close of the pleadings both P and D made motions for summary judgement. P's
motion may be granted if..? - 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? - Answer The statement that the victim was
shot is admissible and the statement that D tried to steal V's watch is inadmissible.
Hypo:
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? - 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? - 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:
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
, 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? - 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.
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? - 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? - 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.
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? - 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? - 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 motion was filed. What should happen now? -
Answer D should be brought to trial within 10 days of the hearing on the motion to discharge.
