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FL Crim Pro - Bar Exam Final Questions with Correct Answers

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To assert right to self-representation, the defendant must ______________ waive the right to counsel. knowingly and intelligently" When may a defendant not be able to "knowingly and intelligently" waive the right to counsel? If defendant has a "severe mental illness." A felony is any criminal offense punishable by _________. Death or incarceration for a period EXCEEDING one year A misdemeanor is any criminal offense punishable by ___________. incarceration for a period not in exces...

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Florida Law Exam Questions with 100% Correct Answers

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with regards to continuing education requirements, what are the maximum number of hours that can be completed through home study for a licensee that has been inactive for 1 year? 6 hours a physical therapy aide is able to participate in which of the following areas of documentation? recording interventions performed during treatment a licensee has completed one continuing education unit during the renewal cycle. How many additional hours are required? 14 a patient receiving treatment at...

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FL BAR- Corporations Review Questions with Correct Answers

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Amendment of Article of Incorporation - who may amend if the corp hasn't issued any stock? BoD If there isn't a board of directors, then the Incorporators When is a corporation born? Aka come into existence? When the Department of State files the articles of incorporation. Amendment of Article of Incorporation - who may amend if the corp has issued any stock? Two step process: 1. BoD must adopt the amendment AND 2. Board must submit the amendment to the SHs for their appro...

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Florida Bar- Real Property Test Questions with Answers

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A seller is liable for Failure to Disclose if what? Seller is liable if: Seller knows or has reason to know of defect.; The defect isn't obvious or apparent and buyer is not likely to discover it by ordinary inspection.; AND Defect would cause buyer to reconsider purchase if known. What does a deed do? Transfers title to an interest in real property. A deed must be in writing and what other two things are required? Must be in writing; signed by the grantor; and reasonably identify th...

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FL BAR MC-EVIDENCE TEST QUESTIONS AND ANSWERS

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Judicial notice Judicial notice applies to adjudicative facts + legislative facts Judicial notice -- Judge in FL court § MUST - take judicial notice of laws that have statewide effect in FL § MAY - take judicial notice of laws that are not subject to reasonable dispute b/c they are generally known o May turns into must if party requests judicial notice of a discretionary matter Jury Instructions § Civil - MUST accept judicial notice as fact § Criminal - MAY accept judicial notice as...

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FL BAR EXAM- TORTS VS CRIMES REVIEW QUESTIONS WITH ANSWERS

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Intentional Infliction of Emotional Distress i) an act by the ∆ amounting to extreme and outrageous conduct; ii) intent on part of the ∆ to cause the π to suffer severe emotion distress OR recklessness as to the effect of the ∆'s conduct; iii) causation; iv) and damages in the form of severe emotional distress Do NOT need to show physical impact or physical manifestation, but severe emotional distress = more than a reasonable person could be expected to endure Battery (Tort...

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Florida Criminal Procedure Bar Prep Questions and Answers

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What are the 4 different pre trial areas? 1) notices to appear, 2) first appearances, 3) probable cause determination, 4) adversary preliminary hearing What are the major areas for trial? 1) voir dire, 2) closing arguments, 3) deliberation process What kind of cases can the circuit court hear? MIS. FELWRIJ 1) all felonies, 2) misdemeanors joined w/ felonies, 3) juvenile cases; 4) writs of prohibition & writs of mandamus What kind of cases can county court hear? 1) Misdemeanors (excep...

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FL Bar Practice Questions with Correct Answers

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Will Validity For a will to be validly created, it must (1) be in writing (2) testator must have intent to create it (3) be signed by (4) testator (5) two subscribing witnesses (6) in the presence of each other and (7) signed at the end of the will Presence requirement Two rules (1) line of sight, minority and (2) conscious presence, majority, the FL supreme court has not ruled on this but lower courts tend to follow line of sight. Signing element for it to be met the will must be signed a...

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Florida Bar Exam - Secured Transactions, Priority Rules Questions with Answers

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Four types of priority conflicts 1. Secured Party vs. Secured Party 2. Secured Party vs. Buyer 3. Secured Party vs. Judicial Lien 4. Secured Party vs. Statutory Lien Priority Conflict Mnemonic Secured Bitches Just Steal Secured Party vs. Secured Party Priority, General Rule As between two perfected SPs, the first to file or perfect prevails. As between two unperfected SPs, the first to attach has priority. Perfected SP has priority over unperfected SP Secured Party vs. Secure...

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FL Bar - Family Law Review Questions with Answers

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Jurisdiction of FL Courts for Family Law Issues - Florida law requires at least one spouse to be a resident of the state for six months before commencing a matrimonial action. In Florida, personal jurisdiction over a person may be obtained based on the person's physical presence in the state, ownership of property located in the state, or minimum contacts - In an action involving parental responsibility for a child, jurisdiction is based on the Uniform Child Custody Jurisdiction and Enforcemen...

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