BLACK LETTER LAW MIXED SUBJECTS Flashcards

Question

How will the proceeds from a partition sale of property initially held by four joint ttenants (A, B, C, and D) be divided if A sold her interest to E, and B died, leaving her property to F and G?

Answer 1

C and D get 3/8 each; E gets 1/4 The proceeds from a partition sale of property initially held by four joint tenants (A, B, C, and D), after A sold her interest to E, and B died, leaving her property to F and G, would be divided as follows: C and D get 3/8 each; E gets 1/4. The distinguishing feature of a joint tenancy is the right of survivorship. When property is held by three or more joint tenants, one joint tenant's conveyance destroys the joint tenancy only as to that interest. The remaining joint tenants continue to hold in joint tenancy as between themselves, and the grantee holds his interest as a tenant in common with them. When A sold her interest to E, that 1/4 interest was severed and thus converted into a tenancy in common, which E continues to hold. Thus, E gets A's 1/4 share. When one joint tenant dies, the property is freed from her interest, and the survivors retain an undivided right in the property. Since B's interest was extinguished on her death, B's devisees do not take B's interest; the surviving joint tenants hold free of it. This leaves C and D as joint tenants with right of survivorship, together owning a 3/4 interest in the land. A joint tenancy is terminated by a suit for partition. When the partition sale was ordered, this joint tenancy was converted into a tenancy in common, and split equally between C and D. Thus, C and D each will receive 3/8 of the partition proceeds

Answer 2

No person shall be deprived of life, liberty, or property without due process of law, or be twice put in jeopardy for the same offense, or be compelled in any criminal matter to be a witness against oneself. Fla. Const. art. I, § 9.

Answer 3

if a law similarly burdens or penalizes unprotected and protected expression (e.g., speech or conduct); and the law results in deterring people from exercising a constitutional right of protected expression in order to avoid criminal prosecution; then that law is facially invalid and entirely unconstitutional.

Answer 4

spouses, jointly

Answer 5

Fee simple determinable, fee simple subject to a condition subsequent, fee simple subject to an executory interest.

Answer 6

This is an estate where your rights can end but it one is not automatic and the person has a right of reentry which must be claimed to turn it back over to the grantee. The occurrence of the condition gives the grantor the right to affirmatively act to get the property back.

Answer 7

Yes if it is clear the parties intended to make a contract the court can supply reasonable terms that are missing. The court would simply provide that the price is reasonable at the time of delivery and the time is within a reasonable time.

Answer 8

Florida law includes a pure notice type of recording act. It provides that: (A) no disposition (i.e., conveyance, transfer, or mortgage) of an interest in real property, and (B) no lease of at least a one-year term, will be good and effectual against creditors or subsequent purchasers for value who lack notice of such real property interests unless the interest is duly recorded. Fla. Stat. ch. 695.01(1)

Answer 9

The purpose of abating or eliminating a public nusiance, or eleminationg slum or blight. This in not valid and dont amount to a public purpose.

Answer 10

A tenancy at will is terminated by the parties at any time or by operation of law. IN FLorida, specific notice of termination time limits apply and the tenancy is created by express agreement or periodic payments.

Answer 11

The second partner has title free and clear of the mortgage. When the partners bought the property, they took title as joint tenants with right of survivorship. If the joint tenancy continued until the first partner's death, then the property would pass immediately on death to the second partner. Because the second partner did not sign the mortgage, she would not be subject to it, regardless of whether she knew about it. The key to answering this question is to know whether execution of the mortgage by the first partner caused a severance of the joint tenancy. If it did cause a severance, then the first partner's one-half would not pass to the second under right of survivorship but instead would pass to the first's estate, and thus would go to the daughter by will. Whether a mortgage creates a severance or not depends on whether the state follows the lien theory or the title theory of mortgages. Lien theory means no severance; title theory means severance. Because this is a lien theory state (majority rule on the MBE), there was no severance; thus, the joint tenancy remained intact. On the first partner's death, the joint tenancy ended and the first partner's interest instantly passed to the second partner. The first partner's estate got nothing; hence, the daughter could get nothing. (B) would be the correct answer if the execution of the mortgage had created a severance of the joint tenancy. The severance would have changed the joint tenancy to a tenancy in common. The second partner would keep her one-half, free of the mortgage she did not sign, and the daughter would inherit the first partner's one-half, subject to the mortgage the first partner signed. Because we are told this is a lien theory state, there was no severance when the mortgage was executed so the joint tenancy remained intact until the first partner's death. (C) is incorrect. Not only is the joint tenancy unsevered so that it remains intact to give title to the entire property to the second partner, but also under no circumstances could the second partner be held liable for a mortgage she did not enter into. (D) is incorrect. When the first partner died, the property passed free and clear to the surviving joint tenant. The mortgage signed by the first partner did not sever the joint tenancy because this is a lien theory state. The mortgage can be held only against the property the first partner has; when the first partner died, the right of survivorship operated to end the first partner's interest and automatically vested it in the survivor.

Answer 12

General laws are laws that apply uniformly throughout the entire state.

Answer 13

The quantity offered must be certain or capable of being made certain. Requirement/output contracts for example itis assumed that there will be no unreasonably disproportionate request.

Answer 14

this is when the contract is formed by manifestations of intent read CONDUCT forms the contract.

Answer 15

Due Process State Action Fundamental Rights – equal protection and judicial review

Answer 16

REview of Distric Ct. of apeals decisions declaring statute valid or concerning fl constitution, great public importance, or to decide when two district courts in conflict

Answer 17

Search warrants may be issued only upon probable cause, supported by an affidavit describing the persons or places to be searched, the things to be seized, and/or the communication to be intercepted. The Florida Constitution provides for the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, and against the unreasonable interception of private communications by any means. Before a warrant for a search of a person’s home can be issued, it is not sufficient for a law officer to set forth a reasonable suspicion that a crime has been committed in the home.

Answer 18

The Florida Constitution grants the addtional rights to the people to instruct their representatives. The U.S. Constitution does not grant the people the right to instruct their representatives, whereas the Florida Constitution does. There is no right to assemble non-peacefully. The Florida Constitution, like its federal constitutional counterpart, provides for the right to assemble for the redress of grievances. The Florida courts generally adopt the standards applicable to the corresponding freedom of assembly provisions in the U.S. Constitution.

Answer 19

Are allowed, but not on intangible personal property. Counties, school districts, and municipalities shall, and special districts may, be authorized by law to levy ad valorem taxes and may be authorized by general law to levy other taxes, for their respective purposes, except ad valorem taxes on intangible personal property and taxes prohibited by this constitution.

Answer 20

Grantor who gave a fee simple subject to a condition subsequent. This is a right that they have to exercise however, so they have it but they may not use it.

Answer 21

A homestead is a type of interest in property. A homestead is the primary, principal residence of its owner, a natural person, in Florida.

Answer 22

preempt municipal ordinances.

Answer 23

A lease of real property is an interest in land subject to Florida’s Statute of Frauds if its duration exceeds one year. Fla. Stat. ch. 725.01

Answer 24

refuse to enforce the K, enforce the remainder of the K without the unconscionable clause, limit the application of any clause as to avoid an unconscionable result.

Answer 25

Compelling; least intrusive means. The Florida Constitution permits government interference with the right to privacy only if there is a compelling state interest and the least intrusive means are used to protect that interest.

Answer 26

Under certain circumstances, a merchant may detain and question a person of interest for a suspected offense. Fla. Stat.ch. 812.015.To do that, a merchant needs:• probable cause to believe that a person committed a retail theft or unlawful use or attempted use of an anti-shoplifting or inventory control device countermeasure; and• in the case of retail theft, that the property can be recovered by taking the offenderinto custody

Answer 27

total or partial actual eviction

Answer 28

Florida counties are classified as either chartered or non-chartered. Florida state law governs as to any conflicting county or municipal law. Whether Florida county law governs as to any conflicting municipal law depends upon whether the county is a charter or non-charter county.

Answer 29

This is when one party is unjustly enriched and the court makes it a contract and the unjustly enriched person pays restitution to the person damaged.

Answer 30

A person commits the first degree felony of “trafficking in cannabis” by knowingly purchasing, selling, delivering, manufacturing, or bringing into Florida, knowingly having possession of, more than 25 pounds of cannabis, or at least 300 cannabis plants.

Answer 31

Before divorece degree, settles economic issues, can't be modified

Answer 32

None under the UCC.

Answer 33

Vacate, terminate Sue

Answer 34

Acceptance is valid at the moment of dispatch, unless rejection sent first then which one arrives first counts. But if rejection arrives first and offer detrimentally relies on it then it sticks.

Answer 35

It fails and is not considered an offer. Fair, appropriate, etc.

Answer 36

``` Capital felony LIfe Felony Felony of the first degree felony of the second degree felony of the third degree ``` THis is hou it is Unless Unless an existing Florida constitutional provision, statute, court rule, or court decision states otherwise, the following provisions control the identification of criminal offenses as either misdemeanors or felonies. Fla. Stat.ch. 775.081(3).a)Felony Categories

Answer 37

An easement by estoppel generally involves both oral permission and detrimental reliance. An oral promise of an easement alone, however, is unenforceable under Florida’s Statute of Frauds. Fla. Stat. ch. 725.01. Katcher v. Sans Souci Co., 200 So. 2d 826 (Fla. Dist. Ct. App. 3 07/05/67), cert. discharged, 217

Answer 38

adverse possession with color of title.

Answer 39

3 days beteen purcahse and delivery of a handgun.

Answer 40

THE CHARTER: And they can act as long as it is not inconsistent with State law. ounties operating under county charters shall have all powers of local self-government not inconsistent with general law or special law. In other words, the power to act for charter counties is presumed, absent a conflicting state law. The charter shall provide which shall prevail in the event of conflict between county and municipal ordinances.

Answer 41

acknowledged by the signing party, proved by a subscribing witness, or authenticated

Answer 42

Bear Arms. The right of the people to keep and bear arms in defense shall not be infringed, except that the manner of bearing arms may be regulated by law. Fla. Const. art. I, § 8(a).

Answer 43

The Florida Supreme Court has concluded that "a competent person has the constitutional right to choose or refuse medical treatment." In re Guardianship of Browning, 568 So. 2d 4, 11 (Fla. 1990).

Answer 44

No they are invitations for offers.

Answer 45

whether the terms or so one-sided as to be unconscionable under the circumstances at the time the contract was formed.

Answer 46

In Florida, a lack of proper recording of a real property interest creates a rebuttable presumption that a person lacks constructive notice of such a pre-existing but unrecorded interest in real property.

Answer 47

rule against perpetuities.

Answer 48

GENERAL STALKING –MISDEMEANOR Stalking occurs when an accused willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a victim. Fla. Stat. ch. 784.048(2). This offense is first-degree misdemeanor. Id. 2)AGGRAVATED STALKING -FELONYAggravated stalking is a third-degree felony. Fla. Stat.ch. 784.048(3). It consists of the same prohibited conduct as general stalking, plus an additional element. Id.Specifically, the accused must also make a credible threat, with the intent to place the victim in reasonable fear of the death or bodily injury of the victim or the victim’s:•child,•sibling,•spouse,•parent, or•dependent. Id.; Fla. Stat.ch. 784.048(1)(c). In Florida, stalking includes several types of behavior by an accused towards a victim. A victim can file a stalking complaint seeking to obtain an injunction preventing the stalker from continuing the alleged misconduct.

Answer 49

homestead property is exempt from some taxes (as addressed earlier); 25k homestead property is protected from forced sale by creditors (under any court process) and no judgment or execution may be a lien on homestead property; and homestead owner is restricted from alienating or devising homestead property

Answer 50

Every law can embrace only one subject and matter properly connected therewith (the “Single Subject Rule”).

Answer 51

An employer is liable for negligent hiring when the employer hires a person who he knows or should have know was not qualified for the job or if there is something in the ee history that makes them unfit for employment.

Answer 52

This is a tenancy that continues on successive periods (month to month for example) IT is automatically renewed and requires a notice of termination. A year to year tenancy requires a 60 day notice, a month to month requires a 15 day notice.

Answer 53

Even if no consideration This can't be revolked for 90 days if no time period is listed in offer. but this is when no consideration is given. when consideration gets involved it becomes an option contract.

Answer 54

Is an estate that ends autimatically if a particular event occurs. If that event occurs it reverts to the person who conveyed the property. AUTOMATICALLY

Answer 55

compensation; If that owner is awarded compensation for the easement, the easement will exist from when the award is paid.

Answer 56

Felony . by selling or delivering over 10 grams of certain controlled substances, or any combination of those controlled substances, or any mixuture including such substance.

Answer 57

Once the question of whether there has been a taking has been resolved, the question of what constitutes full compensation is for a jury. Note, however, that the right to a jury on this issue is statutory, not constitutional.

Answer 58

A person commits second-degree murder when a victim is killed by someone other than the person who was engaged in the perpetration of, or in the attempt to perpetrate, a felony. Fla. Stat.ch. 782.04(3). In this event, the person perpetrating or attempting to perpetrate an enumerated dangerous felony is guilty of second-degree murder

Answer 59

Mistake, Lack of Capacity, Illegality, or Statute of Frauds.

Answer 60

injunction temporary injunction good for 15 days (need hearing to be permanent) must be on reasonable belief of violence and general injunction which requires notice and hearing

Answer 61

This is a rejection of the offer when they are express.

Answer 62

Yes: Full compensation for the property taken must be in accord with its fair market value, including attorneys’ fees. Property owners may be awarded prejudgment interest on paid expenses. Leaseholds, easements, personal property, franchises, and contracts have been held to be compensable property interests.

Answer 63

Certain property is exempt from ad valorem taxation including: 1) all property owned by a municipality and used for municipal or public purposes (but not such property used for commercial or private purposes); 2) household goods and personal effects of at least $1,000 for each household; and 3) $25,000 of value for a qualified homestead (residing on the property and in good faith making it a permanent home

Answer 64

(Under the UCC, the acceptance does NOT have to mirror the offer [i.e., the acceptance can include different or additional terms from those in the offer]. UCC § 2-207[1] determines whether the purported acceptance [containing new terms] will operate as an acceptance or as a counteroffer. It states: 1. A definite and seasonable expression of acceptance or written confirmation; 2. Which is sent within a reasonable amount of time; 3. Operates as an ACCEPTANCE even though it states terms additional to or different from those offered or agreed upon; 4. UNLESS acceptance is expressly made conditional upon assent to the additional or different terms.)

Answer 65

Florida expressly states the doctrine of sepaation fo powers, mandating separation of the executive, judicial, and legilative branches of government.

Answer 66

A reasonable person must be able to discern what is prohibited by reading the law. If the law is too vague as written, the law may be void for vagueness. For example, an ordinance prohibiting assembly on the sidewalks in a manner that is “annoying to people passing by” is unconstitutionally vague. A reasonable person cannot be expected to know what is “annoying,” and as such, this subjective standard could not be enforced because it is vague

Answer 67

FInancial affidavits, tax returns, pay stubs, loan apps, financial statement for past year, ongoing duty to disclose so if new circumstances you have to disclose.

Answer 68

equitable An action to quiet title is an equitable action seeking to determine title to land, quiet title to the land, and award possession of the land to the rightful owner. Fla. Stat. ch. 65.011. An action to quiet title may be requested by a plaintiff claiming to own any land against defendants claiming title to the land adversely to the plaintiff.

Answer 69

1) . 20 years of actual, continuous, uninterrupted use; 2) . the use is adverse under claim of right, and either with: 3) .the owner’s actual knowledge; or the owner’s imputed knowledge due to open, notorious, and visible use; 4) . the use is inconsistent with the owner’s use and enjoyment of his land and the use must not be permissive; and 5) . the use is related to a specific area; or if a right of way is involved, the use is a defined route

Answer 70

In contrast to discrimination claims grounded in race, physical disability or religion, age is not a suspect classification in Florida. The courts therefore will apply a rational basis test to an age discrimination claim.

Answer 71

fraudulent nondisclosure

Answer 72

light, air, and view State Road Dep’t v. Lewis, 79 So. 2d 699 (Fla. 1955). Any damage to such rights, or to the abutting property from infringement upon them, gives rise to a tort claim. Id

Answer 73

Seller offers to sell buyer widgets for $1 per widget up to 100k widgets for 1 year. This is valid and buyer can buy till they get to 100k.

Answer 74

in writing and signed by the person conveying the interest. This person must sign the instrument in the presence of two subscribing witnesses who also sign it then.

Answer 75

This is a fee simple estate in land which the holder possess a fee simple title, but the title is subject to being divested upon the occurrence of a certain condition.

Answer 76

A merchant offers to buy or sell goods in writing and gives assurances that it will hold the offer open.

Answer 77

Guaranteed by FL constitution and state needs CI and Strict Scruitny standard of review to when abridged

Answer 78

Promise, where there is certianty and definiteness of the essential terms, and communication to the offeree.

Answer 79

Inherent in the people. The enunciated rights must not be construed to deny or impair others.

Answer 80

1) . Financial resources, 2) standard of living 3) time of marriage 0-6 short 7-16 moderate 3). 17 plus long term'. 4) . Need to help spouse find a job 5) contributions to marriage 6). age and health 7) marital misconduct onlyif this reduced the marital assets, 8).children 9). sourcese of income 10) taxes

Answer 81

Supremacy depends upon whether the county is chartered or non-chartered. In non-chartered counties, county law generally governs throughout the county. However, within the borders of the municipality, a conflicting municipal law trumps the county law, and thus governs within the municipality. In a chartered county, county law generally governs throughout the county. However, the county charter clause covering supremacy will dictate whether the municipal law trumps the county law within the municipal borders.

Answer 82

The driver will get an undivided one-half interest in the land regardless of the status of the brother and the sister's title. A joint tenancy is a concurrent estate with a right of survivorship, while a tenancy in common does not have a right of survivorship. At common law, the conveyance here would qualify as a joint tenancy because the unities of time, title, interest, and possession are present in the conveyance. Although under modern law a joint tenancy must be created with specific language or else it will be presumed to be a tenancy in common, the conveyance here still would probably qualify as a joint tenancy, even though it did not use the words "joint tenancy," because it contained the "right of survivorship" language. However, regardless of whether the estate is characterized as a joint tenancy or a tenancy in common, one tenant's interest may be transferred without the consent of the other tenant, and a creditor may levy on the interest. In most jurisdictions, a lien against one joint tenant's interest does not sever the joint tenancy until the lien holder proceeds to enforce it by foreclosure. At that point, the purchaser at the foreclosure sale will hold the property as a tenant in common with the other tenant, but will still have an undivided one-half interest in the property unless and until he brings an action to partition the estate

Answer 83

A greater scope of protection. FL Sup Ct has stated that the federal constitution represents the floor and the Fl Constitution it’s the ceiling.

Answer 84

first refusal to purchase

Answer 85

Life, Liberty, and property.Procedural due process also extends to actions by private organizations exercising a quasi-public function (e.g., professional organizations).

Answer 86

The woman and her son have title to the land as tenants in common. The man and the woman took title to the land as joint tenants. An inter vivos conveyance by one joint tenant of his undivided interest severs the joint tenancy, so that the transferee takes the interest as a tenant in common and not as a joint tenant. Here, there was an inter vivos conveyance by the man to the son of all of the man's interest in the property held in joint tenancy with the woman. This conveyance destroyed the joint tenancy, so that the son takes his interest in the property as a tenant in common with the woman, rather than as a joint tenant. The woman doesnt have it alone becase the severance of the joint tenancy destroyed the right of survivorship. A joint tenancy carries with it a right of survivorship, whereby the death of one joint tenant frees the property from his concurrent interest, so that the surviving joint tenant retains an undivided right in the property that is no longer subject to the interest of the decedent. Had the man died without having conveyed his interest in the land, the woman would have had full ownership of the property, free of the man's interest. However, because the joint tenancy had been terminated prior to the man's death, there was no right of survivorship. Note also that the estate held by the man and the woman was not a tenancy by the entirety, which is a marital estate similar to a joint tenancy between a husband and wife. If a conveyance to spouses is unclear as to the type of estate created, most states presume that it creates a tenancy by the entirety. Here, the man and the woman took title to the land prior to their marriage, and their subsequent marriage does not affect the nature of their title. This is important because in a tenancy by the entirety, one spouse cannot convey any interest. The woman and the mans heirs don't own 1/2 each becasue because the man conveyed his interest in the land to the son. Thus, there is no interest or right in the land to which the heirs of the man can succeed under the intestacy laws. In addition, even if there had been no conveyance, the man's heirs would not have succeeded to his interest in the land. Rather, the woman would have taken an undivided interest in the property by means of the right of survivorship. When a joint tenant conveys his interest, it automatically becomes a tenancy in common interest. This is because the unity of time (one of the four unities required for creation of a joint tenancy) is lacking. To be joint tenants, the interests of the co-tenants must vest at the same time. Here, the woman and the man's interest vested at the same time, but the son's vested much later. Thus, the woman and her son cannot be joint tenants they are tenants in common.

Answer 87

a fundamental right that is broader than the federal constitution, it embraces more privacy interest and extends more protection to the idividual in those intreasets than the federal constitution. It says:“every natural person has the right to be let alone and free from governmental intrusion into the person's private life except as otherwise provided herein.” Fla. Const. art. I, § 23

Answer 88

Tenant has a present possessory interest and the landlord has a reveriom ( a future interest)

Answer 89

This is when a merchant confirms an oral agreement in a memo after the fact.

Answer 90

This allows a court to refuse to enforce a provisional an entire K to avoid unfair terms due to some unfairness in the bargaining process.

Answer 91

“functional equivalent” of an easement by estoppel they are not the same thing. They are different in origin, scope, and function. The “irrevocable license” is a distinct remedial concept recognized historically and currently in many jurisdictions, which, like Florida, provide no statutory remedy. It only arises under certain very narrow circumstances and should be applied only to the extent required to prevent inequity. The duration of irrevocable licenses should be limited to the time necessary to protect the reliance investment of the licensee. The irrevocable license gives equity a broad range of remedies short of creating an easement servitude in real property.

Answer 92

usual cultivation or improvement; protection by a substantial enclosure; and occupant’s ordinary use.

Answer 93

Every bill passed by the legislature is presented to the governor for approval and will become a law if the governor approves and signs it, or fails to veto it within 7 consecutive days after presentation (15 days if the legislature adjourns during that time). In all cases except general appropriation bills, the veto extends to the entire bill. The governor may veto any specific appropriation in a general appropriation bill. The legislature may override the governor’s veto by a two-thirds vote of each house: the senate and the house

Answer 94

Offer, Acceptance and consideration. Then Be sure there are no defenses.

Answer 95

materially affecting the value

Answer 96

joint tenancy joint tenants joint tenants joint tenant's

Answer 97

Generally, the homestead exemption from taxation applies up to the assessed valuation of $25,000, and for all non-school district levies, on the assessed valuation greater than $50,000 and up to $75,000. For example, suppose a property owner owns a home and a commercial property. The owner makes the home his residence and it qualifies as the owner’s homestead. The home and commercial property are each assessed at $300,000. The commercial property will be subject to property taxes on an assessed value of $300,000. The home will be subject to property taxes on an adjusted value of $275,000 (the assessed value minus the homestead protection). Also, up to an additional $25,000 exemption applies on the assessed valuation greater than $100,000, for all non-school district levies. Fla. Stat. ch. 196.031(1)(b) (2017)

Answer 98

The offeror is the master of the offer, which means that the offeree MUST accept the offer according to the rules of the offer.

Answer 99

The people shall have the right peaceably to assemble, to instruct their representatives, and to petition for redress of grievances.

Answer 100

A written residential rental agreement for a specified duration can obligate the tenant to notify the landlord before vacating the premises at the agreement’s end. This agreement cannot require such notice more than 60 days before the premises are vacated. Fla. Stat. ch. 83.575(1). Under this agreement IF the tenant does not not give notice the landlord may be entitled to lieuidated damages set fot in the agreement.

Answer 101

death, insanity, destruction of subject matter or subervenining illegality all terminate the offer.

Answer 102

Any bill may originate in either house and after passage in one may be amended in the other. It must be read in each house on three separate days, unless this rule is waived by two-thirds vote. On final passage, the vote of each member voting must be entered on the journal. Passage of a bill requires a majority vote in each house.

Answer 103

to quiet title

Answer 104

The second is when one branch attempts to delegate power to another branch. For example, the legislature may delegate rulemaking authority to administrative agencies. The agency must be provided with specific guidelines. This is called the problem of delegation.

Answer 105

The acreage limitations (160;1/2 acre); the residency requirement (must be one and intend to reside permanently); and the ownership requirement. ALso, occupancy. Need to be occupied. Vacant lot doesnt count.

Answer 106

the circumstances as they existed at the time the contract was formed.

Answer 107

An exception to this rule applies if “clear and convincing” evidence indicates that the person intended this withdrawal. Cruzan, 110 S. Ct. 2841 (1990). Documents such as living wills or advance health care directives may be sufficient for the exception to apply. Specifically, the Cruzan Court stated that: a State may apply a clear and convincing evidence standard in proceedings where a guardian seeks to discontinue nutrition and hydration of a person diagnosed to be in a persistent vegetative state. The lack of such a directive can cause significant legal difficulties.

Answer 108

An interest that is granted when the person before you loses their rights because of some condition. THis is automatically granted.

Answer 109

possesses color of title (i.e., a document, judgment, or decree); continuously occupied the property for seven years; and records the instrument reflecting color of title within the circuit court of the county where the property is located. The claimant must prove that the entry into possession was based on color of title followed by a continuous occupation of the premises

Answer 110

Freedom of Speech – public forum, regulation of speech, vagueness, and overbreadth Basic Rights – equal protection and judicial review Right of Privacy – right to be left alone Single Subject Rule – enactment elements Homestead Protection – generally and exceptions

Answer 111

If the legislature abolishes a cause of action, a reasonable alternative must be provided unless: (i) the legislature can demonstrate a compelling public necessity for abolition of the right, and (ii) no alternative method of meeting such a public necessity can be established.

Answer 112

voluntary sale of the homestead provide the owner intends to use the funds to etablish a new Florida homestead within a reasonable time.

Answer 113

Not distributable, but can affect alimony

Answer 114

Each law may embrace but a single subject; Each law’s subject must be in the title; and Each law must possess an enacting clause. (and Per Fed Law they also cant be vague and overbroad.)

Answer 115

One that has no legal effect and cant be enforced.

Answer 116

This means that there is an obligation for there to be good faith in the performance and enforcement of a contract. and that you will observe reasonable commercial standards.

Answer 117

tenancy by the entireties. | tenancy by the entireties.

Answer 118

Merchants are those who regularly deal in goods of the kind sold or who holds himself out has having special knowledge as to the practices or goods involved.

Answer 119

Under the common law, the terms in the acceptance MUST match the terms of the offer exactly - otherwise it is not an acceptance, it is a counteroffer [i.e., the terms of the offer and acceptance must mirror each other exactly].

Answer 120

A 2008 amendment to the Florida Constitution affords tax relief to owners of homestead property in Florida. This "Save Our Homes" amendment provides them the right of "portability," by which they may transfer tax savings from a prior homestead property to a new homestead property

Answer 121

chment by One Branch upon Another Branch The first is when one branch attempts to exercise powers belonging to another branch. This is called the problem of encroachment

Answer 122

A bargained for exchange or substitute such as detrimental reliance, or good faith modification.

Answer 123

Property is subject to adverse possession although a claimant lacks color of title (i.e., a document, judgment, or decree) if the person: continuously occupied the property for seven years under a claim of title; and made a return of the property by providing a proper uniform return on an official form to the appraiser of the county where the property is located within one year after entering into possession; and has paid all taxes and special improvement liens of the state, county or municipality.

Answer 124

removing (i.e., evicting) But a landlord cannot use self-help methods to evict a tenant to the extent that they constitute unlawful or forcible entry of lands or tenements or unlawful detainer. Fla. Stat. ch. 82.01 et seq. Instead, the landlord must use lawful means to remove a tenant, such as by statutory processes and procedures.

Answer 125

tenancy by the entireties.

Answer 126

General and Special.

Answer 127

If general obligation bonds are to be payable from ad valorem taxes and they will mature more than 12 months after issuance, approval by a vote of the electors is required.

Answer 128

or exam purposes, you should be aware of three types of Florida laws: 1) state law; 2) county law; and 3) municipal law.

Answer 129

the obligee does not receive the substantial benefit of her bargain. If the breach is material the non-breaching party may i. end K ii. have a right to remedies for breach including damages.

Answer 130

joint tenancy with right of survivorship | tenancy in common and 'tennancy in entirety

Answer 131

Most courts apply the knockout rule with UCC § 2-207(2) to determine whether the new terms control or whether UCC gap fillers must be implemented. Under the knockout rule, a distinction is made between "different" and "additional" terms. A different term is a term that was not included in the original offer that conflicts with the terms of the original offer (e.g., offeree changes the price term from $5,000 to $4,000 and sends it back to the offeror). An additional term is a term that was not included in the original offer that does NOT conflict with the original offer (e.g., offeree adds a choice of law provision that was not included in the original offer and sends it back to the offeror). Under the knockout rule, different terms in the original offer and acceptance knock each other out creating a gap in the contract. UCC gap fillers are then used to plug this gap (regardless of whether the parties are merchants). The knockout rule does not apply to additional terms added by the offeree. UCC § 2-207(2) will determine whether the additional terms control or whether UCC gap fillers must be implemented.

Answer 132

Under the Florida Constitution, the courts deem a law as overbroad when it prohibits constitutionally protected activities as well as activities that are not protected. Activities that are not protected under the Florida or U.S. constitutions, respectively, may be prohibited. Moreover, determining if a Florida law is overbroad does not depend upon whether an activity otherwise prohibited in Florida is permitted in a state that is part of the same federal court circuit.

Answer 133

When it is received by the offeree. or Published

Answer 134

True.The courts scrutinize general laws to ensure that where such laws are only applicable to specific individuals or geographic areas and exclude others, they are not in violation of equal protection rights or improperly enacted special laws. A general law of local application is a law limited to a geographic area that is established by population.For a general law of local application to be constitutional, the subject matter of the law must be reasonably related to the population classification.

Answer 135

This prohibition against using public revenue to benefit any religious or sectarian entity is more restrictive than are the comparable interpretations by the federal judiciary of the Establishment Clause of the First Amendment. This part of the Declaration of Rights provides more of a bright line rule than its federal counterpart.

Answer 136

To form a traditional, enforceable contract, the agreement must be supported by consideration. Consideration involves a transfer of legal value in a bargained-for exchange. Consideration is present if: 1. The promisee incurs a legal detriment OR the promisor receives a legal benefit (most courts only focus on whether the promisee incurred a legal detriment irrespective of whether the promisor received a benefit); AND 2. The promise induces the detriment AND the detriment induces the promise (i.e., a "bargained-for exchange").

Answer 137

Taking is defined as appropriation of private property under the warrant or color of legal authority and devoting it to public use or otherwise injuriously affecting it in such a way as to substantially oust the owner and deprive him of all beneficial enjoyment for a substantial period

Answer 138

US and US SUpreme COurt. The Florida courts construe search and seizure guarantees set forth under the Florida Constitution in conformity with the Fourth Amendment to the U.S. Constitution, as interpreted by the U.S. Supreme Court.

Answer 139

Light air and view.

Answer 140

this is when the contract is formed by language that is oral or written.

Answer 141

A contract that is accepted by performance eg offer to the public for a reward or the contract clearly states that completion of the performance is the ONLY MANNER OF ACCEPTANCE.

Answer 142

A law is overbroad when it restricts or prohibits a wider scope of expression than it is necessary to prohibit. The Court may rule that an overly broad law is unconstitutional if it does not satisfy the strict scrutiny test. If a legal provision is overbroad contrary to the First Amendment by unduly limiting a first party or a third party’s freedom of expression, then the first party or third party has standing to bring a civil action for the third party’s benefit.

Answer 143

This Rule provides that an interest in property (real or personal) which is not vested is invalid unless either: 1) when this interest is created it is certain to vest or terminate within 21 years from the death of an individual then alive; or 2) the interest either vests or terminates within 90 years from its creation. Fla. Stat. ch. 689.225(2)(a).

Answer 144

Intentional infliction of emotional distress as an intentional a reckless ask accounting to extreme and outrageous conduct because of the plaintiff severe mental distress. In Florida plaintiff is not required to show either physical impact or manifestation is required to recover intentional infliction of emotional distress.

Answer 145

State law is supreme over any other conflicting law (i.e., county or municipal).

Answer 146

Religious freedom shall not justify practices inconsistent with public morals, peace or safety. No revenue of the state or any political subdivision or agency thereof shall be taken from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution. [Fla. Const. art. I, § 3.]

Answer 147

The state must show that the regulation furthers a compelling governmental interest and is the least restrictive means of furthering that interest. Fla. Stat ch. 761.03(1)(a)-(b). Copyright AmeriBar Copying is a violation of law and attorney ethical rules

Answer 148

If the purported acceptance is a valid acceptance under UCC § 2-207(1), the next issue is whether the additional or different terms in the acceptance will govern the contract or whether UCC gap fillers will be implemented. Under UCC § 2-207(2), the ADDITIONAL terms (nonconflicting terms) will govern the contract if BOTH parties are merchants UNLESS: 1. The initial offer expressly limited acceptance to its terms; 2. The additional terms materially alter the deal; OR 3. The offeror objects to the additional terms within a reasonable amount of tim

Answer 149

The offeror is normally free to revoke his offer at any time prior to acceptance; however, firm offers are irrevocable. Under the UCC, a merchant can make a firm offer to buy or sell goods, which will either last as long as stated in the offer or for a reasonable time period not to exceed 90 days. A firm offer must: 1. Be in writing; 2. Contain an explicit promise not to revoke; AND 3. Be signed by the merchant.)

Answer 150

This fundamental right can only be abridged by government upon a showing of a compelling state interest under a strict-scrutiny standard of review. Id.

Answer 151

Under the UCC, the law is more willing to plug the gaps. Unlike the common law, PRICE IS NOT REQUIRED in the offer. Generally, only three terms must be specified in the offer: 1. Parties; 2. Subject; AND 3. Quantity.

Answer 152

One that is valid but may be unenforceable due to statute of frauds or some other defense extraneous to contract formation.

Answer 153

The cabinet is composed of an attorney general, a chief financial officer, and a commissioner of agriculture. In the event of a tie vote of the governor and cabinet, the side on which the governor voted shall be deemed to prevail

Answer 154

Third-degree murder is a second-degree felony. A person commits third-degree murder if, during the attempt or commission, of a felony not specifically enumerated as first or second-degree murder, another person is unintentionally killed

Answer 155

Laws must bear a reasonable relationship to the health, safety, morals, or welfare of the people.

Answer 156

Special laws are laws that expressly apply to specific people, places, or groups.

Answer 157

The power of eminent domain is limited by constitutional provisions and principles of due process. The power resides in the legislature. Typically, public utility companies are granted the power.

Answer 158

Yes the FL constitution says except that the ownership, inheritance, disposition, and possession of real property by aliens ineligible for citizenship may be regulated or prohibited by law.

Answer 159

Aeal about Unconstitutional Statute or Death Penalty, Bond Validation or Utility ratemaking,

Answer 160

Manufacturing, Delivering, Selling, or Possessing Controlled Substances with Intent to Manufacture, Deliver, or Sell A person commits a felony or misdemeanor by manufacturing, delivering, selling, or possessing certain controlled substances with intent to manufacture, deliver, or sell. Fla. Stat. ch. 893.13(1)(a

Answer 161

Unreasonable Search and Seizure per 4th AMendment of the US consitution. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, and against the unreasonable interception of private communications by any means, shall not be violated. No warrant shall be issued except upon probable cause, supported by affidavit, particularly describing the place or places to be searched, the person or persons, thing or things to be seized, the communication to be intercepted, and the nature of evidence to be obtained. This right shall be construed in conformity with the 4th Amendment to the United States Constitution, as interpreted by the United States Supreme Court

Answer 162

Goods are all things movable at the time they are identified as the items to be sold under the contract. Article 2 applies to the sale of most tangible things, not intangible or real estate.

Answer 163

in a situation where a contract has failed if one party conferred a benefit on the other by performing a service or another and one party would unjustly benefit (unjust enrichment) from those services if they don't make a contract.

Answer 164

consideration for the new terms.

Answer 165

An unwritten lease’s tenancy’s duration is determined by the frequency of which the rent is payable, according to periods such as year to year, quarter to quarter, month to month, or week to week.

Answer 166

60 years or older cant protect themselves

Answer 167

The jurisdiction of a Florida court mandated by the Florida Constitution can only be modified by a valid amendment to the Florida Constitution

Answer 168

An offer cannot be revoked if the offeree reasonably and detrimentally relies on the offer in a foreseeable manner.

Answer 169

Requirements and output contracts are valid under the UCC even though they do not specify an exact quantity. In a requirement contract, the seller agrees to sell as much as the buyer would require. In an output contract, the seller agrees to sell his entire production to the buyer.

Answer 170

provision of services (such as police, fire, housing, etc.,)

Answer 171

Second-degree murder is a first-degree felony. Fla. Stat. ch. 782.04(2)-(3). If a killing occurs under the following circumstances, it constitutes second-degree murder. a)Dangerous Activity and Depraved Mind Second-degree murder is the unlawful killing of a human being that is without any premeditated design to effect the death of any particular individual but committed by any act imminently dangerous to another and evincing a depraved mind regardless of human life. Fla. Stat. ch. 782.04(2) Murder A person commits second-degree murder when a victim is killed by someone other than the person who was engaged in the perpetration of, or in the attempt to perpetrate, a felony. Fla. Stat.ch. 782.04(3). In this event, the person perpetrating or attempting to perpetrate an enumerated dangerous felony is guilty of second-degree murder

Answer 172

It is constitutionally prohibited in enclosed indoor workplaces!

Answer 173

The common law distinctions between principals, aiders and abettors, and accessories were abolished in Florida. Staten v. State, 519 So. 2d 622, 625 (Fla. 1988). The Staten court wrote that he accessory after the fact is no longer treated as a party to the crime but has come to be recognized as the actor in a separate and independent crime, obstruction of justice. At common law, all parties to a crime were equally guilty and subject to the same punishment. Under our modern codification, however, an accessory after the fact is guilty of a third-degree felony regardless of the gravity of the substantive offense committed. Thus, the culpability of the accessory after the fact is substantially different from that of a principal, reflecting an intent to punish as an accessory after the fact only those persons who have had no part in causing the felony itself but have merely hindered the due course of justice

Answer 174

It must identify the land and the price terms, but a deed description is not required. BUt, most courts will not give a price for missing real estate.

Answer 175

NO additional terms are allowed unless acceptance expressly limited . If both parties merchants additional terms may become part of K.

Answer 176

Where a right of access to the courts for redress for a particular injury has been provided by statutory law predating the adoption of the Declaration of Rights of the Constitution of the State of Florida, or where such right has become a part of the common law of the State pursuant to Fla. Stat. § 2.01, F.S.A., the Legislature is without power to abolish such a right without providing a reasonable alternative to protect the rights of the people of the State to redress for injuries, unless the Legislature can show an overpowering public necessity for the abolishment of such right, and no alternative method of meeting such public necessity can be shown.

Answer 177

A tenancy by the entirety is a marital estate akin to a joint tenancy in that four unities (plus a fifth-marriage) are required for its creation, and the surviving spouse has the right of survivorship.

Answer 178

The FRPC require all advertisements and unsolicited written communications by a lawyer to contain number one the name of the lawyer referral service to the location of the lawyers practice. Additionally a lawyer may not make or permit to be made a false misleading or deceptive communication about the Lawyer. or the Lawyer. services. A lawyer may not make statements describing the characteristics of quality of the Lawyer. services in advertisements and unsolicited written communications.

Answer 179

The right of employees, by and through a labor organization, to bargain collectively shall not be denied or abridged.

Answer 180

Known; specific; specifically indicated Special laws are laws that relate to or are designed to operate on known, specific persons or things or in a specifically indicated part of the state

Answer 181

An accessory after the fact is any person who is not an immediate relative of the offender, who maintains or assists the principal or accessory before the fact, knowing that the offender had committed a felony or was an accessory before the fact, having intent that the offender avoid being apprehended. Fla. Stat.ch. 777.03(1)(

Answer 182

In Florida manufacturer will be held strictly liable if a product is unreasonably dangerous it left the manufacture in this condition and the distributor didn’t alter the product. The product has a dangerously defective manufacturing defect, design defect or inadequate warning. Additionally only a consumer who made a foreseeable use of the product and suffered an injury will be eligible to cover all of this theory of liability product manufactured as the manufacturer intended, suffers from a design defect.misuse and comparative negligence a are defenses to this claim.

Answer 183

A person is eligible for homestead exemption from property tax on real estate in Florida: 1) on which the person maintains their permanent residence or the person's dependent(s) maintains their permanent residence, regardless of whether the person resides there; and 2) for which the person has equitable or legal title. One such exemption is allowed for an individual or family.

Answer 184

A tenancy in common is a concurrent estate with no right of survivorship.

Answer 185

160 acres outside municipality and 1/2 acre in a municipality

Answer 186

Occupying and maintaining it; usual cultivation or improvement of it; and protection of it by a substantial enclosure. open notorious and hostile to all others and paying all taxes for 7 years

Answer 187

Every person may speak, write, and publish sentiments on all subjects but shall be responsible for the abuse of that right. No law shall be passed to restrain or abridge the liberty of speech or of the press. Fla. Const. art. I, § 4

Answer 188

No private property can be taken except for a public purpose and with full compensation of fair market value paid to each owner. Fla. Const. art. X, § 6(a). Fed COnstitution only needs just compensation.

Answer 189

No Although a joint tenant or tenant in common may have a right to compel contribution from other co-tenants for the cost of necessary repairs, taxes, and payments due on mortgages, she does not have a right to compel contribution for the cost of improvements. Under the unity of possession, each co-tenant has a right to possess the entire estate subject to the equal right of her co-tenant. A co-tenant out of possession cannot bring a possessory action unless there has been an "ouster" (i.e., wrongful exclusion) by the co-tenant in possession. Although a co-tenant generally is not entitled to share in the rental value of the land, she does have a right to share in rents paid by third parties . A joint tenant or tenant in common may mortgage her interest. However, she may not encumber another co-tenant's interest. Note that an individ

Answer 190

In Florida and intentional misrepresentation by a defendant made with Scienter which is material and justifiably relied upon by a plaintiff and which causes damages to the plaintive is actionable. Misrepresentation can consist of a false affirmative assertion. Active concealment, or an omission of fact. Defendants representations made in good faith are not actionable as they’re accurate because the defendant failed exercise due care. Scienter is present with a defendant makes a misrepresentation knowing it to be false or recklessly possessing an insufficient information as to its truth or falsity

Answer 191

A person who speaks of and concerning any woman, married or unmarried, falsely and maliciously imputing to her a want of chastity, commits a first degree misdemeanor. Fla. Stat.ch. 836.04.

Answer 192

The merchant can take the offender into custody and detain him or her in a reasonable manner for a reasonable length of time for the purpose of attempting to recover the property or for prosecution. Id. A law enforcement officer must immediately be called to the scene after the person has been taken into custody tatutory Basis for Detention The activation of an anti-shoplifting or inventory control device provides reasonable cause for the person’s detention, provided that sufficient notice was posted regarding the device’s use. Fla. Stat.ch. 812.015(3)(b

Answer 193

This is fee simple that will revert to a third party if an event occurs. the third party has an execute interest,

Answer 194

The common law of England regarding crimes applies to criminal conduct unless a Florida statute instead applies to such conduct. Fla. Stat. ch. 775.01. The common law however usually does not apply regarding the sentincing for and punishment of crimes.

Answer 195

Offer, acceptance, and consideration with no available defenses.

Answer 196

If the matter charged as defamatory is true and was published with good motives, the party must be acquitted or exonerated. Id.

Answer 197

Real Property; Tangible Personal By ordinance and referendum, a county or municipality may grant an ad valorem tax exemption to a new business and expanding existing businesses. Such an exemption applies only to improvements made to real property to expand an existing business and to tangible personal property of a new business or related to the expansion of an existing business. It does not apply to real property.

Answer 198

A contract is a promise or set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes as a duty

Answer 199

Murder is the unlawful killing of a human being. Fla. Stat.ch. 782.04(1)(a). Ifsuch a killing occurs under the following circumstances, it constitutes first-degree murder, a capital felony. Id.a)Premeditated KillingFirst-degree murder includes a killing perpetrated from a premeditated design to cause the death of the personkilled or any human being. Fla. Stat.ch. 782.04(1)(a)1.b) or b) Felony Murder or C) Killing in distribution of controlled substances. such as COCAINe, Opium, Meth, if such death is proven to be the proximate cause of the death of the user.

Answer 200

Payment, land description and execustion by all parties. written.

Answer 201

Not fewer than 6 is fixed by law. The right of trial by jury shall be secure to all and remain inviolate. The qualifications and the number of jurors, not fewer than six, shall be fixed by law. Fla. Const. art. I, § 22

Answer 202

The nature of the work to be performed should be included.

Answer 203

debts for the payment of taxes and assessments on the homestead, obligations contracted for the purchase, improvement, or repair of it, or obligations contracted for house, field, or other labor performed on the realty (e.g., mechanics liens)

Answer 204

THE STATE LAW:Counties not operating under county charters have the power of self-government as is provided by general or special law. In other words, the power to act for non-charter counties must be derived by state law. So the board of county commissioners can act based on general state law and do things taht are not inconsistent with special law of the state.

Answer 205

abandonment if you move to a different primary residence.

Answer 206

CL requires accepance to mirror the offer and anything else is rejection. No additional terms allowed. that's rejection and counteroffer

Answer 207

If a buyer brings a fraudulent nondisclosure claim along with a rescission claim, and recovery of a legal remedy for fraudulent nondisclosure is not available to the buyer, then the equitable remedy of rescission of the transaction may be available to the buyer. Billian v. Mobil Corp., 710 So. 2d 984 (Fla. Dist. Ct. App. 3 1998).

Answer 208

To form an offer, the offeror must: 1. Manifest a willingness to enter into an agreement; AND 2. Create a power of acceptance in the offeree. (© 2019 Studicata. All rights reserved.) (www.studicata.com)

Answer 209

a seller knows of facts materially affecting the value of the real property; these facts are not readily observable and are not known to the buyer, and the seller has not disclosed them to the buyer. Johnson v. Davis, supra.

Answer 210

To recover punitive damages in Florida a plaintiff must prove by clear and convincing evidence that the defendant acted intentionally or with Willful wanting or gross misconduct. Punitive damages are generally limited to the greater of three times the compensatory award for $500,000. There’s no cap on punitive damages if the defendant has specific intent to harm the plaintiff and the defendant’s contact did in fact harm the plaintive.

Answer 211

Under the common law, all essential terms must be specified in the offer. Generally, this includes the following four terms: 1. Parties; 2. Subject; 3. Quantity; AND 4. Price.

Answer 212

The powers of the State government shall be divided into legislative, executive, and judicial branches. Fla. Const. art. II, § 3. No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein. Id. The separation of powers doctrine is alive and well in Florida. Stay alert for exam questions in which a member of one branch attempts to complete the task of the member(s) of another branch.

Answer 213

The right of people to work shall not be denied or abridged on account of membership or non-membership in any labor union or labor organization.

Answer 214

a prospective dominant estate owner

Answer 215

the scope of religious protection beyond the conduct considered protected by cases from the United States Supreme Court . . . [Under the RFRA,] any law, even a neutral law of general applicability, is subject to the strict scrutiny standard where the law substantially burdens the free exercise of religion.”

Answer 216

M & F are equal an have right to enjoy and defend life and liberty to pursue happiness. , to be rewarded for industry, to acquire property. Unlesss alien

Answer 217

This is where a tenant remains in possession after the expiration of the lawful tenancy, until landlord evicts or elects to hold the tenant to another term. Notice of termination not required. double rent allowed in FL

Answer 218

Actual, Constructive, Record, and Inquiry

Answer 219

Per the Florida Comprehensive Drug Abuse Prevention and Control Act, a person may not possess, deliver, or traffick controlled substances. Fla. Stat. ch. 893.01. Controlled substances include,for example, cannabis (i.e., marijuana), cocaine

Answer 220

The Florida courts generally analyze the free speech and press provisions of the Florida Constitution in the same manner as they would the First Amendment of the U.S. Constitution. While the courts may prohibit certain forms of defamatory language, a defendant to a defamation suit may be exonerated if the defendant demonstrates the matter is true and published with good motives. The Florida courts have created a strong presumption in favor of public access to court proceedings and records. A fundamental tenet of the Florida Constitution’s freedom of speech and press provisions is that no state law may be passed abridging freedom of speech or of the press; however, as in the case of defamation, freedom of speech and of the press is not entirely without limits or preconditions.

Answer 221

An ACCEPTANCE that is sent by mail, email, or fax is valid at the moment of dispatch (not when the letter is received), UNLESS: 1. The offeree-sender uses the wrong address or has improper postage; 2. The offeror expressly stipulates that the acceptance is valid upon receipt; 3. An option contract is involved; 4. The offeree-sender sends a termination letter BEFORE the acceptance letter; OR 5. The offeror detrimentally relies on a termination BEFORE he receives the acceptance letter.

Answer 222

The state has an interest regarding the effect of an adult’s refusal of medical treatment upon a minor child. Singletary v. Costello, 665 So. 2d 1099, 1102 (Fla. Dist. Ct. App. 4 01/03/96). In this case, the court referred to a California case as regarding the state’s interest in protecting innocent third parties if an adult’s “refusal of medical treatment endangers public health or implicates the emotional or financial welfare of the patient's minor child.” Id. citing Thor v. Superior Court, 5 Cal. 4th 725, 855 P.2d 375 (Cal. 1993). The Family Law outline also addresses certain issues concerning an adult parent’s ability to refuse medical treatment for a minor child.

Answer 223

In Florida a seller creates an express warranty if he makes a representation as to the nature of the quality of the product this can occur via advertising during negotiations for purchase or in the provisions of the contract of sale. The uniform commercial code provided an express warranty may be created by defendants promise by affirmation affect by description or by use of the sample or model.

Answer 224

A traditional, enforceable contract is formed when there is: 1. Mutual assent [an offer + valid acceptance of that offer]; 2. Consideration; AND 3. No defenses to formation that would invalidate the otherwise valid contract. (© 2019 Studicata. All rights reserved.)

Answer 225

This is when you invite acceptance either by a promise to ship or by current or prompt shipment of conforming or nonconforming goods.

Answer 226

cloud from the title

Answer 227

Bill of attainder. No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall be passed. Fla. Const. art. I, § 10. A bill of attainder is an act declaring a person or group of people guilty of some crime, and punishing them, without a trial.

Answer 228

easement by necessity

Answer 229

In other words, all provisions of a law (e.g., a proposed bill) need to pertain to or relate to the law’s single subject in order for the law not to violate the single subject rule. The subject must be briefly expressed in the law’s title. Laws to revise or amend another law must set out in full the revised or amended act, section, subsection, or paragraph of a subsection. The enacting clause of every law must read: "Be It Enacted by the Legislature of the State of Florida:" Fla. Const. art. III, § 6.

Answer 230

STRICT SCRUITNY

Answer 231

Revenue bonds must be payable solely from revenue derived from the sale, operation, or leasing of a project. Local governments can issue revenue bonds to build capital projects, such as airport and port facilities, and to finance statutorily authorized private industrial or manufacturing plants. However, the bonds must be payable solely from revenue derived from the sale, operation, or leasing of the project.

Answer 232

Partial actual eviction partial actual eveiction if the landlord takes possession of an unused barn on the leased premises and stores farm equipment in it, the partial actual eviction by the landlord terminates the tenant's obligation to pay rent for the entire premises.

Answer 233

has the power of legislation and is made up of senate and house

Answer 234

by the the offeror prior to acceptance.

Answer 235

personal property.

Answer 236

A HAS PURE “NOTICE” RECORDING AC

Answer 237

Access to Courts Access to Public Records and Meetings Separation of Powers Standing – general, taxpayer, and third party Special Laws General Laws Right to Work Right of Privacy – refusing medical treatment Religious Freedom – funding of religion Obligation of Contract Bonds – types and issuance Takings – Eminent Domain and Police Power County Charter Local Government Freedom of the Press Searches and Seizures Exclusionary Rule Legislature – legislative authority Sunshine Law Ad Valorem Tax Special Session iExecutive Approval and Veto Hierarchy of Laws Inter-local Agreements Bill of Attainder Trial by Jury Grand Jury Parens Patriae – child’s medical treatment Public Funding Right of Privacy – personal records Right to Keep and Bear Arms Judiciary – mandatory and discretionary review, appellate jurisdiction

Answer 238

The Florida courts look to see that a law rationally and reasonably relates to a single general goal. A law may cover only one subject and matters properly connected.

Answer 239

fA and B own property as joint tenants, and B dies leaving a will devising her interest in the property to C, A only owns the property. A testamentary disposition by one joint tenant will not sever a joint tenancy. A will devising a joint tenant's interest to another is inoperative as to joint tenancy property because when the co-tenant who is the testator dies (which is when the will becomes effective), her rights in the joint tenancy property are extinguished, and the will has no effect on them. Thus, upon B's death the property is freed from her concurrent interest, leaving A the sole owner and C with no interest in the property.

Answer 240

Yes is they are given in response to an inquiry that contains a quantity term.

Answer 241

FL equitable distribution state. Starting point =50/50 court may divide w/o consideration of alimony.

Answer 242

If a tenant holds over and continues in possession of a dwelling unit beyond the expiration of a rental agreement without a landlord’s permission, the landlord can use lawful means to recover possession of the dwelling unit. Fla. Stat. ch. 83.58. The landlord can recover double the amount of rent due on the unit for the period in which the tenant refused to surrender possession. Id.

Answer 243

equity (e.g., landowner or interest holder). In comparison, eminent domain proceedings are at law and are commenced by a condemning authority’s filing of a petition in the circuit court of the county where the property is located. Fla. Stat. ch. 73.021 In one Florida inverse condemnation case, a landowner did not obtain an injunction against the development of abutting land as a highway overpass on the basis that this development impaired the landowner’s right of access, light, air, and view. Lewis v. State Road Dep’t, 95 So. 2d 248 (Fla. 1957). The Florida Supreme Court affirmed a decree that provided in part that any such impairment constituted an incidental result of a lawful use or improvement that did not warrant an award of compensation to the landowner.

Answer 244

The offeror is normally free to revoke his offer at any time prior to acceptance; however, option contracts are irrevocable. An option contract is an agreement where consideration is given in exchange for a promise to keep an offer open [e.g., "I promise not to revoke this offer for one week if you pay me an additional $100 to keep the offer open."].

Answer 245

“as is” clause

Answer 246

This easement can exist when a landlocked parcel not within a municipality is blocked off by lands, fencing, or other improvements that eliminate any practicable route to access the nearest practicable public or private road for which the landlocked owner has easement rights.

Answer 247

a plaintiff must show that a regulation substantially burdens his or her free exercise of religion, even if the burden results from a rule of general applicability.

Answer 248

Local governmental units, such as counties, municipalities, and school districts, may impose ad valorem taxes upon real and personal property. All ad valorem taxation must be at a uniform rate within each taxing unit.

Answer 249

If the taking of a person into custody and detention occurs in compliance with the law, then the party who detains the person will not be criminally or civilly liable for false arrest, false imprisonment, or unlawful detention. Fla. Stat. ch. 812.015(3)(c)

Answer 250

Holdover tenant at sufferance

Answer 251

In a joint tenancy, each co-tenant owns an undivided share of the property, and the surviving co-tenant has the right to the whole estate (right of survivorship). At common law, four unities are required to create a joint tenancy: (i) time (interests vested at the same time), (ii) title (interests acquired by the same instrument), (iii) interest (interests of the same type and duration), and (iv) possession (interests give identical rights to enjoyment). If these four unities are not present, a joint tenancy cannot be created at common law. Instead, a tenancy in common results.

Answer 252

Public employees do not have the right to strike. Fla. Const. art. I, § 6.

Answer 253

The gateway issue in all contracts and sales essay questions will be to determine whether the common law or Article 2 of the UCC governs: 1. The common law governs if a contract deals with real estate or services; 2. The UCC governs if a contract deals with goods.

Answer 254

They do not beceome a part of the K unless offeror expressly agrees.

Answer 255

National Idenity gets Strict Scruitny The Florida Constitution expressly forbids discrimination based on race, religion, national origin, or physical disability and applies strict scrutiny to these cases. Strict scrutiny requires a compelling state interest. Consequently, the courts will apply a rational basis test with respect to age discrimination claims under which the court must examine the law to verify that it is rationally related to a legitimate state purpose.

Answer 256

misdemeanor of the first degree;• misdemeanor of the second degree;• a misdemeanor of the particular degree designated by statute

Answer 257

WHen they are Specially manufactured, Written confirmation, Admission in court, Payment or delivery of goods. (SWAP_

Answer 258

This is a tenancy for a specified amount of time and if it is over 1 year it must be in writing and it terminates at the end of that time. The landlord reserves the right of entry.

Answer 259

Under the doctrine of constructive eviction, if the landlord's breach (i.e., doing an act or failing to provide some service that he has a legal duty to provide) makes the premises untenantable, the tenant may terminate the lease and also may seek damages if the following conditions are met: 1. The breach must be by the landlord or by persons acting for him. 2. The breach must substantially and materially deprive the tenant of her use and enjoyment of the premises (e.g., flooding, absence of heat in winter). 3. The tenant must give the landlord notice and a reasonable time to repair. 4. The tenant must vacate the premises within a reasonable time.

Answer 260

A tenancy at will.

Answer 261

Homestead property may not be conveyed by one spouse without the other’s consent and may be freely devised only if there are no surviving minor children or spouse. However, this protection may be waived in an antenuptial agreement

Answer 262

(There are seven main ways that the offer can be terminated: 1. The offeror can revoke the offer by express communication to the offeree at any time before acceptance; 2. The offeree learns that the offeror has taken an action that is absolutely inconsistent with a continuing ability to contract; 3. The offeree rejects the offer; 4. The offeree makes a counteroffer; 5. The offeror dies; OR 6. A reasonable amount of time passes.) 7. The subject matter of the offer becomes illegal or is destroyed.

Answer 263

Total actual eviction

Answer 264

An acceptance is a manifestation of a willingness to enter into the agreement by the offeree [usually must be communicated to the other party - silence generally does not manifest willingness unless there is a past history of silence serving as acceptance].

Answer 265

description of the property, identification of the parties to the contract, price and manner of payment. Signed by the person to be held liable.

Answer 266

COmpensatory and not maritial property but lost wages are distributable

Answer 267

The Florida Safety Belt Law(the “Law”) only applies to certain motor vehicles such as cars and excludes: school buses, commercial buses, farm tractors, trucks over 26,000 pounds, and motorcycles, mopeds, bicycles, or similar devices (e.g., motorized scooters and electric personal assistive mobility devices). Fla. Stat. ch. he Law provides in part that a person shall not:•operatea motor vehicle in Florida unless each passenger and the operator of the vehicle under 18 years old are restrained by a safety beltor by a child restraint device; or •operate a motor vehicle in Florida unless the person is restrained by a safety belt.

Answer 268

A person commits a felony by doing so on, in, or within 1,000 feet of a child care facility or a school (public or private) between 6 A.M. and 12 A.M. Fla. Stat. ch. 893.13(1)(c). For the park etc it does not limit the time

Answer 269

Yes, the person can read the notes and then thy can be inspected and the person can be cross examined on them and the parts related to the testimony can be introduced into evidence.

Answer 270

No, this objection should be sustained because these things can only be read into evidence.

Answer 271

Yes because once the proper foundation has been laid and any objections will be overruled.

Answer 272

Are not unless the co defendants have a relationship like agent -employer and the employer can then be blamed for agent Ee actions.

Answer 273

True- they don’t recognize spousal immunity and spouses can testify against each other

Answer 274

No only reputation testimony is allowed.

Answer 275

The plea itself is an admission and can be offered by the adverse party. A guilty plea is an admission and an exception to hearsay.

Answer 276

No there is no exception for this and they can only be used to attack an expertAfter it has been established that they are authoritative.

Answer 277

Anytime by anyone who has heard the voice and can identify it.

Answer 278

In proving the terms of a writing, recording,photo, X-ray where the terms are material, the original must be produced.but this doesn’t apply if there is a fact to be proved that is independent of the writing. For example you have a written confession for murder but a prosecutor can introduce the person who took confession and they can be testify and you don’t have to have the written confession. That’s because the fact to be proven is independent of the writing. Whereas proof of my divorce requires the written divorce decree.

Answer 279

Yes in Florida a conviction is admissible even if you have been pardoned. The pardon can be used to rehabilitate the witness.

Answer 280

A BFP is a person who takes land without notice of a prior instrument and pays valuable consideration.

Answer 281

A devisee of land cant be a BFP, nor can heirs, or devises because they have not given value for their interest, they are not purchasers. You also cant be a BFP if you have notice of a prior conveyance.

Answer 282

This means that you can be held accountable for checking about the title on the property even if you don’t see it you should have asked.

Answer 283

A notice statute is a recording act that requires people to record and the record creates a notice to subsequent purchasers of the prior claim. Florida is a notice. So even if a person buys something BFP and records second, the notice needs to be upon their purchase, not their recording. SO look to the day they bought the property for notice of other buyers.

Answer 284

This is called a dying declaration and it’s admissible in a civil or criminal trial in Florida.

Answer 285

No this is inappropriate the Florida rules specifically say a judge may not sum up the evidence or comment to the jury about the weight of the evidence or the credibility of the witness or the guilt of the accused.

Answer 286

This may be admissible in Florida As substantive evidence. The rules extend its hearsay exception for public records and reports to include certain type of otherwise admissible affidavits provide for by other Florida statutes.

Answer 287

Lay a foundation that the photograph fairly and accurately represents what it reports to depict then the foundational facts must be proven to establish the reliability of the process that resulted in the photograph these types of fax include but are not limited to testimony identifying the people depicted in the photograph the capability and operating condition of the equipment producing the photograph as it relates to the reliability and accuracy of the photograph and the date and time of the evidence and any tampering or editing of the evidence.

Answer 288

In Florida the lodge and really provides for the husband and wife privilege which is a version of the general confidential miracle communications privilege rather than spouse in unity. Either spouse or a spouse was conservatory guardian can clean this privilege to Florida husband and wife privilege does not apply the selection between spouses a criminal proceeding in which one spouse is charged with committing a crime against the personal property of the other spouse or child your spouse a criminal proceeding in which the communication is offered in evidence by a defendant spouse who is one of the spouses between whole communication was made.

Answer 289

Admissible if the evidence would be admissible as opinion testimony from the doctor if h were to testify to the opinion.

Answer 290

No in Florida this is not allowed because there was no open door on direct exam to go to this evidence. So unlike the federal rules Florida does not allow evidence of specific instances of a witness misconduct to challenge the witness credibility, absent another ground such as CONVICTION. So if they had been convicted because of this lie then they could be questioned about it. Or if it came up on direct then it can be brought up on cross. Otherwise its out.