Purpose of Examination

The Business Litigation Certification Examination consists of a combination of essay and multiple choice questions. It is intended to test whether an applicant possesses the knowledge, skills, abilities, ethics, and judgments that are common to specialists in Business Litigation law and is also intended to be a valid and reliable measurement to justify the representation of special competence and professionalism that distinguishes a “Florida Bar Board Certified Lawyer.”

Examination Content

Topics that may be covered on the business litigation examination include:

I. GENERAL BUSINESS LITIGATION ESSAY (MANDATORY, WORTH 25 POINTS)

1. Personal and Subject Matter Jurisdiction
2. Proper Venue and Standing
3. Florida Statutory Claims and Defenses, including:
   1. UCC (excluding Articles 5, 6 and 7)
   2. RICO
   3. Civil Theft
   4. Replevin
   5. Deceptive and Unfair Trade Practices
4. Florida Common Law Claims and Defenses, including:
   1. Breach of Contract
   2. Accounts Stated – Open Account
   3. Conversion
   4. Fraud
   5. Intentional Interference
   6. Economic Loss Rule
   7. Statute of Frauds
   8. Parol Evidence Rule
   9. Contract Defenses (i.e. mergers doctrine, lack of considerations, etc.)
5. Damages, Lost Profits and Attorneys Fees.

II. ETHICS (MANDATORY, TOPICS II, III AND IV COMBINED ARE WORTH 70 POINTS)

1. Removal of actions
2. Jurisdiction and venue
3. Process and service of process
4. Motion practice
5. Discovery and pleading penalties
6. Courtroom procedural issues
7. Alternative Dispute Resolution

IV. EVIDENCE

1. Pleadings and practice
2. Process and service of process
3. Jurisdiction and venue
4. Conduct of Discovery
5. Alternative dispute resolution and proper forums
6. Attorney fees

V. BUSINESS LITIGATION SKILLS ESSAY (MANDATORY, WORTH 25 POINTS)

1. Pleadings and practice
2. Process and service of process
3. Jurisdiction and venue
4. Conduct of Discovery
5. Alternative dispute resolution and proper forums
6. Attorney fees

VI. BUSINESS TORTS (MANDATORY, WORTH 25 POINTS)

1. Securities – Blue Sky Law
2. Liability of Partners and Limited Partners
3. Liability of Limited Liability Company Members and Managers
4. Fraud and Negligent Misrepresentation
5. Conversion and Civil Theft
6. Tortious Interference with Contracts and Business Relationships
7. Civil Rights
8. Corporate Officer, Director & Shareholder Liability

VII. OTHER TOPICS (MANDATORY, WORTH 35 POINTS)

1. Business Organizations:
   1. Corporations
   2. Partnerships
   3. Limited Partnerships
   4. Limited Liability Companies
   5. Not for Profit Corporations
2. Creditors Rights/Bankruptcy/UCC:
   1. Lender Liability
   2. UCC (excluding Articles 5, 6 and 7)
   3. Bankruptcy
   4. Post-Judgment Remedies
   5. Pre-Judgment Remedies
   6. Fraudulent Transfers
3. Intellectual Property/Restrictive Covenants:
   1. Intellectual Property
   2. Restrictive Covenants
   3. Trademark
   4. Copyright
   5. Trade Secrets
   6. Unfair Competition
4. Real Estate/Construction Law:
   1. Real Property Law
   2. Landlord/Tenant
   3. Construction Liens and Contract Issues

STATE VS. FEDERAL LAW EMPHASIS

Multiple choice questions rely on Florida Law and Federal Law. The examinee can use applicable Florida or Federal Legal Principles in responding to the General Business Litigation and Business Litigation Skills.

For examination purposes, topics that are not considered to be a part of business litigation law include:

• Domestic and Criminal Matters
• Workers’ Compensation
• Personal Injury
• Routine Foreclosures
• Routine Collections

Examinees will be tested on law in effect as of December 31 the year preceding the administration of the exam.

The following is a non-exclusive list of suggested study materials for the 2014 Florida Bar business litigation certification examination provided as a courtesy by the Business Litigation Certification Committee.

1. Florida Rules of Civil Procedure and case law interpreting it
2. Federal Rules of Civil Procedure and case law interpreting it
3. Florida Evidence Code and case law interpreting it
4. Federal Evidence Code and case law interpreting it
5. Florida’s UCC
6. Florida Statutes and cases regulating post-judgment proceedings including, but not limited to, execution on judgments and the rights of creditors
7. Florida law on common business-related claims, including, but not limited to, contracts and business torts
8. Florida law governing intellectual property protection
9. Florida law on construction and tenancy
10. Florida law regulating business organizations and corporate governance
11. The Rules Regulating the Florida Bar including, but not limited to, attorney-client relationship and ethics

The Business Litigation examination consists of 130 multiple-choice questions worth 1 point each, two essays worth 25 points each and one essay worth 10 points.

ADDITIONAL STUDY MATERIALS THAT MAY BE HELPFUL

• Annual Civil Trial Update and Board Certification Review Seminar
• Bankruptcy Law & Practice: View from the Bench 2013
• CLE Courses listed on the Business Law website
• Business Litigation in Florida, Textbook.