Florida Bar Exam Questions Fully
Answered.
If the defendant is in custody for any offense, the determination of whether probable cause
exists must be made: - Answer within 48 hours of arrest. The state is permitted to two 24-hour
extensions, for good cause. (total maximum of 96 hours)
The trustees of a business trust are usually held personally liable to trust creditors. - Answer
However, contractual exculpatory clauses negating the trustees' personal liability and relegating
creditors to the trust assets are quite common and are generally held valid. Even absent such
clauses, however, when a trustee is found liable, she is usually entitled to indemnification from
the trust, and judgment creditors of the trustee may have an equitable derivative right to
enforce the trustee's indemnification rights for their own benefit.
All partners are jointly and severally liable for all obligations of the partnership, whether the
obligations arise in contract or tort. Thus, an action may be brought against one or more of the
partners or the partnership. A judgment against a partnership, however, is not itself a judgment
against a partner. - Answer A judgment is not personally binding on a partner unless he has
been served. To reach a partner's personal assets, there also must be a judgment against the
partner. It can't be filed against the partnership only.
Florida requires that two standards be passed in order for a payment of dividends to be proper:
- Answer the equity test and the balance sheet test, allowing the corporation to pay its debts
as they become due and is the amount by which the total corporate assets exceed the total
liabilities. (Income plus capital minus debts)
If two or more offenses triable in the same court are based on the same or connected acts or
transactions, they may be joined as separate counts in the same indictment or information. -
Answer However, if multiple charges are properly joined, the defendant has a right to
severance if he can show that severance is proper to fairly determine guilty or innocence on
each charge or is necessary for a fair determination on each offense.
If a will that was last seen in the testator's will or control cannot be found after the testator's
death, a presumption arises that the will was revoked; i.e., the reason the will cannot be located
is that the testator destroyed it with the intent to revoke. - Answer To overcome the
presumption of revocation, evidence of a competent and substantial nature is required. If the
presumption of revocation is overcome by proof that the testator did not intend to revoke the
will, Florida permits probate of a lost or destroyed will provided that a strict evidentiary test is
met. The specific content of the will must be proved by the testimony of two disinterested
, was her will, and that the testator and the witnesses all signed in the presence of each other,
present at the same time. The self-proving affidavit serves the same function as a deposition or
interrogatory. It is a method by which the witnesses' sworn testimony can be secured at the
time the will is executed, eliminating the need to track down the witnesses and arrange for their
testimony in probate court after the testator's death.
A will drafted in a foreign language will: - Answer be accepted as long as an English translation
is provided for the court.
While a formal attestation clause in a will is not required, presence of such a clause gives rise to
a presumption that the will was executed in conformity with the recitations in the clause. -
Answer This presumption may be rebutted by competent testimony of witnesses. Sworn
testimony of a subscribing witness of a will that contradicts the plain language of will's
attestation clause may be sufficient to rebut the presumption that the will was properly
executed that arises by virtue of attestation clause.
Additional general partners can be admitted as provided in writing in the partnership
agreement or, - Answer if the partnership agreement does not provide in writing for the
admission of additional general partners, with the written consent of all partners.
Where a proposed amendment to the articles of incorporation would adversely affect the rights
of a class of shareholders, - Answer those shareholders are entitled to vote as a group on the
amendment even if they belong to a nonvoting class.
Florida and federal banks, savings and loans, and other trust companies authorized to exercise
fiduciary powers may serve as personal representatives in Florida. If the decedent left a will, the
order of preference for appointment as personal representative is: - Answer (i) the person
nominated in the will; (ii) the person selected by a majority in interest of the persons entitled to
the estate; and (iii) a devisee under the will.
When a decedent is not survived by minor children and the surviving spouse has waived
homestead rights, there is no constitutional restriction on devising homestead property. -
Answer The homestead exemption from forced sale by creditors in article X, section 4, inures
to the surviving spouse or heirs of the owner. This provision allows a testator with no surviving
spouse or minor children to choose to pass by will the homestead property with its
accompanying protection from creditors to any family member within the class of persons
categorized in the intestacy statute.
How many peremptory challenges does each side get for capital or life felonies? - Answer 10.
Answered.
If the defendant is in custody for any offense, the determination of whether probable cause
exists must be made: - Answer within 48 hours of arrest. The state is permitted to two 24-hour
extensions, for good cause. (total maximum of 96 hours)
The trustees of a business trust are usually held personally liable to trust creditors. - Answer
However, contractual exculpatory clauses negating the trustees' personal liability and relegating
creditors to the trust assets are quite common and are generally held valid. Even absent such
clauses, however, when a trustee is found liable, she is usually entitled to indemnification from
the trust, and judgment creditors of the trustee may have an equitable derivative right to
enforce the trustee's indemnification rights for their own benefit.
All partners are jointly and severally liable for all obligations of the partnership, whether the
obligations arise in contract or tort. Thus, an action may be brought against one or more of the
partners or the partnership. A judgment against a partnership, however, is not itself a judgment
against a partner. - Answer A judgment is not personally binding on a partner unless he has
been served. To reach a partner's personal assets, there also must be a judgment against the
partner. It can't be filed against the partnership only.
Florida requires that two standards be passed in order for a payment of dividends to be proper:
- Answer the equity test and the balance sheet test, allowing the corporation to pay its debts
as they become due and is the amount by which the total corporate assets exceed the total
liabilities. (Income plus capital minus debts)
If two or more offenses triable in the same court are based on the same or connected acts or
transactions, they may be joined as separate counts in the same indictment or information. -
Answer However, if multiple charges are properly joined, the defendant has a right to
severance if he can show that severance is proper to fairly determine guilty or innocence on
each charge or is necessary for a fair determination on each offense.
If a will that was last seen in the testator's will or control cannot be found after the testator's
death, a presumption arises that the will was revoked; i.e., the reason the will cannot be located
is that the testator destroyed it with the intent to revoke. - Answer To overcome the
presumption of revocation, evidence of a competent and substantial nature is required. If the
presumption of revocation is overcome by proof that the testator did not intend to revoke the
will, Florida permits probate of a lost or destroyed will provided that a strict evidentiary test is
met. The specific content of the will must be proved by the testimony of two disinterested
, was her will, and that the testator and the witnesses all signed in the presence of each other,
present at the same time. The self-proving affidavit serves the same function as a deposition or
interrogatory. It is a method by which the witnesses' sworn testimony can be secured at the
time the will is executed, eliminating the need to track down the witnesses and arrange for their
testimony in probate court after the testator's death.
A will drafted in a foreign language will: - Answer be accepted as long as an English translation
is provided for the court.
While a formal attestation clause in a will is not required, presence of such a clause gives rise to
a presumption that the will was executed in conformity with the recitations in the clause. -
Answer This presumption may be rebutted by competent testimony of witnesses. Sworn
testimony of a subscribing witness of a will that contradicts the plain language of will's
attestation clause may be sufficient to rebut the presumption that the will was properly
executed that arises by virtue of attestation clause.
Additional general partners can be admitted as provided in writing in the partnership
agreement or, - Answer if the partnership agreement does not provide in writing for the
admission of additional general partners, with the written consent of all partners.
Where a proposed amendment to the articles of incorporation would adversely affect the rights
of a class of shareholders, - Answer those shareholders are entitled to vote as a group on the
amendment even if they belong to a nonvoting class.
Florida and federal banks, savings and loans, and other trust companies authorized to exercise
fiduciary powers may serve as personal representatives in Florida. If the decedent left a will, the
order of preference for appointment as personal representative is: - Answer (i) the person
nominated in the will; (ii) the person selected by a majority in interest of the persons entitled to
the estate; and (iii) a devisee under the will.
When a decedent is not survived by minor children and the surviving spouse has waived
homestead rights, there is no constitutional restriction on devising homestead property. -
Answer The homestead exemption from forced sale by creditors in article X, section 4, inures
to the surviving spouse or heirs of the owner. This provision allows a testator with no surviving
spouse or minor children to choose to pass by will the homestead property with its
accompanying protection from creditors to any family member within the class of persons
categorized in the intestacy statute.
How many peremptory challenges does each side get for capital or life felonies? - Answer 10.
