FLORIDA BAR TESTS COMPILATION BUNDLE

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 h...

State Powers correct answer: Power to provide for general welfare, health, safety, and morals of its citizens. Strict Scrutiny correct answer: Gov shows: 1. Compelling state interest 2. Narrowly tailored Rational Basis correct answer: P shows: 1. Not rationally related to legit gov purpo...

When must a summons or complaint be served? correct answer: Within 120 days of filing. How do you calculate the days to respond after being served? correct answer: Count weekends and holidays if service period is 20 days. Do not count weekend and holidays for service under 7 days. When mu...

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 h...

What is one situation in which a child may be taken into custody based upon sworn testimony of a law enforcement officer or authorized Department of Children and Family Services ('DCF") agent? correct answer: There is probable cause to support a finding that the parent has materially violated a c...

What are the pre-answer motions? correct answer: lack of jurisdiction over subject matter, lack of jurisdiction over person, improper venue, insufficiency of process, failure to state a claim upon which relief can be granted, failure to join an indispensable party Within how many days must an an...

Types of Tenancies correct answer: For Years - has a start date and an end date. If the lease starts on a day and is for a period of time, its one of these. Periodic - Can't have start and end date. "Month to month", so period-to-period. Not real common to be tested, but you want to say at end ...

Discrimination: Protected Categories (1-4) correct answer: 1) Race 2) Religion 3) National Origin 4) Physical Disability (Gender and age not suspect-but see Fl. Statutes for gender) Article 1 - Generally correct answer: Declaration of Rights Article 1 - Section 2 correct answer: Basic r...

Discrimination: Protected Categories (1-4) correct answer: 1)Race 2) Religion 3) National Origin 4) Physical Disability (Gender and age not suspect-but see Fl. Statutes for gender) Religious Freedom Rule #1 correct answer: - Florida Constitution states that "Religious freedom does not just...

Intentional Infliction of Emotional Distress correct answer: i) an act by the ∆ amounting to extreme and outrageous conduct; ii) intent on part of the ∆ to cause the π to suffer severe emotion distress OR recklessness as to the effect of the ∆'s conduct; iii) causation; iv) and damages...

Requirement for admission to the FL bar correct answer: 1. US citizenship 2. Character 3. Age - 18 4. Knowledge 5. Education 2. Character correct answer: § Moral Turpitude - conduct that involves lack of honest, trustworthiness, diligence § Other Conduct o Record manifesting dishonesty ...

A state has jurisdiction over a crime if... correct answer: ... either the conduct or result of the crime happened in that state Which two crimes are the exception to the rule against merger? correct answer: Solicitation and attempt (NOT CONSPIRACY) A legal duty to act arises in five circums...

Intentional Infliction of Emotional Distress correct answer: 1) Act by defendant amounting to extreme and outrageous conduct; 2) Intent on part of defendant to cause plaintiff to suffer severe emotional distress, or recklessness, as to the effect of the defendant's conduct; 3) Causation; and ...

How to approach on the exam? correct answer: o (1) Call of the question o (2) Identify and classify the property at issue o (3) Determine which parties have or claim an interest in the collateral o (4) For each security interest, assess: § Attachment - has SI attached? To which collateral? Whe...