Florida Specific
True or False: Florida recognizes common law marriages
False - common law marriage does not exist in Florida
True or False:
The first amendment right to free speech protects misleading commercial speech
False
What does mens rea mean?
Guilty mind; criminal intent; culpability; mental state; fault
TORTS
If you see someone drowning do you have a duty to rescue them?
No!
True or False:
In common law, to be convicted of burglary the crime must have been committed at night.
True
What is the defense of infancy?
Bonus point: True or False: If you have ever been married before 18, you cannot use the defense of infancy.
The defense of infancy is when minors argue that a contract they entered should not be enforced because they were under 18 when they entered the contract. An exception to this defense is contracts entered for necessities such as medical care.
If you do not want to incriminate yourself you would plead what amendment?
The fifth amendment
What does dispositive mean?
involving or affecting disposition or settlement
ETHICS
The client has the final say in all of these decisions EXCEPT:
- Whether to accept settlement offers
- Which witnesses to call during trial
- The objectives of representation
- Whether to testify in their own defense in a criminal case
Which witnesses to call during trial
Do you have the right to an attorney under the 6th amendment before you are charged?
No, but you do have the right to counsel under your Miranda rights at that point.
How many years are required for adverse possession in Florida?
Bonus: How many years are required for adverse possession of an easement in Florida?
Seven years
Bonus: Twenty years
Which amendment gives power to the states?
Tenth amendment
What does plenary mean?
full; complete; entire; absolute
PROPERTY
What is a life estate?A life estate is a present estate that exists during a specified person’s life and terminates
automatically when that life ends.
When must you be read your Miranda Rights?
Before you are interrogated while in custody.
Florida County Courts have jurisdiction over claims when the amount of controversy is $_______ or less
Which amendment gives you the right to counsel?
The sixth amendment.
What is consideration in contract law?
Bonus: can you have a valid contract without consideration?
A bargained-for exchange of promises, performances, or both.
Bonus: No!
CONTRACTS
What is the mailbox rule?
An acceptance of an offer is valid upon the time it is sent (for example as soon as you set it in a mailbox) not when it is received.
What is a Terry stop?
Brief seizures without an arrest warrant based on reasonable suspicion.
A partner has the following fiduciary responsibilities to the partnership and the other partners except:
- The duty of care
- The duty of loyalty
- The obligation of good faith and fair dealing
- The obligation of refraining from grossly negligent or reckless conduct, intentional misconduct, or a knowing violation of the law.
The obligation of good faith and fair dealing
The fourth amendment protects against unreasonable searches and seizures. What parts of a car can police legally search with probable cause but without a search warrant?
The scope of warrantless searches is limited to areas in the car, including closed
containers, for which there is probable cause to believe that incriminating evidence
could be present. Such searches often involve destruction of upholstery or dismantling
of a gas tank, which is considered a reasonable search if the incriminating evidence
could be hidden inside those places. Such searches may extend to closed containers
in the car belonging to a passenger if the object of the search could be concealed in
the passenger’s container.
What is the definition of consanguinity?
relationship by descent from a common ancestor; kinship
EVIDENCE
What is hearsay?
An out of court statement made by a person for the truth of the matter asserted.
What is the difference between bilateral and unilateral conspiracy?
Under common law bilateral conspiracy requires that two individuals genuinely and sincerely agree to commit the target crime. Therefore, someone cannot be convicted under common law of committing conspiracy if they agree with an undercover cop to commit a crime.
In some jurisdictions and the Model Penal Code, unilateral conspiracy is considered a crime where only one person must genuinely and sincerely agree to commit a crime to be guilty of conspiracy.