FL RULE STATEMENTS Flashcards

Question

Charter Counties

Answer 1

Chartered county has **all powers** that aren't inconsistent with general and special laws or the FL and US Constitution

Answer 2

Not very powerful. May enact ordinances as provided by general or special law. I/e/ only **enumerated powers**

Answer 3

Established by legislative acts. Have **home rule** powers -- can govern themselves by ordinances. Municipality is a creature of the state while county is a political subdivision of the state. **Limits on Powers** State preemption Forbidden by City or County Charter County Preemption (for regulatory matters, need supremacy statement)

Answer 4

Mere regulation or exercise of the state's police powers does not constitute a taking but may give rise to a statutory action for damages for property that is inordinately burdened.

Answer 5

State has waived and suits may be brought against state/local govts. Damages capped at $200k per person and $300k per incident. **Planning vs Operational** May be liable for *operational* decisions but NOT *planning* decisions

Answer 6

2/3 super majority

Answer 7

Assessed based on value of property Only *local governments* may levy on real estate or tangible person property (other than boats, airplanes, motor homes) Counties, municipalities, school districts, and special districts have authority to tax real/personal prop -- **each level** may so there may be multiple taxes. $10 mil cap

Answer 8

District that is a geographically defined unit that performs a specific function. Established by referendum and voters agree to tax themselves for special services.

Answer 9

District that is a geographically defined unit that performs a specific function. Established by referendum and voters agree to tax themselves for special services.

Answer 10

State must **balance its budget** and raise **revenue** to pay operating expenses. Can borrow by issuing bonds. ***Requirements for all Bonds*** - Public purpose - Pay for capital project - Incidental private benefit permissible - Validation (court must make sure properly issued)

Answer 11

Pledge the **full faith and credit** of the government and paid through taxes. State govt may issued but most must be approved by **electors** Local governments can issue -- referendum **required** if bonds **mature** more than 12 months after issuance - no referendum needed for local revenue bonds (paid with money it already has/from underlying project)

Answer 12

Paid off using **revenue from underlying project** **No referendum** required b/c paid back from sources other than taxes.

Answer 13

DP Cases Bond Validation proceedings Statewide Utility Rate Decisions Decisions by Dist Ct of Appeal declaring statutes or constitutional provisions invalid

Answer 14

Decisions affecting **officers** of state Conflicting decisions btwn Dist Ct of App Decisions from Dist Ct of App on **validity** of state statute or constitutional provisions Decisions Dist Ct of App certified as issue of **great importance** **Bypass** certs **Federal Certifications**

Answer 15

Final orders and judgments (except those directly appealed to Sup Ct or Circuit Ct) Final orders of state agencies (except those relating to utility rates or services) and Appeals of certain nonfinal orders and administrative actions

Answer 16

Review final orders of circuit courts acting in their appellate capacity Nonfinal orders from circuit courts that depart from requirements of law & no appeal provided Nonfinal orders of state agencies if review of the final order would not provide adequate remedy Common law writs

Answer 17

Proposal by **legislature** Proposal by **revision commission** Proposal by **constitutional convention** Proposal by **initiative** (signature req, single subject, economic impact statement, accurately rep on ballot) Proposal by **taxation & budget reform commission**

Answer 18

Activity must create **foreseeable risk of serious harm even when reasonable care is exercised** by all actors Activity is **not matter of common usage** *Remember* reasonable care will **NOT** relieve D of liability in strict liability

Answer 19

- D is a merchant (**commercial supplier**) - Product is **defective** - Product was not **substantially altered** - P was making **foreseeable use** *Remember any foreseeable P can sue, do not need K privity*

Answer 20

Emerges **different** from and **more dangerous** than the products _made properly_ P must show it *failed to perform as safely as ordinary consumer would expect*

Answer 21

All products of a line are same but have **dangerous propensities** Test - same as manufacturing, "*design is defective if it was dangerous beyond the expectation of ordinary consumer*

Answer 22

All products of a line are same but have **dangerous propensities** Test - same as manufacturing, "*design is defective if it was dangerous beyond the expectation of ordinary consumer*

Answer 23

If the product does not comply with government safety standards. And vice versa

Answer 24

May be defective as a result of the failure to give **adequate warning** or instructions as to risks Disclaimers ineffective in strict liability

Answer 25

Refers to whether the goods are of **average and acceptable** quality and are generally **fit for the ordinary purpose** for which the goods are used *Most Courts* no longer require vertical privity - buyer, family, household, and guests can sue

Answer 26

Seller **knows or has reason to know** the particular purpose for which the goods are required and that the buyer is **relying on the seller's skill and judgment** in selecting the goods

Answer 27

Assumption of risk Contributory negligence Failure to give notice of breach is defense under UCC

Answer 28

**Substantial, unreasonable interference** with another private individual's **use or enjoyment** of property that the other individual actually possesses or has right of immediate possessions Offensive, inconvenient, or annoying to the average person in the community Severity of inflicted injury must outweigh utlity in Ds conduct

Answer 29

Act that unreasonably interferes with the health, safety, or property rights **of the community**

Answer 30

Owner who consents to use of their car **by another person** is liable for negligent damage done by the car If loan or lease out (and dont normally do that) damages limited.

Answer 31

Person who enters without permission and physical presence was detected within 24 hrs preceding accident. Landowner must refrain from **gross negligence or intentional misconduct** that proximately causes injury, and must **warn of dangerous** conditions known but not readily observable. If trespasser under influence, no duty to warn but liable for gross/intentional conduct

Answer 32

Treated like discovered trapassers

Answer 33

i/e/ social guests. Treated like **invitees**

Answer 34

Enter for purpose **connected with the business** or as **members of public** Landowner owes duty regarding hazardous conditions that are - Concealed - Known to the land possessor in advance or **could have been discovered** by reasonable inspection FL requires also keep business free from transitory foreign objects or substances that might **foreseeably give rise** to injury _Constructive Knowledge_ - existed for such a length of time, that in the exercise of ordinary care, business establishment should have known of the condition or - condition occurred with regularity and was therefore foreseeable

Answer 35

Exercise **ordinary care** to avoid *reasonably foreseeable* risk of harm to children caused by artificial dangerous condition on property. - owner should be aware of - owner knowns or should know children might trespass - condition is likely to cause injury (children cannot appreciate risk) - expense of remedying is slight *FL requires P to have been lured onto premises by the dangerous condition*

Answer 36

Treated as invitee in FL

Answer 37

A person not engaged in criminal activity and who is attacked in any place where they **have a right to be** has no duty to retreat and has the right to **use or threaten to use** force, including deadly, if they *reasonably believe* it is necessary to *prevent death or great bodily harm* to themselves or another or prevent commission of forcible felony _Presumed to have reasonable fear of death or great bodily harm when_ 1. person against who force was used unlawfully entered dwelling, residence, or vehicle or was in the process of doing so and 2. person who uses or threatens to use defensive force knew or had reason to believe that an unlawful and forcible entry or act had occurred or was occurring

Answer 38

- Act by the D amounting to **extreme and outrageous** conduct - P suffers severe **emotional distress** Outrageous if transcends all bounds of decency Can become outrageous if : Done by common carriers, inkeepers or against certain type of P (children, elderly) *only intentional tort that requires damages*

Answer 39

Ds conduct directed at 3rd perosn P suffers severed ED b/c of it Can recover by showing either: Prima facie elements of emotional distress OR that - they were **present when injury occurred** - distress resulted in bodily harm or P is close relative of the 3rd person and - D knew of these facts

Answer 40

Bystander outside the *zone of danger* who sees D negligently injuring another can recover as long as - P and person injured **closely related** - P was **present at scene** and **personally observed or perceived** FL requires P must suffer demonstrable physical injury directly related to psychological trauma If P is *involved* in injury causing event, can recover even for P arriving on the scene immediately after rather than being present

Answer 41

Duty to avoid **negligent infliction of ED** may be breached when D creates foreseeable risk of physical injury to P - P is w/n zone of danger - P must suffer physical symptoms FL does **not require** physical symptoms if P establishes physical impact, *however slight* that causes distress

Answer 42

Consent Protective Privileges Necessity

Answer 43

1. Act by D 2. with the intent to place P in **reasonable apprehension** of **harmful/offensive** contact 3. which does place P in *reasonable apprehension* - P need not be in actual fear - Usually words wont suffice, need volitional act - Apparent ability to inflict the contact is all that is needed - transferred intent

Answer 44

1. Act by the D that brings about **harmful and offensive** contact 2. With the intent to inflict a harmful/offensive contact **to the Ps person** and 3. Causation - D **need not intend** injury, just intent to do the act that brings about **harmful/offensive** contact - Liable when **directly causing** or settling a force in motion that **brings about** the harmful or offensive contact

Answer 45

- Act or omission by the D that confines or restrains the P - P must be confined to bounded area

Answer 46

- Physical Invasion - Of P's real property D need intend only to enter, not know that its someone else's land Damages not required

Answer 47

Act by the D that interferes with Ps right of possession in chattel Invasion may be intermeddling (damaging) or dispossession (depriving the P of their lawful right of possession) Intent to trespass isn't required - intend to do that act is all that is needed Actual damages required

Answer 48

- Act by D that **interferes with Ps** right of possession in chattel - Interference is serious enough in nature or consequences to warrant that D pay the chattel's **full value** Mistake as to ownership is no defense - intent to do the act is all that is required

Answer 49

The hiring party generally will **not** be liable for independent contractors. *Exceptions*: - duty is nondelegable due to public policy i/e/ keep business safe for customers

Answer 50

**FL Imposes Liability when** - one who willfully/unlawfully sells or furnishes alcohol to a minor & damages/injury - one who knowingly serves a person **habitually addicted** to use of alcohol may become liable for injury or damages resulting from intoxication and - a proprietor may be liable if they know or should have known of the likelihood of injuries to patrons caused by disorderly conduct of 3rd parties in general and **fail to do anything about it**

Answer 51

- settlor - trustee - **specific** trust property - definite Bs - present **intent** to create a trust - **valid** purpose

Answer 52

If settlor promises **gratuitously** to create in the future, a trust arises only if, at that time, the settlor **manifests their intention** anew. If supported by **consideration** trust can arise in future, when property is acquired, w/o further manifestation.

Answer 53

Depositor declares himself trustee of the account for a person to receive the money at depositor's death Revocable during life by any manifestations to revoke - withdrawal of funds (to that amount withdrawn) - any lifetime act manifesting intent to revoke - specific, contradictory **provision in will**

Answer 54

Will makes a gift **absolute on its face** but was made in reliance on Bs promise to hold property in trust for **another** - the intended B must present extrinsic evidence of promise Proven by **clear and convincing** evidence -- constructive trust imposed

Answer 55

The will **makes a gift** but fails to name the B Gift fails and named trustee holds on a **resulting trust** for the testator's heirs

Answer 56

- may be **perpetual** - must be for charitable purpose - must have **indefinite Bs** - cy pres doctrine applies - suit to enforce can be brought by *settlor, qualified B, or atty general*

Answer 57

FL departs from common law, allowing a settlor to **empower** the trustee to select Bs from **an indefinite class**, such as "friends"

Answer 58

- may be **perpetual** - must be for charitable purpose - must have **indefinite Bs** - cy pres doctrine applies - suit to enforce can be brought by *settlor, qualified B, or atty general*

Answer 59

Established for the benefits of pets or for the keeping up of graves. Enfroceable by someone named in the trust instrument or appointed by court. Cannot last more than 21 years

Answer 60

One which B is unable to voluntarily/involuntarily transfer. Creditors are precluded from reaching interest until income has been paid to B. **Can't be used for** shielding claims from (1) support, alimony, and services provided to protect Bs interest or (2) claims by the government

Answer 61

**Duty of Loyalty** - no self dealing -- If violated, the transaction is **voidable** by Bs affected unless (1) court or terms of trust approved it (2) B failed to bring suit in time (3) B gave consent, ratified, or released (4) involves K or claim arising before T become T (5) settlor gave their written consent while trust was revocable **Duty to Invest** -- prudent investor rule, must adhere to standards of **reasonable care, skill, and caution** **Duty to Preserve Trust Property** - make it productive **Duty to Account and Affirm** **Duty to Keep Prop Separate and Keep Records** -- no commingling **Duty to Perform Personally**

Answer 62

Interest, rents, and dividends on stock paid in cash are all income, and 10% of any mineral royalty or annuity. Proceeds from sale of trust assets, stock splits, and dividends paid on stock are principal.

Answer 63

Income = 50% of comp of trustee, 50% of expenses for accountings, judicial proceedings, ordinary expenses, insurance premiums covering loss of asset Principal = 50% of comp of trustee, 50% of expenses for accountings, judicial proceedings, payments on the principal of trust debt, estate taxes, disbursements related to environmental matters

Answer 64

Can do it acting alone if 1. instrument doesn't state its irrevocable and 2. settlor substantially complies with all provisions pertaining to form proposed action must take

Answer 65

Generally, court can modify or terminate if to do so **is not inconsistent** with the settlor's intent OR is in the best interests of the Bs Court must **exercise discretion** and make modifications that conform to settlor's intent as best as possible Does NOT apply if interests must vest/terminate w/n 21 years of life being or 90 days after creation and trust **prohibits** judicial modification

Answer 66

Court can reform if a mistake is shown by **clear and convincing evidence**

Answer 67

After settlor's death, T and qualified Bs may, by **unanimous agreement**, modify the terms of an **irrevocable trust** Even if there is a *spendthrift provision or clause that prohibits amendment/revocation* BUT NOT if all interests must vest/terminate no later than 21 yrs after death of life in being or w/n 90 years after creation UNLESS **expressly permitted**

Answer 68

If settlor is dead, trust may be terminated upon **consent of all Bs** only if termination would **not interfere** with a material purpose

Answer 69

A power of appointment is the authority created in a person (**donee**) to designate, within limits provided by creator of power (**donor**), the persons who will take certain property and the manner in which they will take. ***General Power of Appointment*** - exercisable in favor of the donee herself, her estate, her creditors, or the creditors of her estate. ***Special power of Appointment*** - one that is exercisable in favor of a specified class of persons that does not include the donee, her estate, her creditors, or the creditors of her estate.

Answer 70

Donee's creditors can reach property subject to a presently exercisable general power. Cannot reach subject to postponed or testamentary general power unless donee is also the donor

Answer 71

Exclusive and Nonexclusive. Exclusive if it only applies to some objects and not others or unequal shares. Not exclusvie if it must be exercised in favor of all of the appointees. Presumed to be exclusive unless donor expressly provides otherwise.

Answer 72

Donee's creditors cannot reach property subject to a special power. Even if the donee is also the donor, unless the transfer was in fraud.

Answer 73

1. Satisfy FL Statute 2. Satsify the Constitution

Answer 74

1. presence 2. domiciled in FL (general) 3. incorporated in FL (General) 4. substantial and not isolated acitivity (general) 5. long arm statute (specific) --- operating business, owning/using/possessing land, tort committed in FL, action causing injury in FL (D engaged in solicitation OR products used in FL in ordinary commerce)

Answer 75

Does D have such minimum contacts with the forum state so that the exercise of jdx does not offend traditional notions of fair play & substantial justice.

Answer 76

1. probate & estate 2. juvenile offenses (except traffic) 3. title or boundaries to land 4. ejectment cases except LL evicting T 5. equity exceeding $50k 6. suits @ law > $50k 7. all felonies or misdemeanor with felony 8. divorce

Answer 77

1. actions @ law < $50k 2. equity cases < $50k (not exclusive) 3. HOA disputes 4. LL evicting T --> if > $50k, either county or circuit

Answer 78

**IF D resides in FL** The County where: - Where the D resides when case filed or - Where the COA accrued or - Where the property in lit sits **D doesn't reside in FL** Venue in any county If multiple Ds, and one lives in FL, proper to the FL D

Answer 79

- **Venue originally improper** --- will transfer if P pays court costs in 30 days. If more than one county, P chooses one. - **Venue originally ok** 1. Party will not receive fair trial (opponent has UI, moving party so odious, impractical to get qualified jury)(must file petition and aff of 2 verified witnesses) 2. convenience of the parties or witnesses & interest of justice show another court is center of gravity * movant pays transfer costs

Answer 80

**Mechanics:** by sheriff or appointee, or non-party appointed by court **Person making:** notes date, time, ID #, and initials the process (filing is prima facie evidence service was made) - if by civilian - affidavit - if by officer - does not need to be aff

Answer 81

1. personal 2. substituted 3. service on corps 4. long arm statute 5. service on non-resident who has office or done business in FL 6. non-resident motorist act 7. publication service 8. service on minors or incompetents

Answer 82

substituted - ok if: - Ds usual place of abode - left w/ someone at least 15 who resides there and - server tells person contents of doc - can serve spouse if case not btwn them and spouse requests or they reside together - nail & mail - only **dispossessory actions** (LL failed twice, at least 6 hrs apart, to effect personal or substituted)

Answer 83

Service on corps - descending order rule - pres, vp, other head, cashier, treasurer, sec, GM, director, officer or business agent, - registered agent - if none, any ee @ PBB

Answer 84

long arm statute - serve out of state D in any method allowed by FL made by any officer in other state auth'd to

Answer 85

service on non-resident who has office or done business in FL - registered agent - secretary of state and have D personally served by proper officer or registered certified mail

Answer 86

non-resident motorist act - secretary of state

Answer 87

publication service - P must give sworn statement D cannot be found after diligent search, must state whether Ds residence known or unknown, copy of the published notice mailed by clerk to last known add

Answer 88

1. if legal guardian of minor - them - or appoint GAL 2. if incompetent has no legal guardian - person who has custody and ask for GAL

Answer 89

Name of Court, case #, name of parties, atty contact info, atty bar # and email, designation of pleading, each claim or defense separately stated, # paragraphs

Answer 90

Prevailing party can recover atty fees if the losing party raised a claim or defense that was not supported by fact or law - paid 50/50 by client & atty Lawyer NOT liable if acted in GF on what client told

Answer 91

Grounds for SMJ Short and Plain statement of ultimate facts showing entitled to relief Demand for judgment Must file civil cover sheet, proceeding stayed until filed

Answer 92

must repsond w/n 20 days by motion or answer

Answer 93

**numerosity** - too many class members for practicable joinder , **commonality** - some issue in common to all members **typicality88 - class rep's claims typical to the class **adequate representation** - class rep will fairly and adequately represent the class Types: Type 1 (prejudice) - class treatment necessary to avoid harm Type 2 (injunctive or declaratory relief) - seeks this remedy because D treated class members alike Type 3 (common ? or damages) - (1) common questions must predominate over individual and (2) class action is the superior method to handle

Answer 94

P fails to prosecute - no record action for 10 months - court may certify the fact If P takes no action w/n 60 days, make motion for involuntary dis Court wont dismiss if P shows GC at least 5 days before hearing

Answer 95

essentially order to show cause or court will enter particular order

Answer 96

order to show cause why matter of record should not be vacated or dormant judgment revived

Answer 97

May convene this on reasonable notice

Answer 98

court may (and must if requested) hold this 20 days more

Answer 99

1st Conf - w/n 60 days **Mediation:** Mediation completed in 45 days -- discovery can continue -- mediator reports to ct if can't settle **Arbitration:** Completed w/n 30 days Non-binding - Request trial de novo w/n 20 days of arbitrators findings Binding - can be apealed to circut ct w/n 30 days, if not = final

Answer 100

Reversion in grantor or remainder in 3rd party

Answer 101

Possibility of reverter

Answer 102

**Issues of Form:** motion for more def statement, motion to strike **Major defenses:** (1) lack of SMJ, (2) lack of PJ, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service, (6) failure to state COA which relief can be granted, (7) failure to join indispensable party ^^ Can be raised in either mot or ans ^^ 2, 3, 4, 5 waivable

Answer 103

- answered under oath w/n 30 days of service - 45 days if served w/ complaint * limited to 30

Answer 104

Generally, only when the parties have a **common interest** in the subject matter BUT spouses, parents and kid may join in tort cases

Answer 105

No later than 20 days after service if no motions If motions made & denied - 10 days after denial **Exception:** motion to strike does not extend

Answer 106

- to take before case filed or - p wants take < 30 days after serving complaint unless -- notice states person about to leave state and -- wont be available after the 30 or -- D has already taken depo

Answer 107

right to re-enter

Answer 108

IN discretion of court

Answer 109

shifting executory interest to 3rd party

Answer 110

TTIP - time, title, interest (equal) & possession

Answer 111

Duty to **reasonably inspect** the premises and maintain residential premises Must - comply w/ housing & building & health codes or - where there are none, maintain roofs, windows, screens, etc LL has no duty to repair except plumbing in residence

Answer 112

PING Prescription Implication Necessity Grant

Answer 113

WITHN Writing Intent Touch and Concern Horizontal & Vertical Privity Notice

Answer 114

WITV Writing Intent Touch and Concern Vertical Privity

Answer 115

Space Cadets Engine Quit While Flying **Seisin** - grantor owns/possesses prop **Rights to Convey** - grantor has auth to convey title **Encumbrances**(against) - no undisclosed encumbrances on title (physical or recorded) **Warranty** - if a 3rd party establishes superior claim of title; grantor will compensate for loss **Further assurances** - catch all where grantor promises to take any acts reasonably necessary to pass title to grantee

Answer 116

T must be older than 18 The will must be in writing T must sign the will At the end of the will In the presence of 2 witnesses And witnesses must sign in presence of each other and T

Answer 117

Will invalid

Answer 118

Oath of any attesting witness before judge or court clerk

Answer 119

To overcome the presumption that T revoked, need testimony of 2 **disinterested witnesses* or 1 disinterested and **a photo or carbon copy**

Answer 120

If there was a K to make or not revoke a will and that K is breached, the 2nd will is probated, and a constructive trust is imposed for the Bs of the K

Answer 121

Document needs to be 1. in existence at execution 2. sufficiently described in the will to permit ID and 3. will manifests intent to incorporate **Exception** List disposing of items of tangible personal prop - signed by T - describe items and devisees w/ reasonable cert - may be prepared before or after execution - may be altered by the T after initial prep

Answer 122

Devise - gift of *8real prop** Bequest - gift of **personal prop** Legacy - gift of **personal prop in will** (usually money( and recipient called legatee

Answer 123

1. property passing by intestacy 2. residuary devises and bequests 3. property not specifically or demonstratively devised 4. specific and demonstrative gifts

Answer 124

If specifically bequeathed prop is not in T's estate at death, the bequest is adeemed and B takes nothing Adeption ONLY APPLIES to specific devises and bequests

Answer 125

Courts will construe a bequest of securities as a general legacy, if possible to do so, in order to avoid application of the ademption doctrine Depends on whether T said "MY 200 shares" or "200 shares"

Answer 126

Barred if 1. B gives **written waiver** of right to disclaim 2. B accepts the property 3. B voluntarily **assigns, transfers, or encumbers** 4. property sold pursuant to judicial process 5. B is **insolvent**

Answer 127

If SP adopts after death of P, the child inherits from SP, living P, and deceased P's family If SP adopts during the biological Ps life, child inherits from SP, and remarried parent only

Answer 128

Gift made to a next of kin w/ intent it be **applied against** any share inherited from estate No gift is considered advancement **unless** intention declared in contemporaneous writing by decedent or acknowledged in writing as such by heir

Answer 129

SS or if none, decedent's children are entitled up to $20k of household furnishings, two cars used as family vehicles, and all tuition programs, **in addition to** amounts otherwise passing to them

Answer 130

Purpose of family allowance is to provide support during admin. In addition to amount passing by will, intestacy, elective share, or homestead. Up to $18k to SS and lineal heirs who were receiving or owed support by decedent. Must be petitioned for

Answer 131

Gives SS the election to take statutory share of estate intead of under decedent's will. 30% of decedent's elective estate **in addition to** spouse's right to exempt prop,f amily allowance, and homestead.

Answer 132

- decedent's interest in property hel w/ right of survivorship or by entirety, or interest POD - property in revocable trusts created by decedent - property in irrevocable trust created by decedent if trustee can make distributions to decedent - gifts in > of $15k made w/n a year of death - decedent's interest in prop that constitutes homestead - net cash surrender value of decedent's life insurance - death benefits from pension After calculated, reduce by value of any prop passing to SS by will, right of survivorship, as B of securities or bank accounts titled in TOD or POD, as B of life insurance, or B of an elective share trust

Answer 133

In writing signed by both parties voluntarily entered into fair and not unconscionable can cover spousal support but **may not** adversely affect child support or determine custody

Answer 134

1. extraordinary medical or education costs 2. seasonal variations in income 3. childs age warrants deviation 4. special shared parental arrangements 5. total assets of parents and child justify lower amount 6. IRS dependency exception

Answer 135

BLUE RIBBON DIVORCE PARTY **BRIDGE THE GAP** - assists w/ legit and identifiable short term needs, cannot exceed 2 years, terminates on death of either party, may not be modified **REHABILITATIVE** - assist in obtaining education or training, must be specified and definite rehabilitative plan, may be *modified or terminated* on showing of substantial change in circusmtances **DURATIONAL**identifiable - provide w/ economic assistance for set period following short or moderate marriage when permanent alimony is not available, may be *modified or terminated* if there has been substantial change **PERMANENT** - FL no longer recognizes. but was to provide for needs and necessities of spouse who lacks financial ability to be self sustaining -- court must find no other alimony is proper

Answer 136

SAD FRET ME standard of living age and emotional and physical condition duration of marraige financial resources and sources of income responsibilities each will have w/ regard to kids earning capacities tax treatment and consequences to each alimony award any factors to foster equity

Answer 137

1. contributions to marraige 2. contribution to kid care and education 3. services of homemaker 4. economic circusmtances 5. duration of marraige 6. each spouse's career and education sacrifices 7. desirability of retaining any asset free from claim and hostile interference of other spouse

Answer 138

1. parents ability to provide **stable home environment** 2. child's preference, even though **no age** at while child has abolsute choice 3. each parent's willingness **to allow** timesharing and to **encourage** ongoing relation w/ other parent

Answer 139

on a showing of **substantial, material, and unanticipated change** of circumstances affecting kids welafre

Answer 140

**purpose** - provide one court with continuing jdx over a kid to protect the interests of the kid Jdx **usually lies** with the state with the **closest connection** to the kid _Home state rule_ -- court has jdx if 1. child's home state OR 2. was child's home state w/n past 6 months and the child is absent from the state, but the parent or person acting as parent continues to live ins tate *Exception* Doesn't apply and state has jdx to enter/modify child custody or visitation if 1. no other state has home state jdx 2. child and at least one parent have a sig connection w/ state and 3. substantial evidence is available in the state concerning kids care, protection, training, and personal relations

Answer 141

FL courts **emphasize that** both parents have shared responsibility *regardless of timesharing schedule*

Answer 142

1. minor conceived/born when man was married to mother 2. minor is his child by adoption 3. minor is determined by the court to be his 4. he has filed an aff of paternity 5. he is listed on birth cert before date petition for termination is filed or 6. filed acknowledgement of paternity

Answer 143

When child is more than 6 months old, an unmarried bio father must have complied w/ following req in order for consent to be necessary 1. must have developed a **substantial relation** with child 2. taken some measure of **responsibility** for child and child's future and 3. demonstrated **full commitment to responsibilities** of parenthood by *providing reasonable and regular financial support* in accord w/ his ability (if not prevented from doing so) -- Must have also regularly visited at least monthly, when physically and financially able to do so OR maintained reg communication

Answer 144

She Won Unlimited Free Dunkin Donuts or Bagels Now 1. Signed (by maker or drawer) 2. writing 3. unconditional promise or order to pay 4. fixed amount of money 5. on Demand or Definite time 6. to Order or Bearer 7. not containing any unauthorized undertaking or instruction by person promising or ordering payment

Answer 145

Takes instrument ***for value, in GF, and w/o notice*** that 1. instrument overdue or dishonored 2. instrument contains unauth'd signature or has been altered 3. there is a claim to the instrument or 4. any party has a defense on the instrument (not bear evid of forgery or alteration or be so irregular)

Answer 146

Person who transfers instrument for consideration warrants 1. he is a person entitled to enforce 2. genuineness of signatures 3. instrument includes no materail alternations 4. no defenses are good against transferor 5. he has no knowledge of insolvency proceedings against maker, drawer or acceptor

Answer 147

Person who presents for payment makes three warranties 1. he is entitled to enforce 2. instrument has not been altered 3. he has no knowledge drawer's signature is unauthorized

Answer 148

Lawyer **must not represent** a client if the lawyer's independent and prof judgment may be ***materially limited*** by lawyer's responsibilities to another client _unless_ 1. lawyer **reasonably believes** rep wont be adversely affected and 2. client gives informed consent

Answer 149

Lawyer **must not represent** a client if the lawyer's independent and prof judgment may be ***materially limited*** by lawyer's responsibilities to another client _unless_ 1. lawyer **reasonably believes** rep wont be adversely affected and 2. client gives informed consent

Answer 150

Lawyer who has rep'd a client in matter must not thereafter 1. rep another client in the **same or substantially related** matter in which client's interests are **materially adverse*** to the interests of a former client unless *forme r gives informed consent* or 2. use information relating to representation **to disadvantage** of former client, except when permitted by rules relating to confidentiality of info or when info has become generally known

Answer 151

**Prohibited in** domestic relations matters and criminal cases **Must be in writing** and state: 1. method by which fee is determined, including percentages that accrue to lawyer in event of settlement, trial, or appeal 2. litigation and other expenses to be deducted and 3. whether such expenses are to be deducted before or after the fee is calculated ***Client must receive statement of client's rights***