Mixed Deck — All FL BAR Topics Flashcards

What percentage of the elective estate may a surviving spouse claim as an elective share under Florida Statutes §732.2065?

Answer: 30%

Florida Statutes §732.2065 sets the surviving spouse's elective share at 30% of the elective estate.

Which of the following is NOT a recognized exception to the Statute of Frauds for real property contracts in Florida?

Answer: Full payment of the purchase price alone

Under Florida law, full payment of the purchase price alone, without possession or improvements, is generally insufficient to remove a real property contract from the Statute of Frauds.

In Florida, a non-compete covenant in an employment agreement is enforceable if it is:

Answer: Supported by a legitimate business interest and reasonably limited

Florida Statutes § 542.335 requires non-compete covenants to be supported by a legitimate business interest and to be reasonably limited in time, area, and scope.

Under Florida law, the insanity defense (M'Naghten standard) requires that the defendant, at the time of the crime:

Answer: Did not know the nature of the act or did not know it was wrong due to mental disease or defect

Florida applies the M'Naghten test — a defendant is legally insane if a mental disease or defect caused them not to know the nature of the act or not to know it was wrong.

Lay witness opinion testimony is admissible under FRE 701 when it is:

Answer: Rationally based on the witness's perception, helpful to the fact-finder, and not based on specialized knowledge

FRE 701 allows lay opinion when it is rationally based on perception, helpful to the jury, and does not require specialized knowledge that crosses into expert testimony.

Florida's 'Stand Your Ground' law eliminates the duty to retreat for a person who:

Answer: Is lawfully present in any place and not engaged in criminal activity when faced with imminent death or great bodily harm

Florida Statutes § 776.012 allows a person lawfully present anywhere to use deadly force without retreating if they reasonably believe it is necessary to prevent death or great bodily harm.

Which doctrine permits a court to enforce a restrictive covenant against a purchaser with actual or constructive notice even when privity requirements are not met?

Answer: Equitable servitude

An equitable servitude allows equity to enforce a restrictive covenant against a successor who had notice, even without the privity of estate required for a real covenant at law.

Under Miranda v. Arizona, police must advise a suspect of their rights before:

Answer: Custodial interrogation

Miranda warnings are required only when a suspect is in custody and subject to interrogation — not merely upon arrest or investigatory detention.

When both parties to a contract are mistaken about a material fact at the time of contracting, the contract may be voided under which doctrine?

Answer: Mutual mistake

Mutual mistake as to a basic assumption on which the contract was made allows the adversely affected party to void the contract if the risk was not allocated to them.

What is the purpose of a “pretrial conference” under Florida civil procedure?

Answer: To prepare for the trial and address procedural issues

A pretrial conference, as outlined in Florida Rule of Civil Procedure 1.200, is a meeting between the judge and attorneys for both parties before trial. Its purpose is to streamline the litigation process, discuss settlement possibilities, identify undisputed facts, resolve outstanding motions, and set a schedule for trial. This helps ensure the trial proceeds efficiently and effectively.

Under the Confrontation Clause (Crawford v. Washington), testimonial out-of-court statements are admissible against a criminal defendant only if:

Answer: The declarant is unavailable and the defendant had a prior opportunity to cross-examine

Crawford held that testimonial hearsay is barred by the Confrontation Clause unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine.

Which element distinguishes murder from voluntary manslaughter under common law?

Answer: The presence or absence of adequate provocation with heat of passion

Voluntary manslaughter is an intentional killing committed in the heat of passion upon adequate provocation, which negates the malice required for murder.

Under Florida's Landlord-Tenant Act, a residential landlord must return a security deposit or provide written notice of a claim against it within how many days of the tenant vacating?

Answer: 30 days

Florida Statutes § 83.49(3) requires a landlord to return the security deposit or provide written notice of intention to impose a claim within 30 days of the tenant vacating.

A fee simple determinable differs from a fee simple subject to a condition subsequent because the fee simple determinable:

Answer: Automatically reverts to the grantor upon the occurrence of the stated event

A fee simple determinable automatically ends and reverts to the grantor (via a possibility of reverter) upon the stated event, unlike a fee simple subject to a condition subsequent which requires re-entry.

A completed battery under Florida law requires:

Answer: Intentional and unwanted physical contact with another person

Florida defines battery as the intentional, unauthorized touching or striking of another person against their will, regardless of injury.

How many days does a defendant have to file an answer after being served with a complaint in Florida?

Answer: 20 days

Under Florida Rule of Civil Procedure 1.140(a)(1), a defendant generally has 20 days after being served with the summons and complaint to file an answer or other responsive pleading. This timeframe is crucial for ensuring timely responses and moving the litigation process forward. Failing to respond within this period can lead to a default judgment against the defendant.

To convict a defendant of conspiracy, most jurisdictions (including Florida) require proof of:

Answer: An agreement and an overt act in furtherance

Florida's conspiracy statute requires an agreement between two or more persons plus an overt act by any conspirator in furtherance of the conspiracy.

A promoter who contracts on behalf of a corporation not yet formed is personally liable on those contracts unless:

Answer: The other party agrees to look only to the corporation and releases the promoter (novation)

A promoter remains liable on pre-incorporation contracts even after the corporation adopts them — release of the promoter requires a novation where the other party expressly agrees to substitute the corporation for the promoter.

A shareholder derivative suit is brought by a shareholder to enforce a right belonging to:

Answer: The corporation

A derivative suit is filed by a shareholder on behalf of the corporation to enforce the corporation's own cause of action — any recovery goes to the corporation, not the suing shareholder.

Under the Double Jeopardy Clause, a defendant who is acquitted may NOT be retried even if:

Answer: All of the above

The Double Jeopardy Clause provides an absolute bar to retrial after acquittal — it applies regardless of newly discovered evidence, error, or misconduct that led to the acquittal.