Florida Bar Exam
After the close of the pleadings both P and D made motions for summary
judgement. P's motion may be granted if..? correct answersIf 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 answersThe 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? correct
answersInadmissible 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
answersPartners 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? correct
answersThe 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 answersA 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? correct answersCasper 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 answersBill 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? correct answersThe 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
answersUpon 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? correct answersD 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
After the close of the pleadings both P and D made motions for summary
judgement. P's motion may be granted if..? correct answersIf 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 answersThe 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? correct
answersInadmissible 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
answersPartners 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? correct
answersThe 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 answersA 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? correct answersCasper 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 answersBill 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? correct answersThe 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
answersUpon 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? correct answersD 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
