Florida Bar Exam| 80 Questions| With Complete Solutions

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 held personally liable to trust creditors. correct answer: However, contractual exculpatory clauses negating the trustees' personal liability and relegating creditors to the trust assets are quite common and are generally held valid. Even absent such clauses, however, when a trustee is found liable, she is usually entitled to indemnification from the trust, and judgment creditors of the trustee may have an equitable derivative right to enforce the trustee's indemnification rights for their own benefit. All partners are jointly and severally liable for all obligations of the partnership, whether the obligations arise in contract or tort. Thus, an action may be brought against one or more of the partners or the partnership. A judgment against a partnership, however, is not itself a judgment against a partner. correct answer: A judgment is not personally binding on a partner unless he has been served. To reach a partner's personal assets, there also must be a judgment against the partner. It can't be filed against the partnership only. Florida requires that two standards be passed in ord