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FBE > Civ Pro > Flashcards

Civ Pro Flashcards

1
Q

Florida Supreme Court Must Review: (4)

A

Bonds, Utilities, Invalidation of State statute, and Death Penalty

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2
Q

Appellate Court Jurisdiction Must Review: (5 Major Items)

A

Final trial court orders not reviewable by FSCL, Admin anything, Venue, Injunction (Grant/Modify/Kill), Determine Juris of Person, Immediate possession of property (Right to), Money/Child Support for Family Law, whether a class should be cert’d

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3
Q

Writ of Mandamus

A

Appeals Court orders lower court to do something

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4
Q

Circuit Court - Authority: (5)

A

Estate Settlement, Juvenile Crimes (except traffic), Felonies, + Felonies when tied with Misd, tax assessment legality, real prop title crap.

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5
Q

County Court - Auth: (6)

A

Misdmeanors, muni/ordinance vios, HoA disputes, Simple dissolution of marriage, Any amount under 30k (2022)/50k (2023), Right to possess real prop (eviction jazz)

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6
Q

Concurrent Juris Between Circuit & County: (3)

A

Landlord (below thresh), real prop, hoa.

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7
Q

Forum Selection Clause Validity: (5)

A

Provision showing Florida law as governing, provision where non-resident agrees to submit to jurisdiction, involves consideration of 250k+, Does not violate Fed Const, Relation to Florida Law or at least one party is Florida resident.

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8
Q

Waiver of Service Request: (3)

A

Copy of complaint + Court, extra copy of notice and request including waiver, and prepaid means of compliance in writing.

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9
Q

Service On Partnership & LP

A

Process against a partnership must be served on any partner and is as valid as if served on each individual partner.
Requires one attempt, then can served on person in charge of partnership during regular business hours.

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10
Q

Corps Service

A

(1) Pres, VP, or Head; (2) Cashier, treasurer, GM; (3) any agent/officer in the state. Alt Method: Serve registered agent.

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11
Q

Venue - Special Property Exception

A

Only applies for REAL Property. No cars, or anything that can be moved. So can’t hold venue in area of that kind of property

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12
Q

Venue: Plaintiff Mistake

A

Auto-transfer. Plaintiff has to pay new filing fee.

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13
Q

Time to Dismiss for Forum Non Conveniens

A

Not later than 60 days after service.

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14
Q

Claim for Relief Contents: (3)

A

(i) short and plain statement regarding jurisdiction; (ii) short and plaint statement of ultimate facts that pleader is entitled to relief; (iii) demand for judgment for relief so entitled.

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15
Q

Aff Defenses

A

Have to be made in pleading to a pleading (response), or they’re waived.

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16
Q

Amendment to pleading (How/How many)

A

Once as a matter of right any time prior to response

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17
Q

Fraud - Special Pleading Req’s

A

Must be stated with such particularity….

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18
Q

Special Damages Req

A

Must be stated

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19
Q

Motion for Judgment On the Pleading Restrictions

A

Based only on questions of law. (Not the same as Sum Judg

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20
Q

Motion for More Definite Statement Timing

A

10 days

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21
Q

Interrogatory Answer Types

A

Admit, Deny, or state lack of info (serves as denial)

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22
Q

Timing after Court denies Def’s pre-answer motion to dismiss

A

Def has 10 days to answer whole complaint

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23
Q

Timing after Court GRANTS def’s pre-answer motion for more definite statement

A

Plaintiff has 10 days to respond

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24
Q

Intervention Info

A

Same side of v. Usually another plaintiff wants to join in. Allowed at any time.

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25
Q

Impleader

A

Def pulls in another party to blame. No need for court permission within 20 days of after original answer

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26
Q

Class Action Req’s

A

Numerosity, common questions of law/fact, typicality, fair/adequate rep.

27
Q

Class Action Basic Steps

A

Trial judge determines if class action is appropriate, notice is given by party to class members.

28
Q

Motion for Substitution - Timing

A

Motion necessary for dead or incompetent parties - within 90 days of death/incompetence.

29
Q

Depo notice after service/initial pleading - Timing

A

Court permission required if done within 30 days after service/initial pleading.

30
Q

Non-Party Witness Depo req’s

A

MUST BE SUBPOENAED

31
Q

How to get production of tangible items

A

Notice to produce

32
Q

How Depos Used

A

To contradict or impeach

33
Q

Interrogatory Limit

A

30

34
Q

Interrogatory Answer Timing

A

30 days, 45 if accompanied within initial process

35
Q

Requesting Examination of Other Party

A

Fine when subject of examination is in controversy. Party has to respond in 30 days

36
Q

Default Judgment isn’t a ruling on _ _ _ _ _ _ _

A

Damages

37
Q

Default against Retards

A

Can’t do it unless rep’d by general guardian, committee, conservator, or other rep.

38
Q

How to do voluntary dismissal

A

Can serve notice without order of the court any time prior to hearing for SJ or prior to jury goes to “retire.”

39
Q

Can’t voluntarily dismiss when

A

Court has already seized property, fraud against the court, counterclaim.***** Vague info here.

40
Q

Failure to Prosecute Timing

A

10 Months, 60 days, 5 Days. Anyone can make notice (including clerk)

41
Q

Summary Judgment Weighted Toward

A

“In light most favourable to non-moving party.”

42
Q

Summary Judgment will not automatically result in ruling on: _ _ _ _ _ _ _

A

Damages

43
Q

Summary Judgment Timing Restrictions After Initial Process

A

Can’t file within the first 20 days UNLESS def. files, then it’s game on.

44
Q

How long before hearing can party file for SJ? (Changed)

A

40 days prior to hearing (at least),

45
Q

Party Opposing SJ Rights

A

If they can’t find necessary defense, they can be granted more time. Also, Bad Affs result in legal fees for other side.

46
Q

Demand Timing After Service and Before Hearing

A

No earlier than 90 days after service of process and no later than 45 days prior to trial

47
Q

Demand must include

A

Everything desired for all claims. Legal fees can go either way.

48
Q

Days to accept demand

A

30 days from service of proposal

49
Q

Jury Trial Demand Timing

A

No later than 10 days after date of last pleading

50
Q

FTA at trial by Parties

A

If Def fails to appear, case goes on anyway. Counterclaims by Def get dismissed. No defaults or directed verdicts

51
Q

Setting aside verdict timing

A

15 days after return of verdict

52
Q

Punitive Damages Rules

A

I. Must not exceed 3x for compensatory damages or the sum of 500k, whichever is greater. II. Limit is set at 4x or 2m - Harm is actually known; III. No cap for specific intent to harm.

53
Q

Motion for Costs timing

A

30 days after filing judgement

54
Q

Judge Disqual Timing

A

10 days after disco of facts justifying disqual.

55
Q

Motion for New Trial

A

15 days after verdict; Court can do so on its own volition with same timing.

56
Q

Relief from Judgment

A

Within a year (reasonable time)

57
Q

Clerical Error

A

Clerk can fix on its own accord

58
Q

Med Mal Req’s

A

Notice; 90 Day Invest Period; Mandatory Mediation/Settlement Conf within 120 days; Refusal.

59
Q

Med Mal Arbitration Numbers/Restrictions

A

If Def refuses Arb, no cap on limit + ability to get legal fees of 25% on judgment. If Plaintiff refuses Arb, 350k cap per incident.

60
Q

SoL

A

All two years now (2023)

61
Q

Rejection of Demand Proceeding to Trial

A

If jury award is 25% greater than offer, Plaintiff awarded att. fees from time of offer forward.

Whole thing must be in good faith.

62
Q

Arbitration Appeal

A

Very specific aspects within 30 days.

63
Q

Class Action Settlement

A

Judge has to approve

FBE (13 decks)

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