Florida Law Flashcards
Impeachment
A witness may be impeached with (1) a crime involving dishonesty or a false statement; or (2) any felony. However, the court has discretion to exclude any prior conviction, even if it involves dishonesty or a false statement. The general Rule 403 balancing test applies to all convictions regardless of the identity of the witness.
A defendant charged with first-degree murder shall be furnished with a list containing names and addresses of all prospective jurors
Upon request.
What are the reasons a sentence should not be pronounced on a defendant?
- Insanity
- Defendant is pregnant and facing the death penalty.
- Defendant has received a pardon.
Cumulative Shares Forumla
(Number of Shares * Ensuring the Number of Directors needed to be Elected) / (Number of Directors to be Elected at the Meeting + 1)
** Any number greater than that number
Service on a Corporation
- President of Vice President
- In absence, cashier, treasurer, secretary, or general manager
- In their absence, resident officer or business agent.
Also, an agent designated by law or any employee at the PPB or any employee of the registered agent.
Business Trust Trustee Liability
Trustees of a business trust are usually held personally liable to trust creditors. Thus, contractual exculpatory clauses negating the trustees’ personal liability and relegating creditors to trust assets are usually valid. Even absent such clauses, a trustee can usually seek indemnification from the trust.
Action versus Judgment in General Partnership
All partners are jointly and severally liable for obligations of the partnership, whether the obligations arise in contract or tort. Therefore, an action may be brought against one or more of the partners or partnership.
However, a judgment against a partnership is not itself a judgment against a partner.
What is the maximum amount of money available for distributions in dividends?
There are two standards required by Florida law: the balance sheet test and the equity test.
Income + capital - debts = dividends.
Defendant’s Right to Severance in Criminal Trial
If two or more offenses are based on the same or connected acts or transactions, they may be joined as separate counts int he same indictment or information.
However, a ∆ has a right to severance if he can show that severance is proper to fairly determine guilt or innocence on each charge or is necessary for a fair determination of each offense.
If the partnership business continues after the dissociation of a partner, _______________.
the partnership must purchase the dissociated partner’s interest.
How to rebut a presumption that a will with an attestation clause was properly executed
Sworn testimony of a subscribing witness of a will that contradicts the plain language of a will’s attestation clause.
How can general partners be added in a partnership?
As provided in writing in the partnership agreement or, if the partnership agreement does not provide in writing for the admission of additional general partners, with the written consent of all partners.
Filing a second amended complaint
Courts only allow one amended complaint to be filed without seeking leave of the court.
What may the jury take back into deliberations with them
- Any materials as long as they were entered into evidence (but not depositions)
- Approved verdict forms
- A written copy of all jury instructions.
- The charging document
A demand for speedy trial can be made when?
After formal charges have been filed
What may not be required of the defendant once a formal charging instrument has been filed?
Posing for photographs of reenactment of a scene.
Motion to arrest judgment
Criminal trial; basically a motion to dismiss but tardy.
Is JNOV available in criminal cases?
No
A motion for a new trial
Granted where the substantial rights of a defendant were prejudiced by a jury receiving evidence out of a court. Must be made within 10 days of trial.
When is release of a criminal defendant pending appeal not available?
Release pending appeal may not be granted to anyone who has previously been convicted of a prior felony and has not had his civil rights restored
OR
Who has other felony charges pending where probable cause has been found.
Securing testimony for material witnesses who live beyond the territorial jx of a court
A proper motion must be granted if filed more than 10 days before trial. An application to perpetuate testimony must be verified by affidavits of credible persons. Thereafter, the deposition may be read into evidence if the witness is unable to appear at trial.
If the state makes the request to perpetuate testimony, the defendant is entitled to be present at the deposition.
Practical effect of granting a criminal defendant’s motion for a change of venue on other defendants
Nothing, moving defendants are changed to the other venue and the other defendants are tried in the original county in which the case is pending.
Punitive Damages
Not available unless the jury, by clear and convincing evidence, finds that the defendant’s conduct was grossly negligent.
Damages available for negligence
Economic compensatory damages (medical bills, impaired earning potential, lost wages)
Non-Economic (pain and suffering, loss of enjoyment of life, emotional anguish)
Exception to comparative negligence
If the plaintiff was legally drunk and was more than 50% at fault, he is completely barred from recovery.
Florida Supreme Court has jurisdiction to review
- Decision by DCA that expressly construes a state constitutional provision
- Decision by DCA that directly conflicts with another district court of appeal
- Decision by DCA that upholds the validity of a statute statute
Duty to Supplement With New Information
There is no duty to supplement newly discovered information if the person answered truthfully at the time she answered and did not know.
