Florida Bar Exam Practice Questions
And Correct Answers (Verified Answers)
Plus Rationales 2025|2026 Q&A |
Instant Download Pdf
1. A homeowner hires a contractor to build a deck. The contractor
finishes the work but uses substandard materials. The homeowner
refuses to pay. What remedy can the homeowner seek?
Answer: Rescission or damages for breach of contract.
Rationale: The homeowner can either rescind the contract due to
defective performance or seek damages to compensate for the cost
to repair or replace substandard work.
2. A person is pulled over for speeding and consents to a vehicle search.
The police find illegal drugs in the glove compartment. Can the
evidence be used in court?
Answer: Yes.
Rationale: Consent to a search is a recognized exception to the
, Fourth Amendment’s warrant requirement, making evidence
obtained valid.
3. A tenant fails to pay rent for three months. The landlord wants to
evict. What is the required notice in Florida?
Answer: Three-day notice to pay or vacate.
Rationale: Florida law requires landlords to give tenants a three-day
notice before filing an eviction for nonpayment of rent.
4. A person makes a will leaving all property to a friend. Later, the friend
dies. What happens to the property?
Answer: The property passes according to the residuary clause or
intestacy if no residuary exists.
Rationale: If a beneficiary predeceases the testator, the gift lapses
unless the will provides an alternative disposition.
5. A corporation issues stock without consideration. Are the
shareholders personally liable?
Answer: Yes, to the extent necessary to satisfy the amount unpaid
on the stock.
Rationale: Under Florida law, subscribers or shareholders may be
liable for unpaid stock if no adequate consideration was received.
6. A person signs a contract under duress. Is the contract enforceable?
Answer: No.
Rationale: Contracts induced by duress are voidable because consent
was not freely given.
,7. A driver causes an accident while texting. The injured party sues. Can
comparative negligence apply?
Answer: Yes.
Rationale: Florida follows pure comparative negligence, allowing
damages to be reduced proportionally to the plaintiff’s fault.
8. A police officer arrests someone without a warrant in their home. Is
the arrest valid?
Answer: No, unless exigent circumstances exist.
Rationale: The Fourth Amendment requires a warrant for home
arrests unless immediate action is needed to prevent harm or
evidence destruction.
9. A debtor owes a creditor $10,000. The creditor accepts $6,000 as full
payment. Is the creditor bound?
Answer: Yes, if there is consideration for the agreement.
Rationale: Accord and satisfaction requires a bona fide dispute and
acceptance of partial payment as full settlement.
10. A minor enters into a contract for a car. Is the contract
enforceable?
Answer: No, except for necessities.
Rationale: Contracts by minors are generally voidable to protect
them from exploitation, but contracts for necessities are enforceable.
11. A person discovers a lost dog and keeps it without attempting to
locate the owner. Has theft occurred?
, Answer: Yes.
Rationale: Taking property with intent to permanently deprive the
owner constitutes theft under Florida law.
12. A business partner secretly takes a business opportunity that
rightfully belongs to the partnership. Is this allowed?
Answer: No.
Rationale: Partners owe fiduciary duties, including the duty of
loyalty; taking an opportunity for personal gain breaches this duty.
13. A testator leaves a gift to a child who dies before the will is
executed. What happens?
Answer: The gift lapses.
Rationale: Gifts to predeceased beneficiaries generally lapse unless
the will has an anti-lapse provision.
14. A person is injured by a defective product. The manufacturer
claims the defect was obvious. Can the manufacturer avoid liability?
Answer: No.
Rationale: In strict product liability, a manufacturer may be liable for
defects even if they are obvious, though contributory negligence may
reduce recovery.
15. A bank refuses to honor a forged check. Is the bank liable?
Answer: No.
Rationale: A bank is not liable for a forged signature unless it failed
to exercise ordinary care in processing the check.
And Correct Answers (Verified Answers)
Plus Rationales 2025|2026 Q&A |
Instant Download Pdf
1. A homeowner hires a contractor to build a deck. The contractor
finishes the work but uses substandard materials. The homeowner
refuses to pay. What remedy can the homeowner seek?
Answer: Rescission or damages for breach of contract.
Rationale: The homeowner can either rescind the contract due to
defective performance or seek damages to compensate for the cost
to repair or replace substandard work.
2. A person is pulled over for speeding and consents to a vehicle search.
The police find illegal drugs in the glove compartment. Can the
evidence be used in court?
Answer: Yes.
Rationale: Consent to a search is a recognized exception to the
, Fourth Amendment’s warrant requirement, making evidence
obtained valid.
3. A tenant fails to pay rent for three months. The landlord wants to
evict. What is the required notice in Florida?
Answer: Three-day notice to pay or vacate.
Rationale: Florida law requires landlords to give tenants a three-day
notice before filing an eviction for nonpayment of rent.
4. A person makes a will leaving all property to a friend. Later, the friend
dies. What happens to the property?
Answer: The property passes according to the residuary clause or
intestacy if no residuary exists.
Rationale: If a beneficiary predeceases the testator, the gift lapses
unless the will provides an alternative disposition.
5. A corporation issues stock without consideration. Are the
shareholders personally liable?
Answer: Yes, to the extent necessary to satisfy the amount unpaid
on the stock.
Rationale: Under Florida law, subscribers or shareholders may be
liable for unpaid stock if no adequate consideration was received.
6. A person signs a contract under duress. Is the contract enforceable?
Answer: No.
Rationale: Contracts induced by duress are voidable because consent
was not freely given.
,7. A driver causes an accident while texting. The injured party sues. Can
comparative negligence apply?
Answer: Yes.
Rationale: Florida follows pure comparative negligence, allowing
damages to be reduced proportionally to the plaintiff’s fault.
8. A police officer arrests someone without a warrant in their home. Is
the arrest valid?
Answer: No, unless exigent circumstances exist.
Rationale: The Fourth Amendment requires a warrant for home
arrests unless immediate action is needed to prevent harm or
evidence destruction.
9. A debtor owes a creditor $10,000. The creditor accepts $6,000 as full
payment. Is the creditor bound?
Answer: Yes, if there is consideration for the agreement.
Rationale: Accord and satisfaction requires a bona fide dispute and
acceptance of partial payment as full settlement.
10. A minor enters into a contract for a car. Is the contract
enforceable?
Answer: No, except for necessities.
Rationale: Contracts by minors are generally voidable to protect
them from exploitation, but contracts for necessities are enforceable.
11. A person discovers a lost dog and keeps it without attempting to
locate the owner. Has theft occurred?
, Answer: Yes.
Rationale: Taking property with intent to permanently deprive the
owner constitutes theft under Florida law.
12. A business partner secretly takes a business opportunity that
rightfully belongs to the partnership. Is this allowed?
Answer: No.
Rationale: Partners owe fiduciary duties, including the duty of
loyalty; taking an opportunity for personal gain breaches this duty.
13. A testator leaves a gift to a child who dies before the will is
executed. What happens?
Answer: The gift lapses.
Rationale: Gifts to predeceased beneficiaries generally lapse unless
the will has an anti-lapse provision.
14. A person is injured by a defective product. The manufacturer
claims the defect was obvious. Can the manufacturer avoid liability?
Answer: No.
Rationale: In strict product liability, a manufacturer may be liable for
defects even if they are obvious, though contributory negligence may
reduce recovery.
15. A bank refuses to honor a forged check. Is the bank liable?
Answer: No.
Rationale: A bank is not liable for a forged signature unless it failed
to exercise ordinary care in processing the check.
