Sample Multiple Choice July 2017, February 2018 Flashcards
What happens if, at the close of the pleadings, both P and D duly make motions for summary judgment?
If P’s proofs submitted in support of his motion are NOT contradicted and if P’s proofs show that no genuine issue of material fact exists, summary judgment will be granted even if D’s answer denied P’s complaint.
An emergency room physician testified that a victim told him that “West tried to steal his gold neck chain and shot him”. Which statement is admissible?
Only the statement that the victim was shot-→provided for medical care/diagnosis (describing what caused his injuries)
What is the hearsay exception for “statement made for medical diagnosis or treatment”?
A statement that describes a person’s medical history, past or present symptoms, or their inception or general cause is admissible as an exception to the hearsay rule if it was made for – and was reasonably pertinent to – medical diagnosis or treatment.
Is the copy of a report of an investigating police officer setting forth the officer’s observations admissible?
No, it is inadmissible because it is hearsay not within any exception. In Florida, factual findings resulting from legally authorized investigations are not admissible.
What is the profit sharing relationship of a general partnership where the partners have agreed only on voting percentage and the voting shares are unequal?
The partners will still share equally; shares are not determined on the voting percentage, but rather can be determined on the amount of contribution.
Is it appealable if the jury is allowed to go home AFTER they begin deliberations.
Yes, this is an appealable issue.
Can a party use a deposition transcript at trial instead of calling the witness to the stand?
Yes, but, if requested, the party must read all parts that in fairness ought to be considered with the part introduced.
A defendant charged with first-degree murder shall be furnished with a list containing names and addresses of all prospective jurors
Upon request
Can an adverse witness be interrogated by leading questions and subjected to impeachment?
Yes.
Must a judge take judicial notice of a public statutory law of Florida?
Yes.
What does Florida require for judicial notice to be mandatory?
The requesting party:
- provide each adverse party with timely written notice of the request; and
- file proof of such notice with the court
In Florida, the court has discretion to determine whether judicial notice of a fact is conclusive…TRUE OR FALSE?
True. If such a finding is made, the jury is instructed to accept the fact as judiciall noticed
What three things MUST a Florida court take judicial notice of?
- Decisional, constitutional and public statutory law and resolutions of the Florida Legislature and the Congress of the United States;
- Florida rules of court that have statewide application, its own rules, and the rules of the United States courts adopted by the US Supreme Court;
- Rules of court of the US Supreme Court and of the US Courts of Appeal
What actions MUST be approved by the shareholders of a corporation?
Any fundamental changes (for example, merger of the corporation into another corporation with the other corporation becoming the surviving corporation.
Does the confidential marital communications privilege apply in a proceeding brought by one spouse against the other?
No, it does not apply.
