FL MC

Question 1

If Defendant denies a complaint, can summary judgment still be granted?

Answer 1

YES, if Plaintiff’s proofs submitted in support of his motion for summary judgment are:

1. NOT contradicted, and
2. IF proofs show NO GENUINE ISSUE OF MATERIAL FACT

Question 2

A merger of a Corporation into another corporation with the other corporation becoming the surviving corporation…

Answer 2

Requires Shareholder approval of the Extinguishing corporation!

Question 3

Jill makes a will leaving all of her stocks to Lou and the residue of estate to Beth. Several weeks later, she creates a codicil to the will that devises her jewelry to Ann. Jill and Beth have a fight and Jill mistakenly rips up the codicil rather than the Will. Jill dies. What is true of the distribution of Jill’s estate?

Answer 3

Ann receives the jewelry under the terms of the codicil.

**I am unsure why…

Question 4

If the State seeks to introduce Witness’ prior inconsistent statement (sworn under oath) for the sole purpose of impeaching Witness, should the court allow the statement to be admitted?

Answer 4

YES, because any party can attack the credibility of a witness by introducing a prior inconsistent statement.

Prior inconsistent statements-even said under oath-can likely not be used for any purpose as there may be a hearsay objection or some other evidentiary issue.