Everything You Need to Know About The Florida Bar Exam (2024)

Get ready for the 2024 Florida Bar Exam. Learn exam dates, costs, scores, pass rates, results, requirements, subjects, and practice with sample questions
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Florida is one of the few remaining jurisdictions that has not adopted the Uniform Bar Examination (UBE®). While the Florida Bar Examination includes one component of the UBE—Multistate Bar Examination (MBE®)—the remainder of the exam tests both federal and Florida-specific law. As a result, the Florida Bar Exam is considered one of the more difficult bar exams nationwide. Fortunately, this article will prepare you with detailed information on dates, format, subjects, costs, results, and more.

Florida Bar Exam Structure

The Florida Bar Exam consists of essay and multiple choice sections testing general law and Florida law, and the MBE. The exam is broken into four 3-hour sessions administered over two days:

3-hour sessions Day 1 - Part A Day 2 - Part B
Morning 3 Essay Questions 100 MBE questions
Afternoon 100 Florida-specific multiple choice questions 100 MBE questions

Florida Bar Exam Dates, Requirements, and Scheduling

Applications must be postmarked on or before November 15, 2023, for the February exam and May 1, 2024 for the July exam. There are additional fees for late applications (see table). Applications received after January 16, 2024 (February Bar) or June 17, 2024 (July Bar) will not be accepted.

Exam Dates

2024 Florida Bar Exam Dates and Filing Deadlines
Examination
Dates		 February 27-28, 2024
(Tuesday & Wednesday)		 July 30-31 2024
(Tuesday & Wednesday)
Examination
Location		 Tampa Convention Center
333 South Franklin St.
Tampa FL		 Tampa Convention Center
333 South Franklin St.
Tampa FL
Timely Filing
Deadline		 Postmarked on or before
November 15, 2023		 Postmarked on or before
May 1, 2024
$325 Late Fee
Deadline		 Postmarked on or before
December 15, 2023		 Postmarked on or before
June 3, 2024
$625 Late Fee
Deadline		 Received by
January 16, 2024		 Received by
June 17, 2024
Requirements

To sit for the Florida Bar Exam, you must obtain a JD degree from a law school accredited by the American Bar Association (ABA) or be enrolled in such an institution that will result in the awarding of a JD degree.

Scheduling

To apply for the Florida State Bar Exam, create an account on their website, log in, navigate to "Applicant Portal," and continue through the registration process. You can start and stop the application process as needed, but you must complete it within 6 months of creating your account.

Florida Bar Exam Costs and Fees

The fee structure for the Florida Bar Exam has many tiers based on when you began law school or started practicing law. For a full breakdown of all applicable fees, check out the Florida Board of Bar Examiners Application Fee Worksheet.

Application Type Cost
Previously filed a bar application in Florida
(as a law student registrant) 		$600
Filing a bar application in Florida
(for the first time) 		$1,000
Late Filing fee $325
Final Filing fee $625
Laptop Fee $125

You may choose to postpone your exam, in which case you will be subject to the following fees:

  • If the board receives the applicant’s written notice of postponement under Rule 4-45 at least seven days before the commencement of the administration of the postponed examination, the fee is $100.
  • If the board receives the applicant’s written notice of postponement under rule 4-45 prior to but less than seven days before the commencement of the administration of the postponed examination, the fee is $200.
  • If you decide to reapply for the exam (instead of postponing), the reapplication fee is $450.
Payment Policies

The Florida Board of Bar Examiners accepts electronic payment via ACH or eChecks, or checks made payable to the Florida Board of Bar Examiners. Credit card payments are not accepted. Applications are not considered complete without payment, and there are no refunds.

Cost-Saving Options

For cost-saving options, check Stetson University College of Law’s list of scholarships and outside opportunities. In addition, The Central Florida Association for Women Lawyers (CFAWL) offers an annual Bar Study Scholarship. All full- or part-time law students taking the Florida Bar Exam for the first time are eligible.

Florida Bar Exam Subjects and Topics

The FL Bar Exam tests a candidate's legal knowledge, analytical skills, and competence to practice law. It covers a range of subjects, from Constitutional Law and Contracts to Florida-specific law. Candidates will be assessed by their ability to apply legal principles and effectively solve problems to ensure they can competently represent clients and complete entry-level legal tasks.

Testable Subjects on Part A

Part A tests your knowledge of both general law and Florida law. The first segment of part A includes questions on Florida Rules of Civil and Criminal Procedure and the Florida Rules of Judicial Administration. The remaining 5 segments will include no more than 3 of the following topics:

Florida has laws that apply throughout the state (general laws) and laws limited to particular areas, persons, or things (special laws). However, certain subjects require statewide uniformity:

  • Rules of evidence
  • Election laws
  • Punishment for crimes
  • Divorce and adoption laws
  • Assessment or collection of taxes for state or county purposes
  • Laws regarding hunting or fresh-water fishing

Federal Constitutional Law makes up 25 of the 175 scored multiple-choice questions on the MBE and may be tested on the Florida-specific section of the Florida Bar Exam.

When analyzing essay questions about Trusts, ask yourself the following questions: Was a valid trust created? Were other types of trusts created? What are the Trustee’s fiduciary duties? Can a beneficiary access the income of their interest? Can creditors reach the trust? (why or why not?), and What ethical considerations might there be regarding the trust instrument? Additionally, review:

  • types of trusts and the duties of a trustee
  • duty of care
  • duty of loyalty
  • duty to allocate property to principal and income

The standard forms of Business Entities are sole proprietorships, partnerships, corporations, and S corporations. Limited Liability Companies (LLCs) are allowed by state statute. Each state has unique laws regulating Business Entities. For example, Florida has no state income tax for LLCs, but you cannot form a series LLC in Florida.

Visualizing the multiple contingencies, remainders, or grantees of conveyances with diagrams will make understanding their relationships easier. The old legalese might be intimidating for some, but familiarity will make analysis easter. Topics within Real Property include titles, mortgages/security devices, real estate contracts, real property, and right in real property.

Read up on Federal Record Code and how it relates to and differs from Florida’s.

Much of the subject matter centers on the theory of negligence. Ensure that you know how to define unlawful actions appropriately before selecting a response. Ask yourself: Would a sensible person behave in this manner? Other topics include intentional torts, strict liability and product liability, and other torts.

States determine who receives your property if you die without a will (intestate). These laws vary from state to state. The same variance is true for the Administration of Estates. For example, Florida has no estate tax, but individuals are still subject to the federal estate tax.

Criminal Law is an arm of Constitutional Law and governs policies by which authorities investigate, prosecute, and adjudicate crimes. Remember that violating the US Constitution is a federal crime and overrules Florida state laws. However, state laws involve traffic violations, contract breaches, robbery, burglary, theft, arson, etc.

Important subjects for review include:

  • Forming contracts
  • Performance
  • Breach and discharge
  • Defenses to enforceability
  • Contract and content meaning
  • Remedies
  • Third-party rights
The Uniform Commercial Code (UCC) governs all commercial transactions in the US, but it’s not actually federal law. The Florida State Bar Exam tests Articles 3, which deals with negotiable instruments, and Article 9, which deals with secured transactions.

The Florida Supreme Court has stated that Florida family courts should be able to resolve family disputes in the most effective and efficient way possible. Family court jurisdiction in Florida involves many case types, including child support, dissolution of marriage, and annulment. Review the Florida Supreme Court decisions that have been instrumental in shaping family courts in the state.

The Supreme Court of Florida establishes the rules regulating The Florida Bar. Chapter 4 of the Rules Regulating the Florida Bar covers professional conduct, and Chapter 5 covers the regulation of trust accounts.

According to The Florida Bar Professionalism Handbook, “professionalism is the pursuit and practice of the highest ideals and tenets of the legal profession.” Tenants include character, competence, civility, and commitment.

Testable Subjects on Part B

Part B consists of the MBE subjects and topics include Civil Procedure, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property, and Torts.

UWorld MBE Sample Questions

Quality speaks for itself. Try some of our free MBE sample questions below.

Select a Question sample.

Select a Question sample.

A husband and wife were married in State A and lived there for 10 years before separating. One month later, the wife permanently moved to State B and immediately filed for divorce in a federal court in State B. The wife claims that she is entitled to $300,000 in alimony. The husband appeared in the action and has filed a motion to dismiss for lack of subject-matter jurisdiction.

Should the court grant the motion?

  1. No, because the court has diversity jurisdiction over the case.
  2. No, because the husband waived a subject-matter jurisdiction challenge by appearing in the case.
  3. Yes, because state courts have exclusive jurisdiction over this type of action.
  4. Yes, because the wife did not establish a domicile in State B.
Submit Next Question

Explanation:

Federal diversity jurisdiction exceptions

Federal courts cannot exercise diversity jurisdiction over cases involving:

  • probate matters (eg, authenticating wills, administering estates) or
  • domestic relations (eg, issuing divorce, alimony, or child-custody decrees)

A federal court must possess subject-matter jurisdiction to hear the merits of a case before it. Subject-matter jurisdiction can be established through either:

  • federal-question jurisdiction – when a claim arises under the U.S. Constitution, a treaty, or federal law (not seen here) or
  • diversity jurisdiction – when the amount in controversy exceeds $75,000 and the opposing parties are citizens of different states.

Here, diversity jurisdiction is established since the wife claims that she is entitled to $300,000 and the parties are citizens of different states (States A and B). However, federal courts cannot exercise diversity jurisdiction over cases involving probate matters or domestic relations. Instead, state courts have exclusive jurisdiction over these types of actions (Choice A).* Therefore, the husband's motion to dismiss should be granted.

*The probate and domestic-relations exceptions exist because states have a strong interest in these substantive areas and are more qualified to deal with the constant judicial involvement these types of cases require.

(Choice B) A challenge to subject-matter jurisdiction is never waived. However, a challenge to personal jurisdiction is waived if the defendant has voluntarily appeared in the case, unless it was a special appearance for the express purpose of objecting to personal jurisdiction.

(Choice D) An individual is a citizen of the state where he/she is domiciled—ie, physically present with the intent to remain indefinitely. Since the wife permanently moved to State B, she has established her domicile there.

Educational objective:
Federal courts cannot exercise diversity jurisdiction over cases involving probate matters or domestic relations. Instead, state courts have exclusive jurisdiction over these types of cases.

Bluebook Citations :

  • Ankenbrandt v. Richards, 504 U.S. 689, 703–04 (1992) (explaining the domestic-relations exception to diversity jurisdiction).

A congressional committee investigated the pharmaceutical industry and found that the high cost of prescription drugs purchased and sold in the United States negatively impacted the nation's economy and the health of its citizens. In response, Congress passed a statute that regulates "the retail prices of every purchase or sale of prescription drugs in the United States."

A group of pharmaceutical companies challenged the constitutionality of this statute in federal court.

What is the strongest argument in support of the constitutionality of this statute?

  1. Congress may enact statutes for the general welfare.
  2. Congress may regulate the prices of all domestic purchases and sales of goods.
  3. The Constitution grants Congress the power to regulate the interstate transportation of prescription drugs.
  4. The purchases and sales of prescription drugs in the United States substantially impact interstate commerce in the aggregate.
Submit Next Question

Explanation:

Commerce clause challenge

The commerce clause gives Congress broad power to regulate interstate and foreign commerce. This includes:

  • the channels of interstate and foreign commerce (eg, roadways)
  • the instrumentalities of interstate and foreign commerce (eg, vehicles)
  • persons and things moving in interstate or foreign commerce (eg, goods and services) and
  • in-state activities that, singly or in the aggregate, substantially impact interstate or foreign commerce.

Since Congress's commerce power is broad, federal statutes are constitutional if there is any rational basis for concluding that the regulated activity substantially affects interstate or foreign commerce. This can be shown through express congressional findings.

Here, the federal statute regulates the retail prices of prescription drugs in the United States. Congress has the authority to regulate such products' interstate transportation, but this statute also regulates in-state purchases and sales (Choice C). Since the congressional committee found that the high cost of prescription drugs negatively impacted the nation's economy, it is rational to conclude that their aggregated in-state purchases and sales substantially impact interstate commerce. Therefore, this is the strongest argument to support this statute.

(Choice A) The taxing and spending clause empowers Congress to tax and spend for the general welfare. But regulating prices is not equivalent to taxing or spending.

(Choice B) Congress cannot regulate the prices of every domestic purchase and sale of goods since it cannot regulate purely in-state sales that do not substantially affect interstate commerce.

Educational objective:
The commerce clause empowers Congress to regulate (1) channels and instrumentalities of, (2) persons and things moving in, and (3) in-state activities that—singly or in the aggregate—substantially affect interstate or foreign commerce.

Bluebook Citations :

  • Gonzales v. Raich, 545 U.S. 1, 17 (2005) (explaining Congress's broad authority under the commerce clause).

The owner of a new office building contracted with a well-known landscaper to design and install landscaping around the building for $30,000. The agreement was memorialized in writing, was signed by both parties, and called for a budget of $5,000 for trees, shrubs, sod, and materials. The contract required the landscaper to complete the work within six months. Due to an unexpected increase in the price of trees and shrubs, the landscaper abandoned the project and never completed any of the work.

Three years after the landscaper's deadline, the building owner sued the landscaper for breach of contract. In the jurisdiction, the statute of limitations for breach of a services contract is two years after the breach, and the statute of limitations for breach of a sale-of-goods contract is four years.

Can the owner recover damages from the landscaper?

  1. No, because the contract is divisible with respect to the services and goods, and the landscaper's breach is therefore subject to the two-year statute of limitations.
  2. No, because the contract primarily calls for services, and the landscaper's breach is therefore subject to the two-year statute of limitations.
  3. Yes, because the landscaper's breach was a result of an increase in the price of goods, and his breach is therefore subject to the four-year statute of limitations.
  4. Yes, because the landscaper's breach was willful, and he is therefore estopped from denying that his breach is subject to the four-year statute of limitations.
Submit Next Question
Factors for determining contract's predominant purpose

Contracts for the sale of goods are governed by Article 2 of the Uniform Commercial Code (UCC), while contracts for services are governed by common law. However, some contracts involve the sale of goods and the rendering of services. To determine which law applies to a "mixed" or "hybrid" contract, courts ask whether its predominant purpose was the sale of goods or the rendering of services. The following factors are relevant to this determination:

  • The contract's language
  • The nature of the supplier's business (ie, whether it typically provides goods or services)
  • The relative value of the goods and services
  • The nature of the final product (ie, whether it can be described as a good or service)

Here, the building owner contracted to buy goods (eg, trees, shrubs, sod) and services (ie, designing and installing the landscaping). The owner likely hired the well-known landscaper due to his skill in performing landscaping services, and the $5,000 budget for goods was just one-sixth of the $30,000 contract price. Therefore, the contract primarily calls for services and is subject to the jurisdiction's two-year statute of limitations. And since the owner sued three years after the breach, the owner cannot recover damages from the landscaper.

(Choice A) The predominant-purpose test is unnecessary when a contract is divisible—ie, when the payment for goods can easily be separated from the payment for services. But here, the contract is likely indivisible since it combined the sale of the trees, shrubs, and sod with their installation.

(Choices C & D) The predominant-purpose test focuses on the parties' reason for entering the contract—not for breaching it. Therefore, it is irrelevant that the landscaper's breach was (1) a result of an increase in the price of goods or (2) willful.

Educational objective:
Sale-of-goods contracts are governed by the UCC, while services contracts are governed by common law. When a contract calls for the sale of goods AND the rendering of services, the contract's primary purpose determines whether the UCC or common law applies.

Bluebook Citations :

  • Bonebrake v. Cox, 499 F.2d 951, 960 (8th Cir. 1974) (applying the predominant-purpose test to determine which statute of limitations applies to a mixed contract for goods and services).
  • Princess Cruises, Inc. v. Gen. Elec. Co., 143 F.3d 828, 833 (4th Cir. 1998) (listing factors that courts consider when applying the predominant-purpose test).

A man and a woman dated for several weeks. During that time, the man repeatedly asked the woman to have sex. Each time, the woman responded that she would not have sex with the man unless they were married. One evening, the man promised the woman that they would elope the following weekend if she would agree to have sex. The woman agreed and the couple had sex. The following weekend, the man told the woman that he had no intention of eloping and only made that promise to get the woman's consent. The woman reported the man to the police, who later arrested and charged the man with rape.

Is the man guilty of rape?

  1. No, because fraud in factum did not negate the woman's consent.
  2. No, because fraud in the inducement did not negate the woman's consent.
  3. Yes, because the woman's consent was obtained by fraud in factum.
  4. Yes, because the woman's consent was obtained by fraud in the inducement.
Submit Next Question

Explanation:

Consent to sexual intercourse obtained by fraud
Type of fraud Definition Effect
In factum
  • Fraud pertains to nature of act—eg, doctor convinces patient that sexual act is part of medical exam
  • Victim is unaware that he/she is consenting to sexual intercourse
Negates victim's consent
In inducement
  • Fraud pertains to what victim knows is an act of sexual intercourse—eg, defendant promises marriage in exchange for sex
  • Victim is aware that he/she is consenting to sexual intercourse
Does not negate victim's consent

In most modern jurisdictions, rape is defined as sexual intercourse with another without that person's consent.* This means that rape did not occur if the victim consented to sexual intercourse. However, a victim's consent may be ineffective if it was obtained by fraud. There are two types of fraud:

  • Fraud in factum – when consent is obtained by fraud regarding the nature of the act itself, leaving the victim unaware that he/she consented to sexual intercourse and negating the victim's consent
  • Fraud in the inducement – when consent is obtained by fraud regarding what the victim knows is an act of sexual intercourse, which does not negate the victim's consent

As a result, consent obtained by fraud in factum is not a valid defense to rape, but consent obtained by fraud in the inducement is a valid defense.

Here, the man falsely promised the woman that they would elope if she agreed to have sex with him. Since the woman knew that the act to which she consented was sexual intercourse, her consent was obtained by fraud in the inducement (Choices A & C). This type of fraud did not negate the woman's consent, so the man is not guilty of rape (Choice D).

*At common law, rape was defined as (1) unlawful sexual intercourse (2) with a female who is not the defendant's wife (3) against her will by force or threat of force.

Educational objective:
Fraud in factum occurs when the fraud pertains to the nature of the act itself and negates a rape victim's consent. In contrast, fraud in the inducement occurs when fraud is used to gain consent to what the victim knows is an act of sexual intercourse and does not negate the victim's consent.

A plaintiff sued a defendant for negligence to recover damages that the plaintiff suffered as a result of a crash between the two parties. At trial, the plaintiff's attorney called the plaintiff's wife to testify as to what she witnessed on the day of the crash. On cross-examination of the wife, the defendant's lawyer elicited several responses that tended to show that the plaintiff's actions constituted contributory negligence. The plaintiff's attorney seeks to ask the wife several questions on redirect examination, but the defendant's attorney objected.

What is the strongest argument that the court must allow redirect examination of the wife?

  1. The plaintiff's attorney failed to provide all significant information on direct examination.
  2. The plaintiff's attorney seeks to reiterate the necessary elements of the claim.
  3. The plaintiff's attorney seeks to reply to all matters raised on cross-examination.
  4. The plaintiff's attorney seeks to reply to significant new matters raised on cross-examination.
Submit Next Question

Explanation:

Sequence and scope of witness examination

Federal Rule of Evidence 611 gives trial courts the authority to exercise reasonable control over the mode and order of examining witnesses at trial. This includes the discretion to determine whether—and to what extent—redirect examination of witnesses should be permitted. But when a party raises a significant new matter while cross-examining a witness, the court must allow the opposing party to address that matter through redirect examination.

Therefore, the strongest argument for allowing redirect examination of the plaintiff's wife is that the plaintiff's attorney seeks to reply to significant new matters that were raised on cross-examination.

(Choice A) A party is expected to elicit all significant information during direct examination of a witness. Therefore, a court need not permit redirect examination to allow the party to provide information inadvertently omitted on direct examination.

(Choices B & C) Redirect examination is generally limited to significant new matters raised on cross-examination. Therefore, a party is not entitled to redirect examination to (1) reiterate information like the necessary elements of the claim or (2) reply to all matters addressed in cross-examination.

Educational objective:
When a party raises a significant new matter on cross-examination of a witness, the court must allow redirect examination by the opposing party to address that matter.

Bluebook Citations :

  • Fed. R. Evid. 611 (explaining the mode and order of examining witnesses).

Twenty years ago, a man who owned a 20-acre ranch agreed to sell all of his mineral rights to his neighbor. The man executed a warranty deed conveying the mineral estate to the neighbor, who failed to record the deed.

The following year, a woman moved her mobile home onto an undeveloped five-acre portion of the man's ranch. After the woman had lived on the property for 10 years, a local drilling company began operations on a nearby tract to drill a natural gas well. Believing that the woman owned the property, the drilling company approached the woman about leasing the mineral rights on her property and requested that the woman sign a lease of her mineral rights. The woman signed the lease as requested, and it was promptly and properly recorded. The drilling operations were successful, and the drilling company prepared to distribute profits from royalties. However, a dispute arose between the neighbor and the woman, as both parties claim ownership of the minerals.

The period of time to acquire title by adverse possession in the jurisdiction is 10 years.

In an action to determine title, is the court likely to award title to the mineral estate to the woman?

  1. No, because the woman actually possessed only the surface estate that had previously been severed from the mineral estate.
  2. No, because the woman did not actually possess the mineral estate until she signed the lease of the mineral rights.
  3. Yes, because the neighbor failed to record the warranty deed conveying the mineral estate.
  4. Yes, because the woman adversely possessed both the surface estate and the mineral estate for the statutory period.
Submit Next Question

Explanation:

Adverse possession of a mineral state

An adverse possessor can acquire title to land owned by another if his/her possession of the land is:

  • Open and notorious – apparent or visible to a reasonable owner
  • Continuous – uninterrupted for the statutory period
  • Exclusive – not shared with the owner
  • Actual – physical presence on the land and
  • Nonpermissive – hostile and adverse to the owner.

If the surface and mineral estates are owned by the same party, then the adverse possessor will acquire title to both estates—even if only one estate is actually possessed. But if the mineral estate has been severed from the surface estate (ie, the surface and mineral estates are owned by different parties), then the adverse possessor will only acquire title to the estate that is actually possessed. The mineral estate is actually possessed when the adverse possessor mines or drills wells on the land.

Here, the neighbor purchased the mineral estate from the man, thereby severing the mineral estate from the surface estate. And since the woman merely lived on the property for the 10-year statutory period—she did not attempt to mine or drill a well on the mineral estate—she actually possessed only the surface estate during that time (Choice D). This means that the woman did not adversely possess the mineral estate, and the court is not likely to award her title to that estate.

(Choice B) Adverse possession of a mineral estate requires the commencement of drilling or mining operations. Merely signing a lease of the mineral rights is not enough.

(Choice C) A deed need not be recorded to be valid, so the neighbor's failure to record has no impact on whether the woman adversely possessed the mineral estate.

Educational objective:
If a mineral estate has previously been severed from the surface estate (ie, surface and minerals owned by different persons), then an adverse possessor can only acquire title to the mineral estate by actually possessing the minerals (eg, by mining or drilling wells).

A teenager was riding a bicycle when she saw a classmate walking toward her. The teenager rode quickly toward the classmate, knowing that he would think she would run into him on her current trajectory. The teenager was not purposefully trying to harm or touch him. The classmate saw the teenager riding toward him and yelled at her to stop. The teenager swerved at the last moment and avoided hitting him. The classmate had a panic attack because he thought that the teenager would hit him.

Is the classmate likely to succeed if he sues the teenager for assault?

  1. No, because the teenager did not make contact with the classmate.
  2. No, because the teenager did not purposefully try to harm or touch the classmate.
  3. Yes, because the teenager acted with the requisite intent.
  4. Yes, because the teenager's conduct was extreme and outrageous.
Submit

Explanation:

Two types of intent

Assault occurs when (1) a defendant intends to cause the plaintiff to anticipate an imminent, and harmful or offensive, contact with the plaintiff's person and (2) the defendant's affirmative conduct causes the plaintiff to anticipate such contact. The intent requirement is met when the defendant acts with either:

  • purpose – the desire to cause anticipation of an imminent harmful or offensive contact or
  • knowledge – the substantial certainty that the plaintiff will suffer such anticipation.

Here, the teenager rode her bicycle directly at her classmate, causing him to think that she would hit him (anticipation of imminent contact). And since the teenager knew with substantial certainty that the classmate would think she would run into him, she acted with the requisite intent. As a result, the classmate is likely to succeed in a suit against the teenager for assault.

(Choice A) Assault merely requires that the plaintiff be placed in anticipation of imminent contact. Actual bodily contact is not required. Therefore, the fact that the teenager did not make contact with the classmate is irrelevant.

(Choice B) The intent to make contact with the plaintiff is a requirement for battery, but assault merely requires the intent to cause the plaintiff to anticipate imminent contact. Therefore, the fact that the teenager did not purposefully try to harm or touch the classmate does not absolve her of liability for assault.

(Choice D) Extreme and outrageous conduct (i.e., conduct that is unacceptable in civilized society) is an element of intentional infliction of emotional distress—not assault, which only requires intentional conduct.

Educational objective:
For assault, intent exists when a defendant acts with the purpose (desire) or knowledge (substantial certainty) that his/her conduct will cause the plaintiff to anticipate an imminent, and harmful or offensive, contact.

Bluebook Citations :
  • Restatement (Third) of Torts: Intentional Torts to Persons § 105 (Am. L. Inst., Tentative Draft No. 1, 2015) (providing the elements for assault).

Take a look at a typical competitor sample question below. Their practice questions might parody the exam, but ours consistently meet or exceed exam-level difficulty. Their limited explanations address the right answer choice but do not go the extra mile to explain the wrong choices – so you don’t make the same mistakes on exam day.

A mother gave her land to her two kids, a son, and a daughter, as joint tenants. The son built two adjoining homes on the land. He lived in one house and rented the other. The daughter lived out of the country and never visited the land. The daughter needed money, so she sold her interest in the land to her ex-boyfriend. Her ex-boyfriend immediately hired a developer to build a third home on the land. Soon after the daughter had sold her interest in the land, she was killed in a motorcycle accident. The ex-boyfriend is now asking the court for a judicial partition of the land. The son contends that upon his sister's death, he was now the sole owner of the land.

How should the court rule?

  1. For the ex-boyfriend, because he plans to live on the land.
  2. For the ex-boyfriend, because he paid for the son’s interest in the land.
  3. For the son, because he has the right of survivorship.
  4. For the son, because he has the sole position of the land.
Submit

Explanation:

Correct answer: B

Florida MPRE Requirements

The Multistate Professional Responsibility Examination (MPRE®) is a 2-hour, 60-multiple-choice question exam that assesses an examinee's knowledge of the American Bar Association's (ABA) Model Rules of Professional Conduct. Candidates must pass the MPRE before being admitted to the Florida Bar and can register through the NCBE.

Florida MPRE Minimum Passing Score

The Florida MPRE exam's minimum score is 80 on a scale from 50 to 150. Nationwide, MPRE minimum scores range from 75-86, putting Florida neatly in the middle. Eligibility for taking the MPRE is relatively flexible in Florida. For example, you can take the MPRE before you graduate from law school and before or after you pass the bar exam. However, you must pass the MPRE within 25 months of passing the Florida Bar Exam. 

Like the bar exam, performance on the MPRE is measured on a scaled score. The National Conference of Bar Examiners (NBCE®) does not publicize the calculations it uses to convert raw scores into scaled scores. However, we estimate that passing the Florida Bar Exam with a scaled score of 80 equates to a raw score of approximately 58%, or about 29 correct answers of the 50 that are graded.

Florida Bar Exam Scoring, Results and Pass Rates

The Florida Bar exam requires an average scaled score of 136 to pass. The final average scaled score is the sum of 50% of the MBE and 50% of the Florida essay/multiple choice exam. Therefore, a high score on one section of the exam can compensate for an unsavory score on the other.

Scaled scores are not to be confused with raw scores. For example, the essay portion of the exam is worth 300 points (100 points per essay), and the 100-question multiple choice section is worth 90 (10 questions are not graded). So, the highest raw score a person can get on the Florida Bar exam is 390 points.

So why scaled scores? You'll notice a difference if you have to retake the exam in February because you failed in July. It would be pretty easy to cheat if exam versions were identical. However, this creates an issue of fairness. What if February's exam is slightly more challenging than July's? Thus, exam administrators employ a statistical method called equating to remedy such disparities. Equating transforms raw scores into scaled scores by awarding bonuses to tougher exams and penalizing those that are easier.

Scaled scoring makes it difficult to predict exactly how many points you need to pass an exam, and the Florida Board of Bar Examiners doesn’t release its calculations. However, from past exams we estimate the examinees will need a raw score in the range of 260-280 to achieve an average scaled score of 136. Because there is no way of knowing the difficulty level of your exam, it’s best to aim for a minimum raw score of 280 on the Florida Bar Exam.

Florida Bar Exam Results

Florida Bar Exam Results are released in mid-April for the February exam and mid-September for the July exam. The Supreme Court of Florida posts pass/fail results to the Supreme Court of Florida website for 30 days, starting at noon after the morning they are released. For anonymity, results are attached to an examinee's applicant file number.

Once the Supreme Court has released the results, examinees can view them on their online portal page. Applicants without a portal account will receive pass/fail results by mail. You cannot request results over the phone, and the Florida Supreme Court does not release individual score rankings.

Florida Bar Exam Pass Rates

Note that in Florida, some examinees take only part A or part B. The data on total applicants below represents examinees who took both.

Exam Overall
Pass Rate		 First-Timer
Pass Rate		 Repeater
Pass Rate		 Results
Release Date
July 2023 61% 72% 30% September 18
Feb 2023 39% 55% 26% April 11

Here are the annual pass rates for the Florida Bar Exam since 2016, divided into first-time examinees and repeaters:

What Makes the Florida Bar Exam Unique?

For example, Torts is tested on the MBE (Part B) and may show up on Part A. When answering a question on Part A, if Florida law varies from general law (MBE Torts), you should answer the question according to Florida law.

According to Themis, a leading bar review provider, Florida Professional Conduct has been tested over 90% of the time (as a component of an essay), while Florida Evidence has been tested over 60% of the time on the Florida multiple-choice and, more recently, on the Florida essays since 2013.

The Florida Supreme Court expanded the number of testable subjects in 2013. While most of the expanded testable subjects remain today, in 2020, the Court removed two subjects: Delinquency and Dependency. Even with these subjects removed, the volume of testable subjects on the Florida Bar Exam remains one of the highest in the country.

Florida Bar Exam for Foreigners

Foreigners may take the Florida Bar if they: 

  • Have an LLM from an ABA-accredited law school that meets the board’s criteria and have practiced in a US jurisdiction for 2 years OR demonstrate that you have been practicing law for at least 5 years in a US jurisdiction and are in good standing in that jurisdiction
  • Provide evidence in the form of work-product samples that illustrate legal training and academic expertise.
  • Have a “reputation for professional competence” that is “above reproach”. 

Contact Details of Florida State Bar

The Florida State Bar is open from 8 am - 5:30 pm, Monday through Friday. See the table below for useful contact information.

Contact the Florida Bar
Mailing Address

US Postal Service

1891 Eider Court

Tallahassee, FL 32399-1750

Fedex, Priority USPS, and other

1891 Eider Court

Tallahassee, FL 32308-4537
Fax Number (850) 414-6822
Telephone Number (850) 487-1292

Florida Bar Exam FAQs

You must re-register and pay a $450 reapplication fee.
You can take the Florida Bar Exam however many times you need to pass.
You can transfer your Florida MBE score to another jurisdiction. To do so, you have to electronically submit a request for MBE score services through your NCBE Account.
Most law school graduates taking the Florida bar exam sit for both parts of the exam the first time. However, you may sit for the MBE in Florida and complete Part A during the next administration.
Florida doesn’t offer reciprocity with any other US jurisdiction. All applicants are required to submit an application to the Florida Bar Examination and complete a character and fitness investigation.
The Florida Bar exam is one of the hardest Bar exams according to its pass rates. While pass rate is not necessarily an indicator of objective difficulty, Florida is unique in the immense volume of tested subject matter.

Individuals filing a bar exam application in Florida for the first time must pay a fee of $1,000. Those who filed an application as a Law student registrant pay $600 (see details).

The deadlines for timely filing are November 15, 2023, and May 1, 2024, for the February and July 2024 exams, respectively. You will incur additional fees for filing past the timely filing deadline.
The Florida Bar exam lasts from 8 am – 5:15 pm over the course of two days. An hour-long lunch break divides the exam schedule into 2 sessions, each with 15 minutes for exam room entry, 15 minutes for test instructions, and 3 testing hours.
To take The Florida Bar Exam, you must have a JD degree or pursue one at an ABA-accredited law school. Alternatively, you could qualify with an LLM degree from a program that meets the board’s Curricular Criteria or has been practicing law for at least 5 years.
We recommend dedicating 400 study hours to the FL Bar Exam. Most students begin studying 8-10 prior to their exam’s administration. However, starting sooner may aid retention and decrease burnout, so we recommend starting as early as 4-6 months out if possible, especially if you work full-time.
You can transfer your MBE score to Florida if your score meets or exceeds the Florida minimum passing score of 136 and was earned within 25 months of passing Part A of the General Bar Examination and the MPRE or within 25 months of the date you will take those exam components. The transfer process depends on the state in which you took the bar exam. Check the NCBE’s MBE Score Services for details. If you’ve taken the bar in a state that does not transfer scores via the NCBE, you’ll have to fill out Florida’s MBE Score Transfer Form.
The Florida Bar Exam is offered biannually, once in February and once in July.
Becoming a licensed attorney in Florida includes earning a bachelor’s degree, taking the LSAT, earning a JD, and passing the Florida State Bar Exam and MBRE within 25 months of each other.
No, you cannot practice law without a law degree in Florida. Only California, Vermont, Virgina, and Washington allow you apprenticeships over law school.
To request special accommodations for the Florida Bar Exam you must submit a test accommodations petition. You can find detailed instructions on the Florida Board of Bar Examiners website.

References

Florida Bar of Examiners. Florida Board of Bar Examiners, https://www.floridabarexam.org/

The Supreme Court of Florida. Florida Bar Exam Results Comparisons, https://www.floridasupremecourt.org/Bar-Scores/Florida-Bar-Exam-Results-Comparisons/.

Florida Exam Dates and Locations Reference: Florida Board of Examiners

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