FL Bar Exam Flashcards

Q: What is the passing score for the Florida Bar Exam?

You need a combined scaled score of 136 out of 200 to pass. The Florida-specific portion (3 essays plus 100 multiple-choice questions) and the MBE (200 questions) are each weighted 50% of your final score, and Florida does not require a separate minimum score on the MBE alone.

Q: How much does the Florida Bar Exam pass rate vary between administrations?

Pass rates swing significantly by administration. For first-time, full-exam takers, July 2025 had a 78.4% pass rate (1,687 of 2,152), while February 2026 had only a 61.8% pass rate (332 of 537). Including repeat takers, the overall pass rate was 67% in July 2025 and just 44% in February 2026 - February administrations consistently run lower than July.

Q: What happens if I fail the Florida Bar Exam?

There is no limit on retake attempts, but you must file a new re-examination application and pay a $450 reapplication fee each time. Because the exam is offered only twice a year (February and July), you effectively wait about 6 months for the next administration regardless of how many times you've failed - there's no escalating waiting period like some other exams impose.

Q: What changed in Florida's speedy trial rule in 2025?

Effective July 1, 2025, Florida amended Fla. R. Crim. P. 3.191 so the speedy trial clock starts running when formal charges are filed rather than at the moment of arrest. The underlying deadlines are unchanged: 175 days for felonies and 90 days for misdemeanors.

Q: What is the biggest difference between the MBE and the Florida-specific portion of the exam?

The MBE (Day 2, 200 questions) tests general American law on 7 equally weighted subjects, without regard to any particular state's variations. The Florida-specific portion (Day 1: 3 essays plus 100 multiple-choice questions) tests Florida statutes, rules, and case law that often depart from the majority rule - when Florida law differs from the general rule tested on the MBE, apply Florida law on the Florida portion.

Question 1

What test governs personal jurisdiction over an out-of-state defendant under the MBE's constitutional law rules?

Accepted Answer

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.

Question 2

What are the two paths to federal subject matter jurisdiction tested on the MBE?

Accepted Answer

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.

Question 3

Under the Erie doctrine, which law applies to substantive versus procedural issues in a federal diversity case?

Accepted Answer

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.

Question 4

Who may remove a case from state to federal court, and what is the forum-defendant rule?

Accepted Answer

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.

Question 5

What is the state action doctrine, and why does it matter for constitutional claims?

Accepted Answer

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.

Question 6

What are the three levels of judicial scrutiny for equal protection and due process claims, and when does each apply?

Accepted Answer

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.

Question 7

When does a state law violate the dormant Commerce Clause?

Accepted Answer

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.

Question 8

How does the UCC's battle of the forms rule in §2-207 differ from the common law mirror image rule?

Accepted Answer

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.

Question 9

What is required for consideration to support a contract, and what doesn't count?

Accepted Answer

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.

Question 10

What is the perfect tender rule under UCC Article 2, and how can a seller avoid rejection?

Accepted Answer

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.

Question 11

What does the parol evidence rule bar, and what can it not bar?

Accepted Answer

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.

Question 12

What is the consequence of a Miranda violation on the prosecution's use of a defendant's statement?

Accepted Answer

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.

Question 13

What is the exclusionary rule, and name two exceptions tested on the MBE.

Accepted Answer

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.

Question 14

What distinguishes a specific intent crime from a general intent crime?

Accepted Answer

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.

Question 15

What is the definition of hearsay under the Federal Rules of Evidence, and what falls outside it?

Accepted Answer

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.

Question 16

What is the standard for relevance under FRE 401, and how low is the bar?

Accepted Answer

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.

Question 17

Under FRE 403, when can relevant evidence still be excluded?

Accepted Answer

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.

Question 18

Under FRE 404(b), when is evidence of other crimes, wrongs, or acts admissible?

Accepted Answer

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.

Question 19

What is the Rule Against Perpetuities?

Accepted Answer

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.

Question 20

What are the common-law elements of adverse possession?

Accepted Answer

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.

Question 21

What are the three types of recording acts tested on the MBE, and how does each protect a subsequent purchaser?

Accepted Answer

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.

Question 22

What are the four elements of a negligence claim?

Accepted Answer

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

Question 23

When does strict liability apply instead of a negligence standard?

Accepted Answer

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.

Question 24

What is the difference between express and implied assumption of risk?

Accepted Answer

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.

Question 25

Under respondeat superior, when is an employer vicariously liable for an employee's tort?

Accepted Answer

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.

Question 26

What summary judgment standard does Florida use today, and what did it replace?

Accepted Answer

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.

Question 27

What is Florida's long-arm statute, and what does it do?

Accepted Answer

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.

Question 28

What does Florida's sovereign immunity statute, Fla. Stat. §768.28, do for tort suits against the state?

Accepted Answer

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.

Question 29

What Florida constitutional provision creates an explicit right of privacy?

Accepted Answer

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.

Question 30

Which branch of Florida government has exclusive authority to regulate the practice of law?

Accepted Answer

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.

Question 31

How does Florida's Stand Your Ground law differ from its Castle Doctrine?

Accepted Answer

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.

Question 32

Who bears the burden of proof at a Stand Your Ground pretrial immunity hearing, and since when?

Accepted Answer

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.

Question 33

What are Florida's speedy trial deadlines, and what changed in 2025?

Accepted Answer

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).

Question 34

What standard governs expert testimony reliability in Florida, and what did it replace?

Accepted Answer

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.

Question 35

How does Florida treat an opposing party's own out-of-court statement differently from the Federal Rules?

Accepted Answer

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.

Question 36

What is the difference between an excited utterance and a present sense impression under Florida's hearsay exceptions?

Accepted Answer

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.

Question 37

How did Florida's 2023 tort reform change comparative fault?

Accepted Answer

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.

Question 38

What must a plaintiff do before filing a Florida medical malpractice lawsuit?

Accepted Answer

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.

Question 39

What is the difference between what UCC Article 3 and UCC Article 9 govern in Florida?

Accepted Answer

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.

Question 40

What three requirements must be met to become a holder in due course?

Accepted Answer

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.

Question 41

What does Florida's general statute of frauds, §725.01, require, and how does it differ from the UCC's statute of frauds?

Accepted Answer

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.

Question 42

Is Florida's recording act, Fla. Stat. §695.01, a notice, race, or race-notice statute?

Accepted Answer

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.

Question 43

What are Florida's durational alimony caps by marriage length after the 2023 reform?

Accepted Answer

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.

Question 44

How does Florida divide marital property in a divorce?

Accepted Answer

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.

Question 45

What are the execution requirements for a valid attested will in Florida, and does Florida recognize holographic wills?

Accepted Answer

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.

Question 46

What is Florida's elective share, and when must a surviving spouse elect it?

Accepted Answer

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.

Question 47

What Florida statutes govern LLC formation versus corporation formation?

Accepted Answer

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.

Question 48

When will a Florida court pierce the corporate veil to reach a shareholder's personal assets?

Accepted Answer

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.

Question 49

Under Florida Bar Rule 4-1.7, when can a lawyer represent a client despite a concurrent conflict of interest?

Accepted Answer

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.

Question 50

What does Florida's trust accounting rule, Rule 5-1.1, require of lawyers holding client funds?

Accepted Answer

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.

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