Florida Bar Exam Questions and Answers
(Latest Update 2025-2026) 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
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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
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
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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
, Florida Bar Exam Questions and Answers (Latest Update
2024) pass Guaranteed
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: - Correct
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. - Correct 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, -
Correct Answer
✅if the partnership agreement does not provide in
(Latest Update 2025-2026) 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
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
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 method by which the witnesses' sworn testimony can be
secured at the time the
, Florida Bar Exam Questions and Answers (Latest Update
2024) pass Guaranteed
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: - Correct
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. - Correct 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, -
Correct Answer
✅if the partnership agreement does not provide in
