FLORIDA BAR EXAM QUESTIONS AND ACCURATE
ANSWERS
After the close of the pleadings both P and D made motions for summary judgement.
P's motion may be granted if..? - Answers - 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? - Answers - 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? - Answers - 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? - Answers - 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 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? - Answers -
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? - Answers - 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? - Answers - 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? - Answers - 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? - Answers - 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? - Answers - 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? - Answers - 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...? -
ANSWERS
After the close of the pleadings both P and D made motions for summary judgement.
P's motion may be granted if..? - Answers - 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? - Answers - 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? - Answers - 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? - Answers - 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 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? - Answers -
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? - Answers - 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? - Answers - 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? - Answers - 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? - Answers - 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? - Answers - 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? - Answers - 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...? -
