Florida Bar Exam

Under the Florida Constitution, which branch of government has the exclusive authority to regulate the practice of law in Florida?

• AThe Florida Legislature
• BThe Florida Supreme Court
• CThe Florida Bar Association
• DThe Governor of Florida

Under Florida Rule of Civil Procedure 1.510, what is the standard a court must apply when ruling on a motion for summary judgment?

• AThe movant must show that there is no genuine issue of material fact and is entitled to j…
• BThe movant must demonstrate a probability of success on the merits at trial
• CThe movant must prove the case by clear and convincing evidence without a trial
• DThe movant must show that the nonmoving party has failed to state a claim

Under Florida Statute § 732.502, which of the following is required for a valid attested will in Florida?

• AThe will must be signed by two witnesses in the presence of a notary public only
• BThe will must be signed by the testator or by another person in the testator's presence a…
• CThe will must be signed by the testator and acknowledged before any single disinterested…
• DThe will must be signed by the testator and filed with the clerk of the circuit court wit…

A Florida attorney represents both the buyer and the seller in a residential real estate transaction. Under Rule 4-1.7 of the Rules Regulating the Florida Bar, what must the attorney do?

• AThe attorney may represent both parties without any additional requirements because real…
• BThe attorney must decline representation of both parties because dual representation is a…
• CThe attorney must reasonably believe that competent and diligent representation can be pr…
• DThe attorney must obtain verbal consent from both parties and file a disclosure with the…

In Florida, under § 90.803(1), what is the hearsay exception for present sense impressions?

• AA statement describing or explaining an event, made while the declarant was perceiving th…
• BA statement made under the stress of excitement caused by a startling event
• CA statement of the declarant's then-existing state of mind or physical condition
• DA statement made for purposes of medical diagnosis or treatment

Under Florida's comparative negligence statute (§ 768.81), what is the effect of a plaintiff being found 51% or more at fault for their injuries?

• AThe plaintiff's recovery is reduced by their percentage of fault but is not barred
• BThe plaintiff is completely barred from recovery
• CThe plaintiff may still recover up to 50% of damages from any defendant
• DThe court must order a new trial to reassess fault allocation

Under Florida Statute § 61.075, which of the following is NOT considered a marital asset subject to equitable distribution upon dissolution of marriage?

• AAssets acquired during the marriage by either party individually
• BThe enhancement in value of nonmarital assets resulting from the efforts of either party…
• CAn inheritance received by one spouse during the marriage that was kept in a separate acc…
• DInterspousal gifts made during the marriage

Under Article I, Section 23 of the Florida Constitution, Florida residents are afforded a right not explicitly found in the U.S. Constitution. What is this right?

• AThe right to keep and bear arms without any state regulation
• BThe right of privacy
• CThe right to a speedy civil trial within 90 days
• DThe right to free public university education

A Florida limited liability company (LLC) is formed by filing articles of organization with which state agency?

• AThe Florida Department of Revenue
• BThe Florida Division of Corporations under the Department of State
• CThe Florida Office of Financial Regulation
• DThe Florida Secretary of the Senate

Under Florida Rule of Criminal Procedure 3.191, a defendant charged with a felony who is not brought to trial within how many days of arrest may file a demand for speedy trial?

• A60 days
• B90 days
• C175 days
• D365 days

Under Florida's homestead exemption (Article X, Section 4, Florida Constitution), which of the following is true regarding the protection of a homestead from forced sale?

• AThe homestead exemption protects up to $100,000 in equity from creditors
• BThe homestead is protected from forced sale by creditors with no dollar limit on the valu…
• CThe homestead exemption applies only to married couples who file jointly
• DThe homestead is protected from all creditors including mortgage holders and tax lien hol…

Under Florida Statute § 90.502, attorney-client privilege in Florida applies to confidential communications. Which of the following would NOT be protected by this privilege?

• AA client's oral statement to her attorney describing the facts of a dispute
• BA written letter from an attorney to a client providing legal advice
• CA client's statement to her attorney made in the presence of an unnecessary third party w…
• DA client's email to the attorney's paralegal seeking legal advice

Under Florida Statute § 732.201, a surviving spouse's elective share of the decedent's estate is what percentage?

• AOne-half of the augmented estate
• BOne-third of the augmented estate
• CThirty percent of the fair market value of all estate assets
• D30% of the elective estate

Under the Florida Rules of Judicial Administration (Rule 2.514), how are weekends and legal holidays counted when computing time periods of fewer than 7 days?

• AWeekends and legal holidays are always counted in the computation
• BWeekends and legal holidays are excluded from the computation
• COnly Sundays are excluded; Saturdays and holidays are counted
• DThe computation always uses calendar days regardless of weekends or holidays

Under Florida Statute § 776.012, when may a person use deadly force in self-defense without a duty to retreat?

• AOnly when inside their own home or vehicle
• BWhen the person reasonably believes deadly force is necessary to prevent imminent death o…
• COnly after first attempting to retreat from the confrontation
• DOnly when confronted with deadly force by the attacker and no avenue of escape exists

Under Florida Rule of Civil Procedure 1.380, if a party fails to comply with a discovery order, which of the following sanctions may the court impose?

• AOnly monetary sanctions in the form of attorney's fees
• BDismissal of the action or striking of pleadings, designation of facts as established, pr…
• COnly a continuance of the trial date
• DAutomatic default judgment against the non-complying party without further hearing

Under Article V, Section 3(b) of the Florida Constitution, which types of cases fall within the mandatory jurisdiction of the Florida Supreme Court?

• AAll cases involving amounts in controversy exceeding $500,000
• BCases where the death penalty has been imposed, cases involving the validity of a state s…
• CAll felony appeals from the circuit courts
• DAll cases certified by the federal courts