Florida Bar Exam Q&A Bundle

Four types of priority conflicts 1. Secured Party vs. Secured Party 2. Secured Party vs. Buyer 3. Secured Party vs. Judicial Lien 4. Secured Party vs. Statutory Lien Priority Conflict Mnemonic Secured Bitches Just Steal Secured Party vs. Secured Party Priority, General Rule As between two p...

Will Validity For a will to be validly created, it must (1) be in writing (2) testator must have intent to create it (3) be signed by (4) testator (5) two subscribing witnesses (6) in the presence of each other and (7) signed at the end of the will Presence requirement Two rules (1) line of sight...

What are the 4 different pre trial areas? 1) notices to appear, 2) first appearances, 3) probable cause determination, 4) adversary preliminary hearing What are the major areas for trial? 1) voir dire, 2) closing arguments, 3) deliberation process What kind of cases can the circuit court hear?...

Intentional Infliction of Emotional Distress 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 in the form of s...

Judicial notice Judicial notice applies to adjudicative facts + legislative facts Judicial notice -- Judge in FL court § MUST - take judicial notice of laws that have statewide effect in FL § MAY - take judicial notice of laws that are not subject to reasonable dispute b/c they are generally k...

A seller is liable for Failure to Disclose if what? Seller is liable if: Seller knows or has reason to know of defect.; The defect isn't obvious or apparent and buyer is not likely to discover it by ordinary inspection.; AND Defect would cause buyer to reconsider purchase if known. What doe...

Amendment of Article of Incorporation - who may amend if the corp hasn't issued any stock? BoD If there isn't a board of directors, then the Incorporators When is a corporation born? Aka come into existence? When the Department of State files the articles of incorporation. Amendment o...

with regards to continuing education requirements, what are the maximum number of hours that can be completed through home study for a licensee that has been inactive for 1 year? 6 hours a physical therapy aide is able to participate in which of the following areas of documentation? recording int...

To assert right to self-representation, the defendant must ______________ waive the right to counsel. knowingly and intelligently" When may a defendant not be able to "knowingly and intelligently" waive the right to counsel? If defendant has a "severe mental illness." A felony is any crim...