Florida Bar Exam Questions and Answers
(Latest Update 2024) pass Guaranteed
If the defendant is in custody for any offense, the
determination of whether probable cause exists must be
made: - Correct 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. - Correct 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
Florida Bar Exam Questions and Answers (Latest Update 2024) pass Guaranteed
,partnership. A judgment against a partnership, however, is
not itself a judgment against a partner. - Correct Answer
✅A judgment is not personally
Florida Bar Exam Questions and Answers (Latest Update 2024) pass Guaranteed
,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: - Correct 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. - Correct 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.
Florida Bar Exam Questions and Answers (Latest Update 2024) pass Guaranteed
, 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. - Correct 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 witnesses, or if a correct copy
is provided, it may be proved by one disinterested witness.
Florida is one of many states that permit a will to be made
self-proved at the time it is executed. -
Correct Answer
✅The testator and the attesting witnesses sign the will, and
then sign a sworn affidavit before a notary public reciting
that the testator declared to the witnesses that the
instrument was her will, and that the testator and
Answers (Latest Update 2024) pass
Guaranteed
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
Florida Bar Exam Questions and Answers (Latest Update 2024) pass Guaranteed
(Latest Update 2024) pass Guaranteed
If the defendant is in custody for any offense, the
determination of whether probable cause exists must be
made: - Correct 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. - Correct 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
Florida Bar Exam Questions and Answers (Latest Update 2024) pass Guaranteed
,partnership. A judgment against a partnership, however, is
not itself a judgment against a partner. - Correct Answer
✅A judgment is not personally
Florida Bar Exam Questions and Answers (Latest Update 2024) pass Guaranteed
,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: - Correct 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. - Correct 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.
Florida Bar Exam Questions and Answers (Latest Update 2024) pass Guaranteed
, 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. - Correct 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 witnesses, or if a correct copy
is provided, it may be proved by one disinterested witness.
Florida is one of many states that permit a will to be made
self-proved at the time it is executed. -
Correct Answer
✅The testator and the attesting witnesses sign the will, and
then sign a sworn affidavit before a notary public reciting
that the testator declared to the witnesses that the
instrument was her will, and that the testator and
Answers (Latest Update 2024) pass
Guaranteed
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
Florida Bar Exam Questions and Answers (Latest Update 2024) pass Guaranteed
