I85PREP
⌘ K
FL Bar study materials
FL Bar study resources

FL Bar practice questions

One question at a time. Build your FL Bar understanding.

First 50 of 200 questions. Each one lists the choices, the correct answer, and an explanation. The checker at the top of this page saves progress in this browser when it is available.

Continue in the practice tool above to load more questions, 50 at a time.

Question 1Florida Law Component

Under the Florida Constitution, how often must the Florida Constitution Revision Commission be convened?

  1. Every ten years
  2. Every twenty years Correct answer.
  3. Every twenty-five years
  4. Every five years

Explanation

Article XI, section 2 of the Florida Constitution provides that the Constitution Revision Commission is convened automatically every twenty years to review and propose revisions to the constitution.

Question 2Florida Law Component

In a Florida civil case, a plaintiff who wishes to amend a pleading once as a matter of course may do so at what point?

  1. Within ten days after the answer is served
  2. Within twenty days after service of a responsive pleading Correct answer.
  3. Only with leave of court after a responsive pleading is filed
  4. At any time before the case is set for trial

Explanation

Under the Florida Rules of Civil Procedure, a party may amend a pleading once as a matter of course within twenty days after service of a responsive pleading or a motion raising defenses, and later amendments require leave of court or written consent.

Question 3Florida Law Component

A Florida homeowner dies intestate survived only by a spouse and by parents. Under Florida intestate succession, how is the estate distributed?

  1. The spouse takes the first $60,000 plus one-half of the remainder
  2. The entire estate passes to the surviving spouse Correct answer.
  3. The estate is divided equally among spouse and parents by head
  4. The spouse takes one-half and the parents take one-half

Explanation

Under Florida's intestate succession statute, if the decedent leaves a spouse but no descendants, the surviving spouse takes the entire estate, even where parents survive.

Question 4Florida Law Component

Which standard governs a Florida trial court's ruling on a motion for judgment notwithstanding the verdict?

  1. Whether the moving party preserved every objection at trial
  2. Whether the evidence is legally insufficient to support the verdict Correct answer.
  3. Whether the verdict is against the manifest weight of the evidence
  4. Whether reasonable jurors could differ on the evidence presented

Explanation

A motion for judgment notwithstanding the verdict tests the legal sufficiency of the evidence, asking whether no reasonable jury could have reached the verdict on the evidence presented; weight-of-the-evidence challenges are addressed by a motion for new trial.

Question 5Florida Law Component

Under the Florida Rules of Professional Conduct, a lawyer who holds funds belonging in part to a client and in part to the lawyer must do what with those funds?

  1. Keep disputed and undisputed portions together in trust until final accounting
  2. Keep the lawyer's portion separate and promptly deliver the client's undisputed portion Correct answer.
  3. Deposit them in the lawyer's operating account until the dispute is resolved
  4. Apply the entire sum to fees first and remit any surplus later

Explanation

The Rules of Professional Conduct require that trust funds be segregated, and when a third person or the lawyer claims an interest, the disputed portion must be kept separate while the undisputed portion is promptly distributed to the client.

Question 6Florida Law Component

In Florida, a defendant in a felony case may waive the right to a jury trial only if the waiver is:

  1. Made orally in open court after the jury is sworn
  2. In writing with the consent of the prosecutor and the court Correct answer.
  3. Implied by the defendant's failure to object before trial
  4. Approved by the chief judge of the circuit

Explanation

Florida law requires that a waiver of jury trial in a criminal case be in writing, with the consent of the prosecuting attorney and the court, reflecting the heightened protection given to the jury trial right.

Question 7Florida Law Component

A Florida seller of residential property fails to disclose a known latent defect that materially affects value and is not readily observable. What is the seller's liability under Florida law?

  1. No liability, because caveat emptor still governs all residential sales
  2. Liability only if the defect violates a building code
  3. No liability unless the buyer asked a direct question about the defect
  4. Liability for fraudulent concealment or failure to disclose known material defects Correct answer.

Explanation

Florida recognizes a duty on sellers of residential property to disclose known material latent defects that are not readily observable, and breach of that duty supports an action for fraud or misrepresentation.

Question 8Florida Law Component

Which entity is responsible for adopting the rules regulating the practice of law in Florida?

  1. The Florida Supreme Court Correct answer.
  2. The Judicial Qualifications Commission
  3. The Florida Bar Board of Governors
  4. The Florida Legislature

Explanation

The Florida Supreme Court has inherent authority to regulate the practice of law and adopts the Rules of Professional Conduct and related rules of discipline.

Question 9Florida Law Component

Under Florida's homestead provision, which protection applies to a homestead owned by a married person who dies survived by a spouse and minor children?

  1. The homestead protection ends automatically at the owner's death
  2. The homestead is protected from forced sale but may be devised without restriction
  3. The homestead is freely devisable to any person the owner chooses
  4. The homestead is protected from forced sale and cannot be devised away from the surviving spouse Correct answer.

Explanation

Article X, section 4 of the Florida Constitution exempts homestead from forced sale and restricts devise where a spouse or minor child survives, so the owner cannot defeat the surviving spouse's protected interest.

Question 10Florida Law Component

In Florida, what is the effect of a judgment lien recorded in the public records of a county?

  1. It binds property only after a writ of execution is levied
  2. It binds all real property of the debtor in that county for the statutory period Correct answer.
  3. It binds personal property but not real property
  4. It binds only property specifically described in the judgment

Explanation

A certified copy of a judgment recorded in the official records of a county creates a lien on the judgment debtor's real property in that county for the statutory duration, without need for specific description or levy.

Question 11Florida Law Component

A Florida lawyer is asked to represent two co-defendants whose interests are materially adverse in the same litigation. The lawyer may undertake the representation only if:

  1. The clients agree to split the lawyer's fee equally
  2. The lawyer reasonably believes the representation can be competent and diligent and both clients give informed consent Correct answer.
  3. The court appoints the lawyer to represent both
  4. Both clients are adults and sign a general retainer

Explanation

Concurrent conflicts may be undertaken only where the lawyer reasonably believes competent and diligent representation is possible and each affected client gives informed consent confirmed in writing.

Question 12Florida Law Component

Under Florida law, a person who possesses a firearm and commits a felony with it faces enhanced penalties. This enhancement is best described as:

  1. A separate substantive offense requiring proof of intent to kill
  2. A sentencing enhancement triggered by firearm use in a felony Correct answer.
  3. A civil penalty assessed by the Department of Law Enforcement
  4. An affirmative defense available to first-time offenders

Explanation

Florida's firearm enhancement statutes increase the penalty for specified felonies when a firearm is possessed or used, operating at sentencing rather than creating a new element-based offense.

Question 13Florida Law Component

In a Florida dissolution of marriage, how does the court treat property acquired during the marriage by one spouse's earnings?

  1. It is divided according to who holds legal title
  2. It is presumed marital property subject to equitable distribution Correct answer.
  3. It is nonmarital because it was earned by one spouse
  4. It is set aside entirely for the earning spouse

Explanation

Florida law presumes that property acquired during the marriage with marital funds is marital property, regardless of title, and is subject to equitable distribution.

Question 14Florida Law Component

In Florida, a party seeking to appeal a final order of a circuit court acting in its appellate capacity must seek review by:

  1. A new trial in the same circuit court
  2. Certiorari in the district court of appeal Correct answer.
  3. Discretionary review in the circuit's chief judge
  4. Direct appeal to the Florida Supreme Court

Explanation

Review of a circuit court's decision in its appellate capacity is by petition for writ of certiorari to the district court of appeal, which reviews for departure from the essential requirements of law.

Question 15Florida Law Component

Under the Florida Evidence Code, a statement made by a declarant while believing that death was imminent, concerning the cause of death, is admissible as:

  1. A dying declaration exception to the hearsay rule Correct answer.
  2. A recorded recollection
  3. An admission by a party opponent
  4. An excited utterance

Explanation

A statement made under a belief of imminent death concerning its cause or circumstances is admissible under the dying declaration exception to the hearsay rule.

Question 16Florida Law Component

A Florida contractor records a claim of lien on real property. To preserve the lien, the contractor must generally:

  1. Record the lien before beginning work on the project
  2. Obtain the owner's written acknowledgment of the debt
  3. Record the lien within ninety days of the last furnishing of labor or materials and serve a copy on the owner Correct answer.
  4. File suit to foreclose within one year of recording

Explanation

Florida's construction lien law requires the lienor to record a claim of lien within ninety days after the last furnishing of labor, services, or materials and to serve a copy on the owner within fifteen days of recording.

Question 17Florida Law Component

Which statement correctly describes the Florida Bar's Client Security Fund?

  1. It reimburses clients for losses caused by lawyer theft or misappropriation Correct answer.
  2. It covers the costs of disciplinary prosecutions
  3. It pays malpractice judgments against Florida lawyers
  4. It funds court-appointed counsel for indigent defendants

Explanation

The Client Security Fund reimburses clients who suffer a loss of money or property because of dishonest conduct by a Florida Bar member, subject to eligibility limits and caps.

Question 18Florida Law Component

Under Florida law, a minor who is at least sixteen years old and is charged with a felony may be treated as an adult in which circumstance?

  1. Only if the minor consents to adult prosecution
  2. When the court, after a hearing, determines that adult sanctions are appropriate Correct answer.
  3. Only if the arresting officer requests it
  4. Automatically, because all felony charges are direct-filed

Explanation

Florida's juvenile transfer provisions permit adult prosecution of certain felonies charged against minors of specified ages, but the decision generally requires a hearing and a judicial determination that adult sanctions are appropriate.

Question 19Florida Law Component

In Florida, what is the primary purpose of the Bert J. Harris, Jr., Private Property Rights Protection Act?

  1. To establish zoning standards for local governments
  2. To require disclosure of property defects
  3. To authorize eminent domain for private development
  4. To compensate owners when government action inordinately burdens real property Correct answer.

Explanation

The Harris Act provides a statutory remedy for a property owner whose real property is inordinately burdened by government action, allowing a claim for relief that may include compensation.

Question 20Florida Law Component

Under the Florida Rules of Criminal Procedure, a defendant's motion to suppress evidence must generally be filed:

  1. In the appellate court after conviction
  2. At any time before the jury is sworn
  3. Before trial, within the time set by the rule, or the objection may be waived Correct answer.
  4. Only after the state rests its case

Explanation

Suppression motions must be raised before trial within the time prescribed by the rules, and failure to do so generally waives the objection absent good cause.

Question 21Florida Law Component

A Florida attorney who has been suspended from practice for ninety days must do which of the following before resuming practice?

  1. Only notify clients of the suspension
  2. Petition for reinstatement and demonstrate compliance with the suspension order Correct answer.
  3. Pay a fine to the Bar and reopen the office
  4. Wait out the suspension and resume automatically

Explanation

A suspended lawyer must comply with the terms of the suspension order and, depending on the length of suspension, petition for reinstatement and demonstrate fitness and compliance before resuming practice.

Question 22Florida Law Component

Under Florida's Wrongful Death Act, who may bring the action?

  1. Any relative of the decedent
  2. The state attorney for the decedent's county
  3. The personal representative of the decedent's estate Correct answer.
  4. The surviving spouse only

Explanation

The Florida Wrongful Death Act provides that the action is brought by the personal representative of the decedent's estate for the benefit of the statutory survivors.

Question 23Florida Law Component

In Florida, what is required for a valid inter vivos gift of personal property?

  1. A written instrument signed by the donor in all cases
  2. Consideration flowing from the donee to the donor
  3. Recording the transfer in the public records
  4. Delivery with present intent to transfer ownership Correct answer.

Explanation

A valid inter vivos gift requires present donative intent, delivery of the property, and acceptance by the donee; consideration is not required.

Question 24Florida Law Component

In a Florida negligence action, a plaintiff who is partially at fault may recover damages reduced by the plaintiff's percentage of fault, provided the plaintiff's fault is:

  1. Not greater than the fault of the defendants
  2. Any amount, because Florida follows pure comparative fault Correct answer.
  3. Less than the combined fault of all defendants
  4. Zero, because Florida follows contributory negligence

Explanation

Florida applies a modified comparative fault system under which a plaintiff's recovery is reduced by the plaintiff's percentage of fault, but the plaintiff may not recover if found more at fault than the defendants collectively.

Question 25Florida Law Component

Which Florida court has exclusive jurisdiction over a petition for a writ of mandamus directed to a state agency?

  1. The district court of appeal in all cases
  2. The circuit court, which has general original jurisdiction over such writs Correct answer.
  3. The county court in the county where the agency is located
  4. The Florida Supreme Court in all cases

Explanation

Florida circuit courts have original jurisdiction to issue writs of mandamus and other extraordinary writs, subject to appellate review and to the Supreme Court's exclusive jurisdiction over certain state officers.

Question 26Florida Law Component

Under the Florida Rules of Professional Conduct, a lawyer who has been suspended for a period of more than ninety days must do which of the following before resuming the practice of law?

  1. Petition for reinstatement and prove rehabilitation and fitness Correct answer.
  2. File a notice of resumption with The Florida Bar
  3. Obtain a new bar number from the Florida Board of Bar Examiners
  4. Complete ten additional hours of CLE and self-certify compliance

Explanation

A lawyer suspended for more than ninety days is not automatically reinstated; the lawyer must petition for reinstatement and demonstrate rehabilitation, competence, and fitness to practice. The petition is reviewed by a referee and the Supreme Court of Florida.

Question 27Florida Law Component

A Florida homeowner signs a contract with a roofing contractor. The contract includes a clause requiring the homeowner to submit any dispute to binding arbitration. Which statement best describes the enforceability of this clause under Florida law?

  1. The clause is unenforceable unless the homeowner is represented by counsel at the time of signing.
  2. The clause is generally enforceable if it is in writing and the parties agreed to it. Correct answer.
  3. The clause is unenforceable because construction contracts cannot contain arbitration provisions.
  4. The clause is enforceable only if the arbitrator is a licensed Florida attorney.

Explanation

Florida law favors arbitration, and a written agreement to arbitrate disputes is generally enforceable under the Florida Arbitration Code. Neither attorney representation nor the arbitrator's profession is required for enforceability.

Question 28Florida Law Component

A Florida resident dies intestate survived by a spouse and two minor children from the marriage. Under Florida intestate succession, how is the estate distributed?

  1. The spouse receives one-half and the children share the remaining one-half.
  2. The children receive the entire estate, and the spouse receives nothing.
  3. The spouse receives one-third and the children share the remaining two-thirds.
  4. The spouse receives the entire estate. Correct answer.

Explanation

Under Florida's intestate succession statute, if the decedent is survived by a spouse and descendants who are all also descendants of the surviving spouse, the spouse takes the entire intestate estate. The children take nothing in that circumstance.

Question 29Florida Law Component

A Florida attorney is hired to draft a will for a client. The attorney, who is also a beneficiary under the will, supervises the will's execution. Under Florida law, what is the effect of the attorney's status as a beneficiary?

  1. The bequest is valid only if the attorney resigns from the representation before the will is executed.
  2. The bequest is void unless the attorney obtains written consent from all other beneficiaries.
  3. The bequest is valid, but the attorney may be subject to disciplinary action for a conflict of interest. Correct answer.
  4. The bequest is void because an attorney cannot be a beneficiary of a client's will.

Explanation

Florida law does not categorically prohibit an attorney from being a beneficiary of a client's will, but the attorney's participation in drafting and supervising execution creates a conflict of interest that may warrant professional discipline. The bequest itself is not automatically void.

Question 30Florida Law Component

In a Florida civil action, a plaintiff serves a request for production of documents on the defendant. The defendant fails to respond within the time allowed and does not object. What is the most likely consequence under the Florida Rules of Civil Procedure?

  1. The court automatically dismisses the defendant's pleadings.
  2. The defendant waives all objections to the request. Correct answer.
  3. The defendant may respond at any time before trial without sanction.
  4. The plaintiff must file a motion to compel before any waiver occurs.

Explanation

Under the Florida Rules of Civil Procedure, a party who fails to serve a timely response to a request for production waives any objection to the request unless the court excuses the failure for good cause. The requesting party may then move to compel production.

Question 31Florida Law Component

A Florida property owner wants to build a dock extending into navigable waters. Which governmental entity is primarily responsible for issuing the required environmental resource permit?

  1. The Florida Department of Environmental Protection Correct answer.
  2. The Florida Public Service Commission
  3. The Florida Department of Transportation
  4. The Florida Fish and Wildlife Conservation Commission

Explanation

The Florida Department of Environmental Protection (DEP) administers the state's environmental resource permitting program, including permits for docks and other structures in navigable waters. Other agencies may comment, but DEP is the primary permitting authority.

Question 32Florida Law Component

A Florida condominium association wants to amend its declaration to prohibit rentals of less than thirty days. What vote is generally required under the Florida Condominium Act?

  1. A simple majority of the owners present at a meeting
  2. A majority of the board of directors
  3. Two-thirds of the total voting interests Correct answer.
  4. A unanimous vote of all unit owners

Explanation

Under the Florida Condominium Act, amendments to the declaration generally require approval by two-thirds of the total voting interests, unless the declaration provides otherwise. Board approval alone is insufficient.

Question 33Florida Law Component

In Florida, a person who is arrested for a misdemeanor must generally be brought before a magistrate within what time period?

  1. Within 24 hours Correct answer.
  2. Within 7 days
  3. Within 72 hours
  4. Within 48 hours

Explanation

Florida Rule of Criminal Procedure 3.130 requires that a person arrested be taken before a magistrate without unnecessary delay, and in any event within 24 hours of arrest. This protects the arrestee's right to a prompt probable cause determination.

Question 34Florida Law Component

A Florida lawyer is representing a client in a personal injury case. The lawyer learns that the client intends to testify falsely about the extent of the injuries. What is the lawyer's ethical obligation under the Florida Rules of Professional Conduct?

  1. The lawyer must refuse to offer the false testimony and may seek to withdraw if the client insists. Correct answer.
  2. The lawyer must withdraw from the representation without disclosing the client's intent.
  3. The lawyer must reveal the client's intent to the court immediately.
  4. The lawyer must allow the client to testify but must inform the jury of the lie during closing argument.

Explanation

A lawyer may not knowingly offer false evidence. The lawyer must first attempt to persuade the client not to testify falsely; if the client insists, the lawyer must take reasonable remedial measures, including withdrawal if necessary, but may not disclose confidential information except as permitted by the rules.

Question 35Florida Law Component

Under Florida law, which of the following is required to create a valid express easement over real property?

  1. A written instrument signed by the grantor Correct answer.
  2. Actual use of the easement for at least seven years
  3. Recording the easement in the public records of any county
  4. Payment of consideration to the grantor

Explanation

An express easement is an interest in land and must satisfy the statute of frauds, which requires a written instrument signed by the party granting the easement. Recording and consideration are not essential to validity, though recording affects enforceability against subsequent purchasers.

Question 36Florida Law Component

A Florida limited liability company has two members. One member wants to sell her interest to a third party. Under the Florida Revised Limited Liability Company Act, what is the default rule regarding transfer of a membership interest?

  1. The transferee automatically becomes a member with full voting rights.
  2. The transfer requires the consent of the Florida Department of State.
  3. The transferee receives only the economic rights of the transferor and does not become a member without approval of the other members. Correct answer.
  4. The transfer is void unless approved by the board of directors.

Explanation

Under the Florida Revised LLC Act, a transferee of a membership interest receives only the transferor's economic rights and does not become a member or obtain voting rights unless admitted by the members as provided in the operating agreement or statute. This default protects the existing members' control.

Question 37Florida Law Component

A Florida driver is arrested for DUI. The driver refuses to submit to a breath test. Under Florida's implied consent law, what is the consequence of a first refusal?

  1. The driver's license is suspended for one year. Correct answer.
  2. The driver's license is suspended for six months.
  3. The driver must install an ignition interlock device for two years.
  4. The driver is automatically convicted of DUI.

Explanation

Under Florida's implied consent law, a first refusal to submit to a lawful breath, blood, or urine test results in a one-year administrative suspension of the driver's license. Subsequent refusals carry an eighteen-month suspension.

Question 38Florida Law Component

A Florida homeowner's property is damaged by a neighboring landowner's excavation that causes the homeowner's lateral support to fail. Under Florida law, what must the homeowner prove to recover damages?

  1. That the homeowner had owned the land for at least five years
  2. That the land would have collapsed under its own weight Correct answer.
  3. That the neighbor intended to cause the damage
  4. That the neighbor was negligent in conducting the excavation

Explanation

For loss of lateral support, a landowner may recover without proof of negligence if the land would have collapsed under its own weight due to the excavation. If the land would not have collapsed without the weight of buildings, the plaintiff must show negligence.

Question 39Florida Law Component

In Florida, a party who seeks to enforce a foreign judgment must file the judgment in a Florida court. What is the effect of filing a foreign judgment under the Uniform Enforcement of Foreign Judgments Act?

  1. The judgment is void unless the debtor consents to jurisdiction.
  2. The judgment must be domesticated through a new lawsuit on the debt.
  3. The judgment becomes a lien on the debtor's real property in the county of filing.
  4. The judgment is automatically enforceable as if it were a Florida judgment. Correct answer.

Explanation

Under Florida's Uniform Enforcement of Foreign Judgments Act, filing a foreign judgment with the clerk and an affidavit creates a judgment enforceable as if it were a Florida judgment. The debtor may contest recognition on limited grounds, but no new lawsuit is required.

Question 40Florida Law Component

A Florida attorney is retained by a client to handle a real estate closing. The attorney receives a $5,000 advance retainer. The client terminates the representation before any work is done. Under Florida law, what is the attorney entitled to keep?

  1. The entire $5,000 because the retainer was earned upon receipt
  2. Only the reasonable value of services actually performed, with the remainder refunded Correct answer.
  3. The entire $5,000 because the client breached the contract
  4. Nothing, because the client terminated the representation

Explanation

In Florida, advance retainers are generally considered client funds until earned. If the client terminates the representation, the attorney may keep only the reasonable value of services actually rendered and must refund the unearned portion.

Question 41Florida Law Component

Under Florida's public records law, which of the following is true regarding the right of access to records of a state agency?

  1. The requester must state a legitimate purpose for the request.
  2. The agency must respond within three business days in all cases.
  3. Only Florida residents may inspect public records.
  4. The agency may charge a reasonable fee for copies. Correct answer.

Explanation

Florida's public records law allows agencies to charge a reasonable fee for duplication of records as provided by statute. The right of access is not limited to residents, and the requester generally need not state a purpose.

Question 42Florida Law Component

A Florida contractor is hired to build a house. The contract contains a clause requiring the contractor to indemnify the owner for the owner's own negligence. Under Florida law, what is the effect of this clause?

  1. The clause is enforceable only if the contract is recorded in the public records.
  2. The clause is enforceable only if the owner's negligence is proven by clear and convincing evidence.
  3. The clause is enforceable because parties may allocate risk by contract.
  4. The clause is unenforceable because it purports to indemnify a party for its own negligence. Correct answer.

Explanation

Under Florida law, a contractual provision that indemnifies a party for its own negligence is generally unenforceable as against public policy unless the intent to do so is clear and unequivocal. Florida courts strictly construe such clauses.

Question 43Florida Law Component

In Florida, a person who is at least 18 years old and of sound mind may execute a will. What is the required number of witnesses for a valid will?

  1. Three witnesses
  2. Two witnesses Correct answer.
  3. One witness
  4. No witnesses if the will is notarized

Explanation

Under the Florida Statutes, a will must be signed by the testator and attested by at least two competent witnesses who sign in the presence of the testator and each other. A notary may be used for a self-proving affidavit but does not replace the witnesses.

Question 44Florida Law Component

A Florida employer terminates an employee who filed a workers' compensation claim. The employee sues for retaliatory discharge. What must the employee establish to prevail?

  1. That the employee was a member of a protected class
  2. That the employee's filing of the claim was a substantial motivating factor in the termination Correct answer.
  3. That the employer was motivated solely by the workers' compensation claim
  4. That the employer had a policy of terminating employees who file claims

Explanation

Under Florida's workers' compensation retaliation statute, the employee must show that the filing of the claim was a substantial motivating factor in the employer's decision to terminate. The employer may then avoid liability by showing a legitimate, non-retaliatory reason.

Question 45Florida Law Component

Under the Florida Constitution, which of the following is a requirement for a person to vote in Florida elections?

  1. Being a resident of Florida and a U.S. citizen at least 18 years old Correct answer.
  2. Ownership of real property in the state
  3. Membership in a political party
  4. Payment of a poll tax

Explanation

The Florida Constitution provides that every U.S. citizen who is at least 18 years old and a legal resident of Florida may vote, subject to registration requirements. Property ownership, poll taxes, and party membership are not qualifications.

Question 46Florida Law Component

A Florida homeowner defaults on a mortgage. The lender files a foreclosure action. Under Florida law, what is the borrower's right of redemption?

  1. The borrower may redeem the property only if the lender agrees to accept a deed in lieu.
  2. The borrower may redeem the property at any time before the foreclosure sale by paying the full amount due. Correct answer.
  3. The borrower may redeem the property only within 30 days after the foreclosure sale.
  4. The borrower has no right of redemption after the foreclosure complaint is filed.

Explanation

Florida law grants a mortgagor the right to redeem the property by paying the full debt plus costs and fees at any time before the foreclosure sale. After the sale, the right is extinguished unless a statutory post-sale redemption period applies.

Question 47Florida Law Component

A Florida attorney is asked to represent a client in a matter in which the attorney previously served as a judge. Under the Florida Rules of Professional Conduct, what is the restriction on the attorney's participation?

  1. The attorney may not represent a client in a matter in which the attorney participated personally and substantially as a judge. Correct answer.
  2. The attorney may represent the client after a one-year cooling-off period.
  3. The attorney may represent the client only if the attorney discloses the prior judicial role to the court.
  4. The attorney may represent the client if the opposing party consents.

Explanation

Under Florida Rule of Professional Conduct 4-1.12(a), a lawyer who has served as a judge may not represent anyone in connection with a matter in which the lawyer participated personally and substantially as a judge, unless all parties give informed consent confirmed in writing.

Question 48Florida Law Component

In Florida, a landlord wants to evict a tenant for nonpayment of rent. What notice must the landlord generally provide before filing an eviction action?

  1. A thirty-day notice to vacate
  2. A seven-day notice to cure or quit
  3. A three-day notice to pay rent or vacate Correct answer.
  4. A fifteen-day notice of termination

Explanation

Under Florida Statutes section 83.56, for nonpayment of rent, the landlord must serve a written notice allowing the tenant three days (excluding weekends and legal holidays) to pay the rent or vacate the premises before filing an eviction action.

Question 49Florida Law Component

A Florida corporation's board of directors approves a merger. Under the Florida Business Corporation Act, what vote of shareholders is generally required to approve the merger?

  1. Two-thirds of the outstanding shares entitled to vote
  2. A majority of the outstanding shares entitled to vote Correct answer.
  3. A majority of the shares represented at a meeting
  4. A unanimous vote of all shareholders

Explanation

Under the Florida Business Corporation Act, a merger generally requires approval by a majority of the outstanding shares entitled to vote, unless the articles of incorporation require a greater vote. Board approval alone is insufficient.

Question 50Florida Law Component

A Florida homeowner is sued by a neighbor for nuisance. The neighbor alleges that the homeowner's barking dogs interfere with the neighbor's use and enjoyment of their property. What must the neighbor prove to establish a private nuisance?

  1. The homeowner's conduct is illegal
  2. The neighbor suffered physical injury
  3. The homeowner intended to annoy the neighbor
  4. The interference is substantial and unreasonable Correct answer.

Explanation

A private nuisance claim requires proof of a substantial and unreasonable interference with the plaintiff's use and enjoyment of land. Intent to annoy is not required, and the conduct need not be illegal.