Florida Bar Exam Questions and Answers.

Florida Bar Exam Questions and Answers
(Latest Update 2024) Verified Answers
If the defendant is in custody for any offense, the determinatio
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n of whether probable cause exists must be made: -
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Correct Answer ✅within 48 hours of arrest. The state is permit
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ted to two 24- K K K




hour extensions, for good cause. (total maximum of 96 hours)
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The trustees of a business trust are usually held personally liabl
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e to trust creditors. -
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Correct Answer ✅However, contractual exculpatory clauses n
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egating the trustees' personal liability and relegating creditors t
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o the trust assets are quite common and are generally held valid
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. Even absent such clauses, however, when a trustee is found lia
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ble, she is usually entitled to indemnification from the trust, an
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d judgment creditors of the trustee may have an equitable
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derivative right to enforce the trustee's indemnification rights fo
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r their own benefit.
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All partners are jointly and severally liable for all obligations of
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the partnership, whether the obligations arise in contract or tor
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t. Thus, an action may be brought against one or more of the par
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tners or the partnership. A judgment against a partnership, how
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ever, is not itself a judgment against a partner. -
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Correct Answer ✅A judgment is not personally
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,Florida Bar Exam Questions and Answers
(Latest Update 2024) Verified Answers
binding on a partner unless he has been served. To reach a partn
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er's personal assets, there also must be a judgment against the
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partner. It can't be filed against the partnership only.
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Florida requires that two standards be passed in order for a pay
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ment of dividends to be proper: -
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Correct Answer ✅the equity test and the balance sheet test, a
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llowing the corporation to pay its debts as they become due and
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K is the amount by which the total corporate assets exceed the to
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tal liabilities. (Income plus capital minus debts)
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If two or more offenses triable in the same court are based on th
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e same or connected acts or transactions, they may be joined as
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separate counts in the same indictment or information. -
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Correct Answer ✅However, if multiple charges are properly j
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oined, the defendant has a right to severance if he can show tha
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t severance is proper to fairly determine guilty or innocence on
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each charge or is necessary for a fair determination on each offe
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nse.

, Florida Bar Exam Questions and Answers
(Latest Update 2024) Verified Answers
If a will that was last seen in the testator's will or control cannot
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be found after the testator's death, a presumption arises that th
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e will was revoked; i.e., the reason the will cannot be located is
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that the testator destroyed it with the intent to revoke. -
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Correct Answer ✅To overcome the presumption of revocation
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, evidence of a competent and substantial nature is required. If
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the presumption of revocation is overcome by proof that the tes
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tator did not intend to revoke the will, Florida permits probate
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of a lost or destroyed will provided that a strict evidentiary test
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is met. The specific content of the will must be proved by the te
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stimony of two disinterested witnesses, or if a correct copy
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is provided, it may be proved by one disinterested witness.
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Florida is one of many states that permit a will to be made sel
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f-proved at the time it is executed. - Correct Answer
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✅The testator and the attesting witnesses sign the will, and
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then sign a sworn affidavit before a notary public reciting that th
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e testator declared to the witnesses that the instrument was her
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K will, and that the testator and the witnesses all signed in the pr
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esence of each other, present at the same time. The self-
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proving affidavit serves the same function as a deposition or inte
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rrogatory. It is a method by which the witnesses' sworn testimonK K K K K K K K K K




y can be secured at the time the
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