Florida Bar Exam Questions and Answers (Latest Update 2024) Verified Answers

Florida Bar Exam Questions and Answers
(Latest Update 2024) Verified Answers
If the defendant is in custody for any offense, the
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v determination of whether probable cause exists must be v v v v v v v




v made: - Correct Answer ✅within 48 hours of arrest. The state
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v is permitted to two 24-hour extensions, for good cause. (total
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v maximum of 96 hours) v v v




The trustees of a business trust are usually held personally
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v liable to trust creditors. - Correct Answer ✅However,
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v contractual exculpatory clauses negating the trustees' v v v v v




v personal liability and relegating creditors to the trust assets
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v are quite common and are generally held valid. Even absent
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v such clauses, however, when a trustee is found liable, she is
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v usually entitled to indemnification from the trust, and
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v judgment creditors of the trustee may have an equitable
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derivative right to enforce the trustee's indemnification rights
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v for their own benefit.
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All partners are jointly and severally liable for all obligations of
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v the partnership, whether the obligations arise in contract or
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v tort. Thus, an action may be brought against one or more of
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v the partners or the partnership. A judgment against a
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v partnership, however, is not itself a judgment against a v v v v v v v v




v partner. - 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
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v partner's personal assets, there also must be a judgment
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v against the partner. It can't be filed against the partnership
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v only.



Florida requires that two standards be passed in order for a
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v payment of dividends to be proper: - Correct Answer ✅the
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v equity test and the balance sheet test, allowing the
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v corporation to pay its debts as they become due and is the v v v v v v v v v v v




v amount by which the total corporate assets exceed the total
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v liabilities. (Income plus capital minus debts)
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If two or more offenses triable in the same court are based on
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v the same or connected acts or transactions, they may be
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v joined as separate counts in the same indictment or
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v information. - Correct Answer ✅However, if multiple v v v v v v




v charges are properly joined, the defendant has a right to
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v severance if he can show that severance is proper to fairly
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v determine guilty or innocence on each charge or is necessary
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v for a fair determination on each offense.
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, 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
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v cannot be found after the testator's death, a presumption
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v arises that the will was revoked; i.e., the reason the will
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v cannot be located is that the testator destroyed it with the
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v intent to revoke. - Correct Answer ✅To overcome the
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v presumption of revocation, evidence of a competent and v v v v v v v




v substantial nature is required. If the presumption of v v v v v v v




v revocation is overcome by proof that the testator did not v v v v v v v v v




v intend to revoke the will, Florida permits probate of a lost or
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v destroyed will provided that a strict evidentiary test is met.
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v The specific content of the will must be proved by the
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v testimony 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
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v self-proved at the time it is executed. - Correct Answer v v v v v v v v v




✅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
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v the testator declared to the witnesses that the instrument was
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v her will, and that the testator and the witnesses all signed in
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v the presence of each other, present at the same time. The
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v self-proving affidavit serves the same function as a deposition v v v v v v v v




v or interrogatory. It is a method by which the witnesses' sworn
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v testimony can be secured at the time the v v v v v v v