Bar Preparation

This pathway is designed to aid students in passing the bar examination. This pathway should supplement the other courses taken in your desired area of practice. It is also beneficial for those who want to get a head start in preparing for the bar or review foundation courses. The General Bar Examination is divided into two parts. Part A consists of three essay questions and 100 multiple-choice questions. Florida Rules of Civil and Criminal Procedure and the Florida Rules of Judicial Administration 2.330, 2.420, 2.505, and 2.515 are always tested.

Part B of the exam is the Multistate Bar Examination (MBE), which tests six subjects:

  • Constitutional Law
  • Contracts
  • Civil Procedure (tested for the first time in February 2015)
  • Criminal Law and Procedure
  • Evidence
  • Real Property
  • Torts

Florida Bar Exam – Tested Areas

  • Payment Systems (Article 3 UCC)
  • Secured Transactions (Article 9 UCC)
  • Business Entities
  • Chapters 4 & 5 of the Rules Regulating The Florida Bar
  • Contracts
  • Criminal Law
  • Constitutional Criminal Procedure
  • Juvenile Delinquency
  • Evidence
  • Family Law and Dependency
  • Federal Constitutional Law
  • Florida Constitutional Law
  • Professionalism
  • Real Property
  • Torts
  • Trusts Wills & Administration of Estates

For more information, www.floridabarexam.org

First Year Courses

Contract Law
LAW 5000 Contract Law (4). This course introduces and explores the function of contracts in a free enterprise economy. It covers the evolution and application of common law doctrines and, where applicable, those provisions of the Uniform Commercial Code governing the contracts process, including mutual assent, consideration, reliance, conditions, interpretation of contract language, performance and breach, and remedies. The course may also cover impossibility and frustration, beneficiaries, and assignments.

Constitutional Law
LAW 5501 Constitutional Law (4). This course deals with the fundamental principles of American constitutionalism. It considers the relationships between the branches of the federal government within the separation of powers and the relationship of the national government with the states within our federalism. It focuses on the institution of the Supreme Court and its power of judicial review and how that power is exercised to interpret the Constitution. The various powers of Congress are studied, especially the commerce clause power, including its negative effects on the state police power. The executive powers of the President, both domestic and foreign, are explored. The constitutional relationship between the individual and the government are analyzed within the context of the due process and equal protection clauses of the fourteenth amendment.

Criminal Law
LAW 5100 Criminal Law (3). The purpose of the course is to introduce the principles and objectives of the criminal law and to explore its utility and limitations as a means of social control. The course covers general common law elements and principles, including actus reus and mens rea; general defenses, including insanity, ignorance and mistake, duress, self-defense, defense of others and of property, necessity, and entrapment; the criminal capacity of children and of corporations; theories of liability for various parties to crime; and vicarious strict liability.

Property
LAW 5400 Property (4). This course introduces and examines concepts of property ownership, possession, and transfer. It includes acquisition and protection of personal property; estates in land, including present, concurrent, and future interests; leasehold estates; easements, covenants, and private controls of land use; some aspects of real property transfers, including deeds, descriptions, recording and priority, and the real estate contract; and an introductory treatment of nuisance, zoning and other public controls of land use.

Torts
LAW 5700 Torts (4). This course examines the body of law directed toward the compensation of individuals for injuries to their protected legal interests. It includes liability for negligence and for intentional interference with person and property, and liability without fault (“strict liability”). Covered are doctrines including duty, breach of duty, causation, damages, and defenses.
Bar Tested Courses

Criminal Procedure: Adjudication
LAW 6114 Criminal Procedure: Adjudication (3). This course examines topics not covered in the basic course in Criminal Procedure, including the grand jury process, bail, the plea-bargain process, right to jury trial, double jeopardy, joinder and severance, and right to confront and examine witnesses.

Business Organizations
LAW 6062 Business Organizations (3-4). This is a basic course on state and federal law governing incorporated business enterprises, partnerships and limited liability companies.

Evidence
LAW 6330 Evidence (3). This course addresses the law of evidence, including: hearsay, judicial notice, burden of proof, and presumptions; functions of judge and jury; competency and privileges of witnesses; and exclusion of testimony of witnesses and documents.

Family Law
LAW 6710 Family Law (3). This course examines state regulation of sexual and marital relationships, including the conflict between the doctrines of family privacy and state intervention in the marital relationship. Topics include: premarital controversies, capacity to marry and the formalities of marriage; rights and duties of marital partners; annulment and separation; divorce grounds and no-fault; spousal support and basic issues of property distribution; principles governing child custody and visitation; child support; mediation of property and custody issues; and regulation of non-traditional relationships.

First Amendment
LAW 7511 First Amendment (2-3). This course is an examination of the historical origins and underlying values of the rights of conscience protected in the First Amendment. The emphasis will be on the fundamental principles articulated in Supreme Court interpretations of its provisions relating to free speech, free press, and religious liberty.

Florida Civil Practice
LAW 7303 Florida Civil Practice (2-3). This course entails a study of Florida civil practice from the commencement of an action through final judgment.

Florida Constitutional Law
LAW 7503 Florida Constitutional Law (2-3). This course studies the Constitution of the State of Florida, including recent decisions of the Florida Supreme Court and analysis of current proposals for constitutional change.

Florida Law and Procedure
LAW 5309 Florida Law and Procedure (2). Focused on differences and distinctions between state law and general common law principles in certain fundamental areas of law typically tested on the Florida bar examination. Prerequisites: Foundation courses or substantial equivalent.

Medical Malpractice Law
LAW 6725 Medical Malpractice Law (2–3). Medical Malpractice Law examines legal claims that may be brought against physicians, hospitals, and other allied health professionals and organizations, as a result of the provision of medical and/or health services, or as a result of relationships with medical and health services providers. The course will examine the duties of care imposed by law on medical and health care providers, legal remedies for breach of the standards of medical care, defenses to legal claims, and medical ethics. Recommended but not required as a prerequisite: Evidence Law.

Payment Systems
LAW 6556 Payment Systems (2-3). This course will survey the uses of different payment mechanisms (negotiable and nonnegotiable instruments, credit cards and electronic funds transfer and wire transfer systems) in both credit and cash transactions. The course will consider allocation of risks for fraud, countermands, defenses on the underlying contract, mistake, timeliness and unauthorized payments. In each case the allocation of risks in connection with different payment mechanisms will be considered, along with whether these allocations should be the same or different for each mechanism. The course will focus on Articles 3 and 4 of the Uniform Commercial Code and, as time permits, consider letters of credit under U.C.C. Article 5 and the International Chamber of Commerce Uniform Customs and Practice. Special emphasis will be given to techniques of statutory analysis, commercial counseling and a rethinking of present rules, especially in the light of the revision of Articles 3 and 4. The impact of federal legislation on the state payments law (U.C.C. Articles 3, 4, and 4A) may also be treated.

Products Liability
LAW 6702 Products Liability (2-3). This course is a survey of the history, growth and development of the law regarding injury to persons and property resulting from defective products. It will examine the various legal theories of fraud, express warranty, implied warranties of fitness and merchantability, negligence, and strict liability.

Professional Responsibility
LAW 6750 Professional Responsibility (3). This course will examine the law of professional responsibility, including professionalism issues and malpractice risk management, with significant emphasis on the rules of ethics governing lawyers and judges. The objective is to give students an appreciation for the challenges they will face as practitioners, and a working knowledge of the principles of professionalism and the ethics rules that they will use in their daily practices.

Sales
LAW 6010 Sales (2-3). This course covers contracts for the sale of goods under Article 2 of the Uniform Commercial Code. Some consideration will also be given to leasing of goods under Article 2A of the Code.

Secured
LAW 6051 Secured Transactions (2-3). This course covers the creation, perfection, and enforcement of security interests in personal property under Article 9 of the Uniform Commercial Code, including priorities among conflicting interests in the same property and choice of law problems. Some discussion of bankruptcy law as it affects the interests of secured creditors may also be included.

Remedies
LAW 6320 Remedies (3). The course focuses upon the nature and scope of relief that a court may grant a party who has established a substantive right. Topics include judicial remedies such as damages in tort and contract cases, restitution, punitive remedies, declaratory relief and coercive remedies in equity.

Wills and Trusts
LAW 6430 Wills and Trusts (3-4). The intergenerational transfer of wealth in the United States is controlled by both statutory and common law principles. Competing views of the individual’s freedom of disposition and state power both to channel and to tax property have led to an interesting and complex array of legal devices and institutions. These include statutory intestacy and elective share provisions, wills, and trusts. Related topics to be addressed will include planning for incapacity, future interests in property, powers of appointment, life insurance, and introductory aspects of trust and estate administration.

Administrative Law
LAW 6520 Administrative Law (2-3). This is an introduction to the laws controlling executive branch agencies of government. Major topics include delegation of power to agencies, modes of agency action, control of agencies by the legislative branch, control by the judicial branch, and public access and influence.

Federal
LAW 6600 Federal Income Tax (3). This course offers an introduction to the fundamental principles of federal income taxation, particularly as applied to individuals, including the concepts of gross income, identification of the proper taxpayer, deductions, income tax accounting, capital gains and losses, deferred payment sales and non-recognition transactions. Consideration will be given to issues of tax policy and tax planning techniques.

International
LAW 7680 International Taxation (2-3). The course involves a study of the federal income tax laws and international tax treaty provisions that apply to transactions that cross international boundaries.

Please view the Schedule of Classes to determine which courses will be offered during the current school year.