Free FL Bar Exam Flashcards

The minimum contacts test from International Shoe: the defendant must have purposefully availed itself of the forum state so that exercising jurisdiction does not offend traditional notions of fair play and substantial justice.

Federal question jurisdiction, where the claim arises under the Constitution, a federal statute, or a treaty, and diversity jurisdiction, which requires complete diversity of citizenship between all plaintiffs and defendants plus an amount in controversy exceeding $75,000.

State substantive law governs (as declared by the state's highest court), while federal procedural rules apply. Erie exists to prevent forum-shopping and unequal treatment between in-state and out-of-state litigants.

Only a defendant, never a plaintiff, may remove, generally within 30 days of receiving the initial pleading. Under the forum-defendant rule, a diversity case cannot be removed if any defendant is a citizen of the state where the action was filed.

Most constitutional protections, like the 14th Amendment, restrain only government conduct, not purely private conduct. A plaintiff must show significant state involvement in the challenged conduct before a constitutional claim can proceed.

Strict scrutiny applies to fundamental rights and suspect classifications like race and requires narrow tailoring to a compelling interest. Intermediate scrutiny applies to gender and requires a substantial relation to an important interest. Rational basis is the default for economic and social regulation and only requires a rational relation to a legitimate interest.

A state law that discriminates against or unduly burdens interstate commerce is invalid unless it serves a legitimate local interest that cannot be achieved through nondiscriminatory means. Facially discriminatory laws face a nearly insurmountable burden to survive.

At common law, an acceptance must mirror the offer exactly or it becomes a counteroffer. Under UCC §2-207, a definite acceptance can form a contract even with additional or different terms, which become proposed additions between merchants unless they materially alter the deal or the offeror objects.

Consideration requires a bargained-for legal detriment: a promise, act, or forbearance exchanged for the other party's promise. Past consideration and performance of a preexisting legal duty generally do not count as new consideration.

A seller must deliver goods that conform exactly to the contract, or the buyer may reject the entire shipment. The seller can cure a nonconforming delivery if the time for performance hasn't expired, or with notice in some cases even after that time.

It bars evidence of prior or contemporaneous agreements that contradict a fully integrated written contract. It does not bar evidence of later modifications, evidence explaining an ambiguous term, or evidence of fraud affecting the contract's formation.

A statement taken in violation of Miranda is inadmissible in the prosecution's case-in-chief, but it may still be used to impeach the defendant's credibility if the defendant testifies inconsistently at trial.

Evidence obtained through an unreasonable search or seizure is generally inadmissible against the defendant. Exceptions include good-faith reliance on a defective warrant and inevitable discovery, where the evidence would have been found through lawful means anyway.

A specific intent crime requires proof of a further mental objective beyond the act itself, such as burglary requiring intent to commit a crime once inside. Voluntary intoxication can negate specific intent but is not a defense to general intent crimes.

Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. A statement offered for another purpose, such as its effect on the listener or to show notice, is not hearsay.

Evidence is relevant if it has any tendency to make a fact of consequence more or less probable than it would be without the evidence. This is a low threshold, and relevant evidence is admissible unless another rule excludes it.

A court may exclude relevant evidence if its probative value is substantially outweighed by the danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, or needless cumulative evidence.

Propensity evidence is barred, meaning a past bad act cannot be used to show the person acted the same way again. But other-act evidence is admissible for another purpose, such as motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake.

A contingent future interest is void unless it must vest or fail, if at all, within 21 years after the death of a relevant life in being at the interest's creation. Interests that violate the rule are struck from the conveyance.

Possession must be actual, open and notorious, exclusive, hostile (without the owner's permission), and continuous for the full statutory period. Meeting all five elements can transfer title away from the record owner.

A notice statute protects a subsequent bona fide purchaser without notice, even if they never record. A race statute protects whoever records first, regardless of notice. A race-notice statute protects a subsequent BFP only if they both lack notice and record first.

Duty, breach of that duty, causation (both actual cause and proximate cause), and damages. Missing any one element defeats the claim.

Strict liability applies to abnormally dangerous activities, harm caused by wild animals, and defective products, regardless of the defendant's fault. The plaintiff need only prove the activity or product caused the injury.

Express assumption of risk arises from an actual agreement, like a signed waiver, accepting a known danger. Implied assumption of risk arises from a plaintiff's conduct showing they voluntarily encountered a known risk, without any express agreement.

An employer is liable for torts an employee commits within the scope of employment. This doctrine generally does not extend to independent contractors, except for non-delegable duties or inherently dangerous activities.

Since May 2021, Florida Rule of Civil Procedure 1.510 adopts the federal Celotex standard: the movant must show no genuine issue of material fact and entitlement to judgment as a matter of law. It replaced the pre-2021 Holl v. Talcott standard, which required the movant to conclusively disprove the nonmovant's theory of the case.

Fla. Stat. §48.193 lists specific acts, such as transacting business in Florida or committing a tortious act within the state, that subject a nonresident defendant to the personal jurisdiction of Florida courts.

It waives sovereign immunity so tort claims can be brought against the state and its subdivisions, but it caps the damages a claimant can recover through an ordinary suit. Recovering an amount above the statutory cap requires a separate legislative claims bill.

Article I, Section 23 of the Florida Constitution provides an explicit textual right to privacy, giving Florida citizens broader protection than the implied federal privacy right recognized under U.S. Supreme Court case law.

Article V, Section 15 of the Florida Constitution vests the Florida Supreme Court with exclusive authority to admit and discipline attorneys. The Legislature cannot regulate attorney licensure.

Stand Your Ground (§776.012) removes the common-law duty to retreat before using force in self-defense anywhere a person is lawfully present. The Castle Doctrine (§776.013) goes further inside one's home, vehicle, or workplace by presuming the occupant held a reasonable fear of death or great bodily harm from an intruder.

Since a 2017 statutory amendment, the State bears the burden to disprove the defendant's claim of self-defense immunity by clear and convincing evidence, rather than the defendant having to prove the claim.

Fla. R. Crim. P. 3.191 requires trial within 175 days (felonies) / 90 days (misdemeanors), measured from the filing of formal charges - changed from arrest effective July 1, 2025 (FL Supreme Court, SC2022-1123).

Since May 23, 2019, Florida applies the Daubert standard, under which the trial judge acts as a gatekeeper assessing an expert's methodology and reliability. It replaced the older Frye standard, which asked only whether the expert's technique was generally accepted in the relevant field.

Florida Evidence Code §90.803(18) treats a party's own statement as a hearsay exception, meaning it is technically hearsay but admissible. The Federal Rules classify the identical statement as non-hearsay under FRE 801(d)(2), so no exception analysis is needed at all.

An excited utterance is a statement made under the stress of a startling event, while a present sense impression describes an event made during the event or immediately after. Neither exception requires the declarant to be unavailable to testify.

HB 837 (2023) moved Florida from pure comparative fault to modified comparative fault with a 51% bar: a plaintiff found more than 50% at fault for their own injury recovers nothing, whereas under the old rule any percentage of fault still allowed a reduced recovery.

Florida requires a 90-day presuit notice period before filing, giving the defendant and their insurer time to investigate the claim and consider settlement before litigation formally begins.

Florida's Article 3 (Chapter 673) governs negotiable instruments like notes and checks, including holder-in-due-course status. Florida's Article 9 (Chapter 679) governs secured transactions, including how a creditor perfects and prioritizes a lien on collateral.

The holder must take a negotiable instrument for value, in good faith, and without notice that it is overdue, dishonored, or subject to a claim or defense. Holder-in-due-course status cuts off most personal defenses to payment.

Section 725.01 requires a signed writing for categories like suretyship agreements and contracts not to be performed within a year. This is separate from UCC §2-201, which independently requires a writing for the sale of goods priced at $500 or more.

Florida is a pure notice state. A subsequent bona fide purchaser who takes without notice of a prior unrecorded interest prevails over that prior interest even if the subsequent purchaser never records at all - recording first is not required to win.

Under SB 1416 (2023), durational alimony cannot exceed 50% of the marriage length for a short marriage under 10 years, 60% for a moderate marriage of 10-20 years, or 75% for a long marriage over 20 years; marriages under 3 years get no durational alimony at all. Permanent alimony was eliminated.

Florida is not a community property state. Under §61.075, courts equitably distribute marital assets and liabilities, starting from a presumption of equal division and adjusting based on statutory factors like each spouse's contribution to the marriage.

Under §732.502, the testator (or someone else in the testator's presence and at their direction) must sign the will, and at least two witnesses must sign in the presence of the testator and each other. Florida does not recognize holographic, unwitnessed, handwritten wills.

The elective share entitles a surviving spouse to 30% of the elective estate, protecting against disinheritance. The spouse must elect it by the earlier of 6 months after service of the notice of administration or 2 years after the decedent's death.

Chapter 605, the Florida Revised LLC Act, governs LLCs, which can choose to be member-managed or manager-managed. Chapter 607, the Florida Business Corporation Act, governs corporations, which are formed by filing articles of incorporation.

Courts may disregard the corporate form and impose personal liability on shareholders or members when the entity was used to commit fraud, is severely undercapitalized, or functions merely as the owner's alter ego rather than a separate entity.

Only if the lawyer reasonably believes competent, diligent representation of each affected client remains possible despite the conflict, and each affected client gives informed consent confirmed in writing.

Lawyers must hold client and third-party funds in a separate trust account, keep complete records of all deposits and disbursements, and promptly notify and deliver funds owed to clients or third persons.