John better know this or Bradenton will become Gotham City
in FL, the possession of this during the commission of a felony robbery bumps the charge up to a 1st degree felony robbery.
what is a weapon or firearm?
what is the consent of all beneficiares + settlor.
even if the trustee does not approve, and even without judicial approval.
for a security interest to attach to property subject to article 9, there must be 1) value given by secured party, 2) debtor as rights in the collateral, and either of these two things/events.
what is a valid security interest OR possession of the collateral by the secured party?
In Florida, a defendant may recover attorney's fees only if the plaintiff's judgment is at least this percentage less than a proposal for settlement offered by the defendant prior to trial.
what is 25%?
The Florida Constitution provides for an expansion of these individual rights in a manner greater than what the US Constitution provides for.
What are privacy rights?
During a vehicle search incident to a lawful arrest, an officer may only warrantlessly search the car if they can demonstrate either of these 2 things?
what is 1) that the arrestee is within reaching distance of the passenger compartment & poses safety threat, or 2) it is reasonable that evidence of the arrested offence might be found in the car?
when this occurs, it allows creditors to reach the property subject to a spendthrift provision in a trust.
what is property ($$) being distributed to the beneficiary?
When a trust contains a valid spendthrift clause, most creditors of the beneficiary may not reach the trust interest or a distribution before receipt by the beneficiary. However, a spendthrift restriction applies only as long as the property remains in the trust. It is inapplicable to property that has been distributed to the beneficiary.
... meaning, a creditor cannot force the the trustee to make payments from the trust, but they can reach the money/interest once it is distributed to the beneficiary themselves.
this is a defense that may NOT be asserted against a holder in due course of a promissory note
what is a breach of contract defense.
An obligor can deny payment against a holder in due course only if the obligor asserts a real defense. Real defenses include:
General contract defenses, such as breach of contract, are personal defenses and cannot be successfully asserted against a holder in due course.
Under the FL Civ Pro rules, a voluntary binding arbitration award in a FL circuit court may be appealed within 1) this many days, 2) under this standard of review, and 3) reviewed by this court?
1) what is 30 days
2) what is a mere review of the record (never de novo)
3) the circuit court it was filed in (not the DCA above it!)
note that appeals of voluntary binding arbitrations are only accepted for limited reasons:
The record may be reviewed for:
In property law, these promises regarding land use are enforced in equity by injunction rather than by an award of damages.
what are equitable servitudes?
exam note - if an essay or multiple-choice question asks whether the plaintiff is seeking damages or an injunction, remember: real covenants → damages; equitable servitudes → injunctions.
In FL, without demand, a FELONY defendant generally must be brought to trial within 1) this many days 2) after this occurs.
note that this question questions only when the DF did NOT demand their right to be invoked - if demanded, there are different rules & timing procedures (see outline).
The devises that are abated first where there is not enough money in the estate to satisfy all the gifts in a will.
(bonus: the basis/calculation of which they abate.)
what are residuary devises?
(note that the intestate property is first, but the question was asking about devises. the order of abatement for devises goes: residuary, general, then demonstrative and specific).
bonus answer: what is a pro rata basis?
what is the FL Secured Transaction Register?
*exception - if it is real property, does not need to be filed here; file real property in the office for recording mortgages in that local jxd.
Under Florida's modified comparative negligence statute, a plaintiff more than 50% at fault is barred from recovery, except in these two categories of actions.
what are medical malpractice and intentional tort actions?
does not apply to intentional torts or personal injury or wrongful death due to medical malpractice - instead, FL follows pure comparative negligence under these actions/claims.
The Florida Constitution provides for this as an additional suspect classification, one that is not provided by the US Constitution.
what are physical disabilities?
Under Florida's public records hearsay exception, an officer's observations in an affidavit regarding alcohol or drug impairment are admissible only in this type of criminal proceeding.
what are DUI proceedings?
remember that police observations in public records are generally inadmissible against a criminal defendant, but this is a Florida-specific DUI exception.
When a revocable trust devises 100 shares of Corporation's stock to a trustee, then Corporation declares a 2-for-1 stock split prior to the testator's death, this is the amount of Stock the trustee is entitled to get at the testator's death.
what is 200?
this is the only kind of "good" where the security interest PERFECTS automatically upon attachment.
what are PSMIs in consumer goods?
(if the secured party obtains a PSMI for the good, they will not need to then file a financing statement or have possession to perfect their interest).
If a Defendant is filing a pre-answer motion in a civil proceeding, 1) this motion will extend the time to serve a responsive pleading, whereas 2) this similar motion does not.
what is 1) motion for a more definite statement (does), while 2) a motion to strike does not?
meaning, - if a defendant files only a Motion to Strike, they still have to answer the Complaint within 20 days of service of the complaint. But, if they file a timely Motion for More Definite Statement, the 20-day clock to answer pauses until the court hears/resolves the motion.
in Florida, these witnesses MAY NOT be excluded from the courtroom
what are:
- a party (if a natrual person)
- if the party not a natural person, their designated representative
- any person whos presense is essential to the party's presentation of the case, and
- the victim, in a criminal case (includes victim's next of kin, minor victim's parent or guardian, or lawful representative of such person, unless court determines person's presence is prejudicial).
these are the exceptions to hearsay that requires the declarant to be unavailable (list them all & their requirements/elements!)
what is..
Former Testimony: Prior testimony given under oath where the opposing party had an opportunity and similar motive to develop the testimony.
Dying Declaration: A statement made while the declarant reasonably believed death was imminent, concerning the cause or circumstances of the impending death. (The declarant need not actually die.)
Statement Against Interest: A statement that, when made, was so against the declarant's pecuniary, proprietary, or penal interest that a reasonable person would not have made it unless true. If offered to exculpate a criminal defendant, corroborating circumstances must establish its trustworthiness.
Statement of Personal or Family History: A statement about the declarant's (or a close family member's) personal or family history, such as birth, marriage, divorce, ancestry, or relationship.
Statement Against Party Who Caused Unavailability: A statement offered against a party who intentionally caused the declarant's unavailability to prevent testimony.
in a trust where two persons are entitled to income distributions - a beneficiary who murders the other co-beneficiary would be entitled to this amount of the trust.
what is their % of the trust income that they themselves were entitled to.
but - they will not be allowed to recieve any interest dependent on the victim's share, and obviously, cannot get the victims share either.
This is a shareholder's sole & exclusive remedy if they object to a corporation's legally-enacted merger.
what are appraisal rights? (forcing the corporation to buy all their shares at a fair value, determined by an appraiser.)
note that this is their only remedy if the merger was lawfully conducted (board approval + majority shareholder approval) & the merger wasn't procured by fraud/misrepresentation.
In Floirda, a plaintiff's assumption of risk will generally merge into comparative negligence, except for these two situations.
what are 1) express assumption of risk and 2) implied during contact sports?
to explain.. Florida mostly abolished assumption of risk as a separate defense. so, assumption of risk usually just reduces a plaintiff's damages through comparative negligence. but, if express assumption of risk or implied assumption of risk in contact sports are asserted as a defense, they remain as true assumption-of-risk defenses that can completely bar the plaintiff's recovery (because it will negate the df's duty).
this is an important distinction to catch bc it determines whether you analyze the issue under duty (no duty = complete bar to recovery) or under affirmative defenses (comparative negligence = reduced damages)
this is the difference between the federal rule and florida rule regarding when the deadline to produce Initial Discovery Disclosures.
what is..
florida: 60 days after service of complaint (or joinder).
federal: 14 days after the Initial Discovery Conference is held