Florida Bar Exam
1. After the close of the pleadings both P and D made motions for summary
judgement. P's motion may be granted if.. Ans : 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.
2. 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 Ans : The
statement that the victim was shot is admissible and the statement that D tried to
steal V's watch is inadmissible.
3. Hypo:
After a physician testifies to V's dying declaration, the State offers into ev- idence
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 Ans : Inadmissible because it is
hearsay without an exception.
4. How will profits be shared in a general partnership where the partners have
,agreed only on voting percentage and the voting shares are unequal Ans : Part-
ners share equally.
Even though they have different voting percentage and different voting shares, the
partners share equally (unless they agree on something different).
5. 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 Ans : The jury was allowed to go home after beginning
deliberations.
, 6. 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 Ans : 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.
7. 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 Ans : 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.
8. 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 Ans : Bill can bin
the partnership by his act.
Pete will be unable to get out of the contract because Bill can bind the partnership.
9. State of FL is prosecuting former cop for extortion of money from prosti- tutes.
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
1. After the close of the pleadings both P and D made motions for summary
judgement. P's motion may be granted if.. Ans : 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.
2. 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 Ans : The
statement that the victim was shot is admissible and the statement that D tried to
steal V's watch is inadmissible.
3. Hypo:
After a physician testifies to V's dying declaration, the State offers into ev- idence
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 Ans : Inadmissible because it is
hearsay without an exception.
4. How will profits be shared in a general partnership where the partners have
,agreed only on voting percentage and the voting shares are unequal Ans : Part-
ners share equally.
Even though they have different voting percentage and different voting shares, the
partners share equally (unless they agree on something different).
5. 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 Ans : The jury was allowed to go home after beginning
deliberations.
, 6. 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 Ans : 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.
7. 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 Ans : 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.
8. 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 Ans : Bill can bin
the partnership by his act.
Pete will be unable to get out of the contract because Bill can bind the partnership.
9. State of FL is prosecuting former cop for extortion of money from prosti- tutes.
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
