FLORIDA JURISPRUDENCE EXAM
2024 DETAILED CORRECT ANSWERS
WITH RATIONALES CORRECT
VERIFIED ANSWERS FL LAW
FLORIDA BAR EXAM PREP GRADE A+
LAW SCHOOL CONTENT, FL CIVIL
PROCEDURE AND TORTS
Florida Jurisprudence Practice Exam
1. Under Florida law, which of the following best describes
the legal standard for establishing negligence in a personal
injury claim? A. The defendant acted with intentional
malice or reckless disregard for safety. B. The defendant
breached a duty of care owed to the plaintiff, and that
breach was the proximate cause of foreseeable damages. C.
The defendant failed to meet the highest possible standard
of professional conduct regardless of causation. D. The
plaintiff suffered emotional distress without requiring
proof of physical injury or duty. Correct Answer: B.
The defendant breached a duty of care owed to the
plaintiff, and that breach was the proximate cause
of foreseeable damages. Rationale: Florida
negligence law requires four elements: duty, breach,
causation (both actual and proximate), and damages.
Proximate cause limits liability to harms that were
reasonably foreseeable consequences of the breach.
Intentional malice (A) applies to intentional torts, not
negligence. Professional standards (C) apply only to
specialized professions, not general negligence.
, Emotional distress without physical impact (D) is
generally barred under Florida’s impact rule except in
limited statutory exceptions.
2. In Florida, what is the statute of limitations for filing a
medical malpractice lawsuit from the date of the incident?
A. One year B. Two years C. Four years D. Seven years
Correct Answer: B. Two years Rationale:
Florida Statute § 95.11(4)(b) establishes a two-year
statute of limitations for medical malpractice claims,
running from the time the incident is discovered or should
have been discovered with due diligence, but no more
than four years from the incident date (statute of repose).
Fraudulent concealment may extend this to seven years,
but the standard limitation is two years. One year (A)
applies to certain intentional torts. Four years (C) applies
to general negligence. Seven years (D) is the absolute
maximum under fraud exceptions, not the standard
period.
3. Which doctrine prevents a plaintiff from recovering
damages in Florida if they are found to be partially at fault
for their own injury? A. Contributory negligence
completely bars recovery. B. Pure comparative negligence
reduces recovery proportionally to the plaintiff’s
percentage of fault. C. Assumption of risk automatically
eliminates all liability. D. Joint and several liability holds
each defendant fully responsible regardless of fault
allocation. Correct Answer: B. Pure comparative
negligence reduces recovery proportionally to the
plaintiff’s percentage of fault. Rationale: Florida
follows pure comparative negligence under F.S. § 768.81,
meaning a plaintiff can recover even if 99% at fault, with
damages reduced by their fault percentage. Contributory
negligence (A) was abolished in Florida decades ago.
Assumption of risk (C) is merged into comparative fault
, analysis rather than being an absolute bar. Joint and
several liability (D) has been largely eliminated in
Florida; defendants are now liable only for their
apportioned share except in specific circumstances
involving insolvent defendants or high-fault plaintiffs.
4. What is the primary purpose of Florida’s pre-suit notice
requirement in medical malpractice cases? A. To allow
hospitals to settle claims before litigation begins. B. To
mandate informal discovery and expert review before
filing suit, encouraging settlement and reducing frivolous
lawsuits. C. To require plaintiffs to obtain court approval
before suing any healthcare provider. D. To extend the
statute of limitations indefinitely until notice is given.
Correct Answer: B. To mandate informal
discovery and expert review before filing suit,
encouraging settlement and reducing frivolous
lawsuits. Rationale: F.S. § 766.106 requires 90-day
pre-suit notice with corroborating expert opinion to
verify reasonable grounds for belief of malpractice. This
facilitates early evaluation, potential settlement, and
screening of non-meritorious claims. Settlement
encouragement (A) is a goal but not the sole statutory
purpose. Court approval (C) is not required; notice goes
to providers/insurers. Notice tolls the statute for 90 days
plus extensions, but does not extend it indefinitely (D).
5. Under Florida premises liability law, what duty does a
property owner owe to an invitee? A. No duty beyond
avoiding willful misconduct. B. Duty to warn of known
dangers and maintain the property in a reasonably safe
condition. C. Duty to inspect and eliminate all possible
hazards regardless of foreseeability. D. Same duty as owed
to trespassers. Correct Answer: B. Duty to warn
of known dangers and maintain the property in a
, reasonably safe condition. Rationale: Invitees
(business visitors/public invitees) receive the highest duty
of care: reasonable inspection, maintenance, and
warning of concealed perils. Willful misconduct only (A)
applies to undiscovered trespassers. Eliminating all
hazards (C) imposes strict liability, which Florida rejects
for premises liability. Trespasser duties (D) are minimal
and distinct. The invitee standard balances property
rights with public safety expectations in
commercial/social contexts.
6. What constitutes “sovereign immunity” waiver limits for
tort claims against Florida government entities under
current law? A. Unlimited liability for all governmental
torts. B. $200,000 per person and $300,000 per incident
unless legislature approves larger claim bill. C. $100,000
per person with no aggregate cap. D. Complete immunity
with no waiver for any tort claims. Correct Answer:
B. $200,000 per person and $300,000 per
incident unless legislature approves larger claim
bill. Rationale: F.S. § 768.28 waives sovereign
immunity up to statutory caps ($200k individual/$300k
aggregate) for torts committed within scope of
employment. Exceeding caps requires legislative claim
bill approval. Unlimited liability (A) contradicts
constitutional immunity principles. Lower/no-cap
structures (C) don’t reflect current statutes. Complete
immunity (D) ignores statutory waiver enacted in 1973.
These caps balance accountability with fiscal protection
of public funds.
7. In Florida contract law, what is required for a valid
modification of an existing contract? A. Written
amendment signed by both parties always. B. Mutual
assent and consideration, unless UCC goods contract
where good faith modification needs no new
2024 DETAILED CORRECT ANSWERS
WITH RATIONALES CORRECT
VERIFIED ANSWERS FL LAW
FLORIDA BAR EXAM PREP GRADE A+
LAW SCHOOL CONTENT, FL CIVIL
PROCEDURE AND TORTS
Florida Jurisprudence Practice Exam
1. Under Florida law, which of the following best describes
the legal standard for establishing negligence in a personal
injury claim? A. The defendant acted with intentional
malice or reckless disregard for safety. B. The defendant
breached a duty of care owed to the plaintiff, and that
breach was the proximate cause of foreseeable damages. C.
The defendant failed to meet the highest possible standard
of professional conduct regardless of causation. D. The
plaintiff suffered emotional distress without requiring
proof of physical injury or duty. Correct Answer: B.
The defendant breached a duty of care owed to the
plaintiff, and that breach was the proximate cause
of foreseeable damages. Rationale: Florida
negligence law requires four elements: duty, breach,
causation (both actual and proximate), and damages.
Proximate cause limits liability to harms that were
reasonably foreseeable consequences of the breach.
Intentional malice (A) applies to intentional torts, not
negligence. Professional standards (C) apply only to
specialized professions, not general negligence.
, Emotional distress without physical impact (D) is
generally barred under Florida’s impact rule except in
limited statutory exceptions.
2. In Florida, what is the statute of limitations for filing a
medical malpractice lawsuit from the date of the incident?
A. One year B. Two years C. Four years D. Seven years
Correct Answer: B. Two years Rationale:
Florida Statute § 95.11(4)(b) establishes a two-year
statute of limitations for medical malpractice claims,
running from the time the incident is discovered or should
have been discovered with due diligence, but no more
than four years from the incident date (statute of repose).
Fraudulent concealment may extend this to seven years,
but the standard limitation is two years. One year (A)
applies to certain intentional torts. Four years (C) applies
to general negligence. Seven years (D) is the absolute
maximum under fraud exceptions, not the standard
period.
3. Which doctrine prevents a plaintiff from recovering
damages in Florida if they are found to be partially at fault
for their own injury? A. Contributory negligence
completely bars recovery. B. Pure comparative negligence
reduces recovery proportionally to the plaintiff’s
percentage of fault. C. Assumption of risk automatically
eliminates all liability. D. Joint and several liability holds
each defendant fully responsible regardless of fault
allocation. Correct Answer: B. Pure comparative
negligence reduces recovery proportionally to the
plaintiff’s percentage of fault. Rationale: Florida
follows pure comparative negligence under F.S. § 768.81,
meaning a plaintiff can recover even if 99% at fault, with
damages reduced by their fault percentage. Contributory
negligence (A) was abolished in Florida decades ago.
Assumption of risk (C) is merged into comparative fault
, analysis rather than being an absolute bar. Joint and
several liability (D) has been largely eliminated in
Florida; defendants are now liable only for their
apportioned share except in specific circumstances
involving insolvent defendants or high-fault plaintiffs.
4. What is the primary purpose of Florida’s pre-suit notice
requirement in medical malpractice cases? A. To allow
hospitals to settle claims before litigation begins. B. To
mandate informal discovery and expert review before
filing suit, encouraging settlement and reducing frivolous
lawsuits. C. To require plaintiffs to obtain court approval
before suing any healthcare provider. D. To extend the
statute of limitations indefinitely until notice is given.
Correct Answer: B. To mandate informal
discovery and expert review before filing suit,
encouraging settlement and reducing frivolous
lawsuits. Rationale: F.S. § 766.106 requires 90-day
pre-suit notice with corroborating expert opinion to
verify reasonable grounds for belief of malpractice. This
facilitates early evaluation, potential settlement, and
screening of non-meritorious claims. Settlement
encouragement (A) is a goal but not the sole statutory
purpose. Court approval (C) is not required; notice goes
to providers/insurers. Notice tolls the statute for 90 days
plus extensions, but does not extend it indefinitely (D).
5. Under Florida premises liability law, what duty does a
property owner owe to an invitee? A. No duty beyond
avoiding willful misconduct. B. Duty to warn of known
dangers and maintain the property in a reasonably safe
condition. C. Duty to inspect and eliminate all possible
hazards regardless of foreseeability. D. Same duty as owed
to trespassers. Correct Answer: B. Duty to warn
of known dangers and maintain the property in a
, reasonably safe condition. Rationale: Invitees
(business visitors/public invitees) receive the highest duty
of care: reasonable inspection, maintenance, and
warning of concealed perils. Willful misconduct only (A)
applies to undiscovered trespassers. Eliminating all
hazards (C) imposes strict liability, which Florida rejects
for premises liability. Trespasser duties (D) are minimal
and distinct. The invitee standard balances property
rights with public safety expectations in
commercial/social contexts.
6. What constitutes “sovereign immunity” waiver limits for
tort claims against Florida government entities under
current law? A. Unlimited liability for all governmental
torts. B. $200,000 per person and $300,000 per incident
unless legislature approves larger claim bill. C. $100,000
per person with no aggregate cap. D. Complete immunity
with no waiver for any tort claims. Correct Answer:
B. $200,000 per person and $300,000 per
incident unless legislature approves larger claim
bill. Rationale: F.S. § 768.28 waives sovereign
immunity up to statutory caps ($200k individual/$300k
aggregate) for torts committed within scope of
employment. Exceeding caps requires legislative claim
bill approval. Unlimited liability (A) contradicts
constitutional immunity principles. Lower/no-cap
structures (C) don’t reflect current statutes. Complete
immunity (D) ignores statutory waiver enacted in 1973.
These caps balance accountability with fiscal protection
of public funds.
7. In Florida contract law, what is required for a valid
modification of an existing contract? A. Written
amendment signed by both parties always. B. Mutual
assent and consideration, unless UCC goods contract
where good faith modification needs no new
