Florida Bar Exam Questions and Answers
(Latest Update 2024) Verified Answers
If the defendant is in custody for any offense, the
v v v v v v v v v
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
v v v v v v v v v v
v is permitted to two 24-hour extensions, for good cause. (total
v v v v v v v v v
v maximum of 96 hours) v v v
The trustees of a business trust are usually held personally
v v v v v v v v v
v liable to trust creditors. - Correct Answer ✅However,
v v v v v v v
v contractual exculpatory clauses negating the trustees' v v v v v
v personal liability and relegating creditors to the trust assets
v v v v v v v v
v are quite common and are generally held valid. Even absent
v v v v v v v v v
v such clauses, however, when a trustee is found liable, she is
v v v v v v v v v v
v usually entitled to indemnification from the trust, and
v v v v v v v
v judgment creditors of the trustee may have an equitable
v v v v v v v v
derivative right to enforce the trustee's indemnification rights
v v v v v v v
v for their own benefit.
v v v
All partners are jointly and severally liable for all obligations of
v v v v v v v v v v
v the partnership, whether the obligations arise in contract or
v v v v v v v v
v tort. Thus, an action may be brought against one or more of
v v v v v v v v v v v
v the partners or the partnership. A judgment against a
v v v v v v v v
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
v v v v v v v v
,Florida Bar Exam Questions and Answers
(Latest Update 2024) Verified Answers
binding on a partner unless he has been served. To reach a
v v v v v v v v v v v
v partner's personal assets, there also must be a judgment
v v v v v v v v
v against the partner. It can't be filed against the partnership
v v v v v v v v v
v only.
Florida requires that two standards be passed in order for a
v v v v v v v v v v
v payment of dividends to be proper: - Correct Answer ✅the
v v v v v v v v v
v equity test and the balance sheet test, allowing the
v v v v v v v v
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
v v v v v v v v v
v liabilities. (Income plus capital minus debts)
v v v v v
If two or more offenses triable in the same court are based on
v v v v v v v v v v v v
v the same or connected acts or transactions, they may be
v v v v v v v v v
v joined as separate counts in the same indictment or
v v v v v v v v
v information. - Correct Answer ✅However, if multiple v v v v v v
v charges are properly joined, the defendant has a right to
v v v v v v v v v
v severance if he can show that severance is proper to fairly
v v v v v v v v v v
v determine guilty or innocence on each charge or is necessary
v v v v v v v v v
v for a fair determination on each offense.
v v v v v v
, 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
v v v v v v v v v v v v
v cannot be found after the testator's death, a presumption
v v v v v v v v
v arises that the will was revoked; i.e., the reason the will
v v v v v v v v v v
v cannot be located is that the testator destroyed it with the
v v v v v v v v v v
v intent to revoke. - Correct Answer ✅To overcome the
v v v v v v v v
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
v v v v v v v v v v v
v destroyed will provided that a strict evidentiary test is met.
v v v v v v v v v
v The specific content of the will must be proved by the
v v v v v v v v v v
v testimony of two disinterested witnesses, or if a correct copy
v v v v v v v v v
is provided, it may be proved by one disinterested witness.
v v v v v v v v v
Florida is one of many states that permit a will to be made
v v v v v v v v v v v v
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
v v v v v v v v v
then sign a sworn affidavit before a notary public reciting that
v v v v v v v v v v
v the testator declared to the witnesses that the instrument was
v v v v v v v v v
v her will, and that the testator and the witnesses all signed in
v v v v v v v v v v v
v the presence of each other, present at the same time. The
v v v v v v v v v v
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
v v v v v v v v v v
v testimony can be secured at the time the v v v v v v v
(Latest Update 2024) Verified Answers
If the defendant is in custody for any offense, the
v v v v v v v v v
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
v v v v v v v v v v
v is permitted to two 24-hour extensions, for good cause. (total
v v v v v v v v v
v maximum of 96 hours) v v v
The trustees of a business trust are usually held personally
v v v v v v v v v
v liable to trust creditors. - Correct Answer ✅However,
v v v v v v v
v contractual exculpatory clauses negating the trustees' v v v v v
v personal liability and relegating creditors to the trust assets
v v v v v v v v
v are quite common and are generally held valid. Even absent
v v v v v v v v v
v such clauses, however, when a trustee is found liable, she is
v v v v v v v v v v
v usually entitled to indemnification from the trust, and
v v v v v v v
v judgment creditors of the trustee may have an equitable
v v v v v v v v
derivative right to enforce the trustee's indemnification rights
v v v v v v v
v for their own benefit.
v v v
All partners are jointly and severally liable for all obligations of
v v v v v v v v v v
v the partnership, whether the obligations arise in contract or
v v v v v v v v
v tort. Thus, an action may be brought against one or more of
v v v v v v v v v v v
v the partners or the partnership. A judgment against a
v v v v v v v v
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
v v v v v v v v
,Florida Bar Exam Questions and Answers
(Latest Update 2024) Verified Answers
binding on a partner unless he has been served. To reach a
v v v v v v v v v v v
v partner's personal assets, there also must be a judgment
v v v v v v v v
v against the partner. It can't be filed against the partnership
v v v v v v v v v
v only.
Florida requires that two standards be passed in order for a
v v v v v v v v v v
v payment of dividends to be proper: - Correct Answer ✅the
v v v v v v v v v
v equity test and the balance sheet test, allowing the
v v v v v v v v
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
v v v v v v v v v
v liabilities. (Income plus capital minus debts)
v v v v v
If two or more offenses triable in the same court are based on
v v v v v v v v v v v v
v the same or connected acts or transactions, they may be
v v v v v v v v v
v joined as separate counts in the same indictment or
v v v v v v v v
v information. - Correct Answer ✅However, if multiple v v v v v v
v charges are properly joined, the defendant has a right to
v v v v v v v v v
v severance if he can show that severance is proper to fairly
v v v v v v v v v v
v determine guilty or innocence on each charge or is necessary
v v v v v v v v v
v for a fair determination on each offense.
v v v v v v
, 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
v v v v v v v v v v v v
v cannot be found after the testator's death, a presumption
v v v v v v v v
v arises that the will was revoked; i.e., the reason the will
v v v v v v v v v v
v cannot be located is that the testator destroyed it with the
v v v v v v v v v v
v intent to revoke. - Correct Answer ✅To overcome the
v v v v v v v v
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
v v v v v v v v v v v
v destroyed will provided that a strict evidentiary test is met.
v v v v v v v v v
v The specific content of the will must be proved by the
v v v v v v v v v v
v testimony of two disinterested witnesses, or if a correct copy
v v v v v v v v v
is provided, it may be proved by one disinterested witness.
v v v v v v v v v
Florida is one of many states that permit a will to be made
v v v v v v v v v v v v
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
v v v v v v v v v
then sign a sworn affidavit before a notary public reciting that
v v v v v v v v v v
v the testator declared to the witnesses that the instrument was
v v v v v v v v v
v her will, and that the testator and the witnesses all signed in
v v v v v v v v v v v
v the presence of each other, present at the same time. The
v v v v v v v v v v
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
v v v v v v v v v v
v testimony can be secured at the time the v v v v v v v
