Torts
A person has no duty to retreat before using justified deadly force in a place where the person has a right to be.
What is Stand Your Ground?
Character evidence may only be brought in ______ form?
What is Reputation?
Unlike federal law, violation of Florida's knock-and-announce rule results in this remedy.
What is suppression of evidence?
Unlike the common law rule, Florida recognizes consideration if there is either a legal detriment or this
What is a benefit?
In Florida, service of original process is generally required within this many days after filing the complaint.
What is 120 days?
Florida presumes reasonable fear when force is used against an unlawful intruder in this type of plac
What is dwelling or occupied vehicle?
Unlike federal court, a Florida court may instruct a jury in a civil case that it is free to disregard this type of fact.
What is a judicially noticed fact?
A defendant who successfully commits the target offense cannot also be convicted of this inchoate crime based on the same conduct because it merges into the completed offense
What is attempt?
In Florida, a merchant's written assurance to keep an offer open remains irrevocable for no more than this amount of time.
What is 3 months?
Florida county courts generally have jurisdiction over civil actions at law not exceeding this amount.
What is 50k?
In Florida, proof of battery itself establishes this element needed for punitive damages
What is malice?
In a criminal case, this category of people generally cannot be excluded from the courtroom, even under the rule of sequestration.
What is a victim?
A defendant honestly but unreasonably believes property belongs to him and takes it. Because this crime requires a specific intent to steal, the mistake may be a defense
What is larceny?
Under Florida's version of the mailbox rule, acceptance of an option contract is effective upon this event
What is receipt by offeror?
Unlike federal court, service of process in Florida is generally void if performed on this day without a court order.
What is Sunday?
A merchant may detain a suspected shoplifter if the merchant has this level of suspicion that theft occurred.
What is probable cause?
In Florida, a judge may not comment on this aspect of the evidence during trial
What is the weight/credibility of evidence?
Pre-arrest, pre-Miranda silence is generally admissible in Florida only for this purpose.
Between merchants, an additional term in an acceptance will not become part of the contract if it would create this.
What is a material alteration?
In Florida, a spouse may be served on behalf of the defendant only if the spouses are not adversaries, live together, and this additional requirement is satisfied
What is the spouse requests service or is party to the action?
A defendant intentionally harms V. C, a close family member, witnesses the event and suffers severe emotional distress. Under this tort, C may recover even without physical injury
What is IIED?
A criminal defendant introduces evidence of the victim's violent character to support a self-defense claim. By doing so, the defendant opens the door to evidence of this person's character.
What is defendant's own bad character?
Voluntary intoxication may be a defense only to crimes requiring this level of mens rea
Specific intent crimes
A seller ships nonconforming goods and seasonably notifies the buyer that the shipment is merely an accommodation. The shipment is treated as this.
What is a counteroffer?
A Florida court may obtain jurisdiction over a nonresident who operates a motor vehicle in the state by serving this state official.
What is the Florida Secretary of State?