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Florida Con Law question. Kaplan says "The Rational Basis Test is used to determine if the equal protection clause is being violated by legislation." What do they mean by this statement? I thought an equal protection challenge under the Florida Constitution would be subject to SS if it was based upon a suspect class?

cruzgator wrote:I can see your point, but under that rationale, evidence will never be tested again.

Either way, it is a toss-up for wills or business associations so we'll need to study both anyway.

I just think they will wait for some rulings on the new statute. It went into effect on July 1st and the exam was likely sent to print or almost finalized by then. For all they knew the FLSC could have stopped the statute on July 1 from going into effect (doubtful but you never know). Don't get me wrong... I want evidence. I'm studying for it anyway for the MBE so might as well learn the few minor distinctions.

mness wrote:Florida Con Law question. Kaplan says "The Rational Basis Test is used to determine if the equal protection clause is being violated by legislation." What do they mean by this statement? I thought an equal protection challenge under the Florida Constitution would be subject to SS if it was based upon a suspect class?

Must be more to it or a typo. Maybe they are referring to age and anything else that is not a suspect or quasi-suspect classification?

Does anyone have a document they can send with all of the relevant time constraints/deadlines for motions and such for Florida Con Law?

Also, can someone explain what an ejectment action is (for the purposes of civ pro- ie only circuit court has jxn over them).

Fixtures q: Since FL has no PMSI exceptions for fixtures, am I correct in saying that the ONLY time a fixture will have priority over a mortgage is when there was a fixture filing filed BEFORE the mortgage?

rnf1292 wrote:Fixtures q: Since FL has no PMSI exceptions for fixtures, am I correct in saying that the ONLY time a fixture will have priority over a mortgage is when there was a fixture filing filed BEFORE the mortgage?

Where are you getting the first statement from?

RodneyBoonfield wrote:

rnf1292 wrote:Fixtures q: Since FL has no PMSI exceptions for fixtures, am I correct in saying that the ONLY time a fixture will have priority over a mortgage is when there was a fixture filing filed BEFORE the mortgage?

Where are you getting the first statement from?

UCC says that a PMSI fixture will have priority over a mortgage (even if put in place after the mortgage) if it is filed within 20 days. Our FL notes in the grey FL book says that there is no such PMSI exception in FL.

edit: I'm taking barbri

RodneyBoonfield wrote:Does anyone have a document they can send with all of the relevant time constraints/deadlines for motions and such for Florida Con Law?

I was planning on making a chart like that but never got around to it. If anyone else has one, it would be greatly appreciated here too!!

RodneyBoonfield wrote:Also, can someone explain what an ejectment action is (for the purposes of civ pro- ie only circuit court has jxn over them).

I believe it depends what the ejectment action is for. Generally, if it's to seek possession of real property, county court has subject matter jurisdiction if $15K or less and concurrent jurisdiction with the circuit court if over. I'm not sure if an ejectment action for a trespasser fall into this category or a regular injunction that is the opposite (concurrent under / circuit over) or a landlord-tenant controversy (also the opposite).

The court made this nice chart, but doesn't cover this situation:
--LinkRemoved--

rnf1292 wrote:Fixtures q: Since FL has no PMSI exceptions for fixtures, am I correct in saying that the ONLY time a fixture will have priority over a mortgage is when there was a fixture filing filed BEFORE the mortgage?

Fixture is a good, therefore PMSI will give priority over mortgage if perfected within 20 days of purchaser taking possession. I think FL may not have the PMSI exception for consumer goods that provides for automatic perfection without filing but I could be wrong.

rnf1292 wrote:Fixtures q: Since FL has no PMSI exceptions for fixtures, am I correct in saying that the ONLY time a fixture will have priority over a mortgage is when there was a fixture filing filed BEFORE the mortgage?

Fixture is a good, therefore PMSI will give priority over mortgage if perfected within 20 days of purchaser taking possession. I think FL may not have the PMSI exception for consumer goods that provides for automatic perfection without filing but I could be wrong.[/quote]

Just googled Florida's fixture statute, 679.334(4), and there is not a PMSI fixture filing exception - and its greats that Kaplan didn't tell us that, so thanks for the heads up

SAOJD10 wrote:

rnf1292 wrote:Fixtures q: Since FL has no PMSI exceptions for fixtures, am I correct in saying that the ONLY time a fixture will have priority over a mortgage is when there was a fixture filing filed BEFORE the mortgage?

Fixture is a good, therefore PMSI will give priority over mortgage if perfected within 20 days of purchaser taking possession. I think FL may not have the PMSI exception for consumer goods that provides for automatic perfection without filing but I could be wrong.

Just googled Florida's fixture statute, 679.334(4), and there is not a PMSI fixture filing exception - and its greats that Kaplan didn't tell us that, so thanks for the heads up[/quote]

Also just checked the statutes and it's not there. It's an important distinction (and also one which I think makes no sense so I wouldn't be surprised if it was tested)

rnf1292 wrote: I think FL may not have the PMSI exception for consumer goods that provides for automatic perfection without filing but I could be wrong.

Also, checked the consumer goods automatic perfection provision, 679.3091(1), looks like there is automatic perfection in consumer goods (unless covered by certificate of title statute, etc.)

Damn this bar induced panic

Two observations:

-PMSI in fixtures WILL enjoy priority over a validly executed mortgage on the real property with regard to the fixtures if the fixture filing is properly filed at the time of affixation.

-With regard to predictions on multiple choice, BarBri's 12-year chart of topics tested reveals that (1) business entities has not in that period been tested more than twice in a row, and it was tested last July and this past February; and (2) evidence has only been skipped on two examinations in that period, making it incredibly likely to appear, despite any change in law that may affect the answer to only 1 or 2 questions out of 30. Based on pure historical data, it's very likely--but surely not certain--to be evidence and wills (in addition to procedure).

Wow I am glad you guys found that. I will be happy as long as Family Law and Com Paper don't make the essays and Business Entities don't make the MC.

Sooo we can assume UCCJEA will not be on this exam right?

Lets hope UCCJEA isn't on there but you never know. I am just hoping for a straight forward test. Property/Homestead, Torts and Trust/PR but that's too ideal.

Any tips on how to approach performance component questions? Did themis/kaplan hint at how often these are tested? (I don't remember hearing anything from barbri)

I talked to someone who took it last July and he told me he did not remember any MPT questions being on the MC. And if there were, it was just one set of 3 max. Someone I know who took in a couple years ago told me he believes it only came up once as well.

I don't see time as an issue for the Florida MC, but I am going to save all the MPTs for the very end. They mess up my rhythm.

Is it recommended to get there early? Badge distribution between 745 and 830 IIRC, so no problem strolling in at 825?

My brain is complete mush right now so I am wondering if someone would be so kind as to help me fully understand FLT II Evidence MC #24.

iShotFirst wrote:Is it recommended to get there early? Badge distribution between 745 and 830 IIRC, so no problem strolling in at 825?

Ticket says to arrive no later than 745 AM, fwiw.

Charles Barkley wrote:

iShotFirst wrote:Is it recommended to get there early? Badge distribution between 745 and 830 IIRC, so no problem strolling in at 825?

Ticket says to arrive no later than 745 AM, fwiw.

Youre right, cheers.

Just browsing over some past exams and the Feb 2011 exam was brutal. If we get anything like that I am going to need a 175 on the MBE.

Does anyone know if we are allowed to bring in ear plugs?

I got done a bit early in the last session, did they say at the end when the scores will be released or does anyone know the usual date?

Well, that was an ass raping.

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