PQs

Question 1

If there is a surviving descendant who is not the lineal descendant of the surviving spouse, what does the surviving spouse receive?

Answer 1

One-half of the intestate descendant’s estate.

Question 2

When is summary administration allowed?

Answer 2

Where the decedent’s entire estate is valued at less than $75,000

Question 3

Fla Stat 90.405

Answer 3

The state is only permitted to ask whether a witness has “heard” of specific bad acts of the D (after he has raised the reputation)

Question 4

What is the Florida rule regarding impeachment using criminal convictions?

Answer 4

The conviction must be for a misdemeanor involving dishonesty, or for a felony punishable by imprisonment in excess of 1 year.

Question 5

Does Florida law allow a witness to be questioned about prior bad acts or prior specific bad acts of misconduct where there was no conviction?

Answer 5

No!

Question 6

In Florida, is reputation evidence regarding a victim’s prior sexual conduct admissible?

Answer 6

No, it is inadmissible in sexual battery prosecutions.

Question 7

Fla. Stat. 90.614(2)

Answer 7

If a witness denies making a prior inconsistent statement, extrinsic evidence of such a statement is admissible IF the witness is given the opportunity to explain or deny the statements AND the opposing party is afforded an opportunity to interrogate the witness, or if the interests of justice otherwise require.

Question 8

Order of payment by PR

Answer 8

1. compensation for PR and their attorney’s fees;
2. funeral expenses not to exceed $6,000;
3. taxes with preference under federal law;
4. hospital expenses of the last 60 days of the last illness of the decedent

Question 9

Under the Florida Business Corporation Act, is a director permitted to loan funds to an employee?

Answer 9

Yes, this is permitted. However, the statute does not permit lending money to a former employee.

Question 10

A contract between a director and a Florida corporation is

Answer 10

NOT VOIDABLE, if the contract is fair to the corporation, even though the director’s interest in the contract is not disclosed. on its face, the statute does not require disclosure of the conflict

Question 11

Proof of Service:

Answer 11

operates as prima facie evidence of service. Certificates are required whether service is by mail or by personal service

Question 12

Has Florida Tort Law abolished J&S liability?

Answer 12

Yes.

Question 13

Does J&S liability still apply under Florida Partnership Law?

Answer 13

Yes, generally speaking, partners are liable for all obligations of the partnership J&S. This includes Torts and Contracts among other laws.

Question 14

May a non-resident of Florida serve as a director of a Florida corporation?

Answer 14

Yes!

Question 15

Can a corporation serve as the director of another corporation?

Answer 15

No.

Question 16

What is required to be a director in Florida?

Answer 16

A director must be a natural person who is at least 18 years old.

Question 17

What is the “safe-harbor” rule?

Answer 17

It provides a director protection against the alleged breach if there is proof that the director:

1. disclosed all material facts to a majority of non-interested board members and obtained their approval for the transaction;
2. disclosed all material facts to a majority of non-interested shareholders entitled to cast votes, and obtained their approval for the transaction; or
3. there was “fairness of transaction” to the corporation at the time the transaction commenced

Question 18

When must a motion for substitution be made after Plaintiffs’ death?

Answer 18

Within 90 days after a proper suggestion of Plaintiff’s death is made on the record

Question 19

A boy’s mother died intestate; subsequently, the boy is adopted. Is he entitled to inherit from his biological mother’s estate?

Answer 19

Yes, because of the timing of his adoption.

Question 20

Will a mistake of fact void a will?

Answer 20

No. A will is not generally invalid if the testator executes it on a mistake of material fact unless fraud or undue influence occurred or the mistake negates the testator’s intent.

Question 21

Fla. Stat. 90.706

Answer 21

Statements of facts or opinions on a subject of science, art, or specialized knowledge contained in a published treatise or other writing may be used in cross-examination of an expert witness.

Question 22

Does Florida allow evidence of a final judgment of conviction to be admissible as non-hearsay?

Answer 22

No.

Question 23

Fla. Stat. 90.106

Answer 23

A judge may not summarize evidence or otherwise comment to the jury about the weight of the evidence, credibility of witnesses, or guilt of the accused.

Question 24

If co-defendants are represented jointly, what must the court do?

Answer 24

A Florida court must, as soon as practicable, inquire into such joint representation and must personally advise each defendant of the right to effective assistance of counsel, including separate representation

Question 25

Pursuant to Fla. R. Crim. P. 3.152, before trial, severance of defendants is permitted IF

Answer 25

a showing is made that the severance is necessary in order to fairly determine at least one defendant’s guilt or innocence or the severance is necessary to protect a defendant’s right to a speedy trial

Question 26

For what purpose may an officer search a detained person in a Terry stop?

Answer 26

He can only search the detained person for the purpose of discovering and securing any dangerous weapon that might endanger the officer

Question 27

What statement must be made in support of service by publication

Answer 27

It must show:

1. the defendant is over age 18, if known; and
2. the defendant’s residence is unknown; or
3. the defendant’s residence is known to be outside of Flroida; or
4. the defendant’s residence is known to be in Florida, but the defendant has been absent from Florida for more than 60 days or has concealed himself so that process cannot be personally served on him; or
5. if the name or residence of the defendant is unknown, a diligent search and inquiry have been made disclosing the particulars

Question 28

Contingency fees must be:

Answer 28

1. in writing,
2. signed by the client, and
3. signed by the attorney

Question 29

What is needed for a revocation by a third party to be valid?

Answer 29

The will must be destroyed in the testator’s presence.