FLORIDA BAR EXAM PRACTICE
QUESTIONS AND CORRECT ANSWERS
(VERIFIED ANSWERS) PLUS RATIONALES
2026 Q&A | INSTANT DOWNLOAD PDF
1. In Florida, which of the following is necessary to establish a
valid contract?
A) Offer, acceptance, and consideration
B) Offer, acceptance, and a written document
C) Consideration and performance only
D) Offer and performance
Answer: A) Offer, acceptance, and consideration
Rationale: A contract requires a valid offer, acceptance of that
offer, and consideration. Florida law does not require all
contracts to be in writing unless specifically required by the
Statute of Frauds.
2. Under Florida law, which of the following is true regarding
attorney-client privilege?
A) It can be waived by the attorney alone
B) It can be waived only by the client
C) It applies only in criminal cases
D) It applies only to communications in writing
,Answer: B) It can be waived only by the client
Rationale: Attorney-client privilege belongs to the client. Only
the client can waive it, either explicitly or implicitly. Attorneys
cannot unilaterally waive the privilege.
3. Which of the following is required for a plaintiff to establish
negligence in Florida?
A) Duty, breach, causation, and damages
B) Duty and breach only
C) Breach and intent
D) Causation and damages only
Answer: A) Duty, breach, causation, and damages
Rationale: Negligence requires that the defendant owed a
duty to the plaintiff, breached that duty, the breach caused
the plaintiff’s injury, and the plaintiff suffered damages as a
result.
4. Which of the following is an example of an impermissible ex
post facto law under Florida law?
A) A law punishing conduct retroactively
B) A law that increases taxes for future conduct
C) A law regulating contracts prospectively
D) A law that clarifies civil procedure
,Answer: A) A law punishing conduct retroactively
Rationale: The Florida Constitution prohibits retroactive laws
that create criminal liability or increase punishment for acts
committed before the law’s enactment.
5. In Florida, which of the following is true regarding a joint
tenancy with right of survivorship?
A) Interest passes according to the decedent’s will
B) Interest passes automatically to surviving joint tenants
C) Interest is subject to probate
D) Interest passes to creditors only
Answer: B) Interest passes automatically to surviving joint
tenants
Rationale: Joint tenancy with right of survivorship allows the
surviving tenants to inherit the deceased tenant’s interest
automatically, outside probate.
6. In a Florida criminal case, the standard for a jury verdict is:
A) Preponderance of the evidence
B) Clear and convincing evidence
C) Beyond a reasonable doubt
D) Probable cause
, Answer: C) Beyond a reasonable doubt
Rationale: Criminal convictions in Florida require the
prosecution to prove each element of the crime beyond a
reasonable doubt.
7. Under Florida’s rules on evidence, which of the following is
admissible without being considered hearsay?
A) A statement made by a declarant not present at trial
B) A statement made by a party opponent
C) A witness’s prior inconsistent statement
D) Both B and C
Answer: D) Both B and C
Rationale: Statements by a party opponent and prior
inconsistent statements by witnesses are exceptions to the
hearsay rule and may be admitted under Florida Evidence
Code.
8. Which of the following actions is considered professional
misconduct for a Florida attorney?
A) Charging a reasonable fee
B) Failing to communicate with a client
C) Advising a client of legal rights
D) Negotiating a settlement
QUESTIONS AND CORRECT ANSWERS
(VERIFIED ANSWERS) PLUS RATIONALES
2026 Q&A | INSTANT DOWNLOAD PDF
1. In Florida, which of the following is necessary to establish a
valid contract?
A) Offer, acceptance, and consideration
B) Offer, acceptance, and a written document
C) Consideration and performance only
D) Offer and performance
Answer: A) Offer, acceptance, and consideration
Rationale: A contract requires a valid offer, acceptance of that
offer, and consideration. Florida law does not require all
contracts to be in writing unless specifically required by the
Statute of Frauds.
2. Under Florida law, which of the following is true regarding
attorney-client privilege?
A) It can be waived by the attorney alone
B) It can be waived only by the client
C) It applies only in criminal cases
D) It applies only to communications in writing
,Answer: B) It can be waived only by the client
Rationale: Attorney-client privilege belongs to the client. Only
the client can waive it, either explicitly or implicitly. Attorneys
cannot unilaterally waive the privilege.
3. Which of the following is required for a plaintiff to establish
negligence in Florida?
A) Duty, breach, causation, and damages
B) Duty and breach only
C) Breach and intent
D) Causation and damages only
Answer: A) Duty, breach, causation, and damages
Rationale: Negligence requires that the defendant owed a
duty to the plaintiff, breached that duty, the breach caused
the plaintiff’s injury, and the plaintiff suffered damages as a
result.
4. Which of the following is an example of an impermissible ex
post facto law under Florida law?
A) A law punishing conduct retroactively
B) A law that increases taxes for future conduct
C) A law regulating contracts prospectively
D) A law that clarifies civil procedure
,Answer: A) A law punishing conduct retroactively
Rationale: The Florida Constitution prohibits retroactive laws
that create criminal liability or increase punishment for acts
committed before the law’s enactment.
5. In Florida, which of the following is true regarding a joint
tenancy with right of survivorship?
A) Interest passes according to the decedent’s will
B) Interest passes automatically to surviving joint tenants
C) Interest is subject to probate
D) Interest passes to creditors only
Answer: B) Interest passes automatically to surviving joint
tenants
Rationale: Joint tenancy with right of survivorship allows the
surviving tenants to inherit the deceased tenant’s interest
automatically, outside probate.
6. In a Florida criminal case, the standard for a jury verdict is:
A) Preponderance of the evidence
B) Clear and convincing evidence
C) Beyond a reasonable doubt
D) Probable cause
, Answer: C) Beyond a reasonable doubt
Rationale: Criminal convictions in Florida require the
prosecution to prove each element of the crime beyond a
reasonable doubt.
7. Under Florida’s rules on evidence, which of the following is
admissible without being considered hearsay?
A) A statement made by a declarant not present at trial
B) A statement made by a party opponent
C) A witness’s prior inconsistent statement
D) Both B and C
Answer: D) Both B and C
Rationale: Statements by a party opponent and prior
inconsistent statements by witnesses are exceptions to the
hearsay rule and may be admitted under Florida Evidence
Code.
8. Which of the following actions is considered professional
misconduct for a Florida attorney?
A) Charging a reasonable fee
B) Failing to communicate with a client
C) Advising a client of legal rights
D) Negotiating a settlement
