Jurisdiction & Pleadings

Question 1

The Florida Supreme Court had mandatory jurisdiction over four types of cases:

Answer 1

Capital cases (final judgments of trial courts imposing the death penalty) 
Constitutional questions (decisions of district courts of appeal declaring invalid a state statute or provision of state constitution) 
Bond validations (final judgments entered in the proceedings for the validation of bonds or certificates of indebtedness) 
Public utility cases (actions of statewide agencies relating to rates or services of utilities providing electric, gas, or telephone services)

Question 2

The Florida Supreme Court has discretionary review over:

Answer 2

Decisions of the district courts of appeal that: declare a state statute valid; construe a provision of the state or federal constitution; affect a class of constitutional or state officers; conflict with the decision of another district court of appeal or of the Florida Supreme Court on the same question of law;
Pass upon a question certified by the district court to be of great public importance; or
Are certified by district court of appeal to be in direct conflict with a decision of another district court of appeal.
Also, orders of trial courts certified by the district court of appeal to require immediate resolution by the Florida Supreme Court and to a) be of great public importance or b) have a great effect on the proper administration of justice throughout the state.
Finally, questions of law certified by SCOTUS or a U.S. Ct. of App. that are determinative of the cause and for which there is no controlling precedent of the FL Sup. Ct.

Question 3

The Florida Supreme Court possesses original jurisdiction (the right to hear an action before any lower court) to issue writs in cases coming within the ultimate jurisdiction of that court, including:

Answer 3

1) writs of prohibition to other courts, directing them to cease an act;
2) writs of mandamus to state officers and state agencies, directing them to perform an act;
3) writs of habeas corpus returnable before the FL Sup Ct or any justice, a district court of appeal or any judge thereof, or any circuit judge;
4) writs of quo warranto to state officers and state agencies, which determine the right of a public official to hold office or exercise authority; and
5) all writs necessary to the complete exercise of its jurisdiction

Question 4

The Florida Supreme Court also has original jurisdiction to:

Answer 4

promulgate court rules

Question 5

When may the FL Supreme Court issue advisory opinions?

Answer 5

At the request of the governor as to the interpretation of any portion of the constitution concerning the governor’s powers and duties.

Question 6

The district court of appeals can hear all maters that are not directly appealable to the FL Sup Ct or to a circuit court, including:

Answer 6

1) Final orders
2) non-final order of the circuit courts, or orders made during the pendency of an action
3) non-final orders of other courts (tribunals and circuit courts by way of the common law writ of certiorari)

Also, may hear:
administrative decisions; writs; and county court orders.

Question 7

Actions in excess of $15k will be filed in:

Answer 7

Circuit Court.

Question 8

Actions of $15k or less will be filed in:

Answer 8

County Court

Question 9

Can claims be combined to reach the $15k threshold necessary for circuit court?

Answer 9

Yes, if arising out of the same transaction or occurrence for both causes of action.

Question 10

True or False: Subject Matter JX is a non-waivable defense.

Answer 10

True. It can be raised at any time, by any party or by the court. The parties may not both agree that if the court doesn’t have JX they can still litigate before that court.

Question 11

When may a court exercise in personam jurisdiction over a defendant?

Answer 11

Only if a legal basis to establish JX over the person or entity exists and if Defendant is provided proper notice.

Question 12

In personam jurisdiction authorized by law exists over:

Answer 12

Florida residents;
party consents to the jurisdiction;
Entity is incorporated in Florida or authorized to conduct business.

Question 13

When does the Long-Arm Jurisdiction come into play?

Answer 13

When dealing with non-residents.

Question 14

Specific jurisdiction:

Answer 14

Defendant has engaged in specified conduct in FL (ex: driving a car, breaching a K or committing a tort).

Question 15

When is assertion of specific personal jurisdiction appropriate?

Answer 15

To the extent that it relates to the activity that defendant was engaged in.

Question 16

General jurisdiction:

Answer 16

Substantial and not isolated activities of the defendant.

Question 17

General jurisdiction warrants asserting JX over a defendant for:

Answer 17

All courses of action, not just those arising in Florida.

To establish JX, a party only needs to plead the specific words in the long-arm statute.

Question 18

Service of process begins with:

Answer 18

valid services of summons and complaint

Question 19

Service may be made by:

Answer 19

Sheriff of county; process server appointed by sheriff; process server appointed by court (certified process server)

Question 20

Methods of service:

Answer 20

Personal service (hand delivery);
Substituted service (on an agent of defendant, or at D’s abode w/ anyone 15 years or older after informing the person of the contents, or D’s spouse so long as spouse is not an adverse party, spouse requests service and spouse and defendant reside in same dwelling);
D can agree to service by mail and be afforded 60 days to respond;
Service by Publication (only used when the other methods are not possible).

Question 21

Venue is:

Answer 21

actual location where action is brought

Question 22

P gets to choose venue, but is limited to:

Answer 22

where D resides at time of lawsuit commencing;
where cause of action occurred;
where the property and litigation is located

Question 23

If multiple defendants, venue is appropriate:

Answer 23

in any county where a defendant resides

Question 24

If causes of action arose in different counties, venue is appropriate:

Answer 24

in either of the counties

Question 25

Venue is appropriate in an action against a corporation where:

Answer 25

Domestic corp - where the corporation regularly conducts business
Foreign corp - where the agent or representative is located

Question 26

Can venue be agreed upon by the parties?

Answer 26

Yes.

Question 27

How can venue be transferred?

Answer 27

If the initial venue selection is proper, and for some reason the action needs to be transferred, transferred is allowed.

Question 28

Why might the court transfer venue?

Answer 28

In order for defendant to receive a fair trial;
Convenience of the parties;
Interest of justice

Question 29

Forum non conveniens:

Answer 29

If the Florida court has jurisdiction, but the litigation is more appropriate in another state, Florida can relinquish JX.

FNC applies for transfer between states (not counties within Florida)

Question 30

A complaint must include:

Answer 30

Short and plain statements of:

1) An allegation establishing the court the action should be in (subject matter jx)
2) ultimate facts showing pleader is entitled to relief (elements of the cause of action)
3) Demand for judgment for relief

Question 31

Special pleadings are necessary for:

Answer 31

1) alleging fraud or mistake (cause of action or defense) - must plead specifically
2) denying that a condition precedent occurred
3) denial of capacity to sue
4) special damages (unique to the cause of action)
5) Attach supporting documents (such as a suit filed on a promissory note - attach the note) to the pleading or answer

Question 32

An answer to a complaint must:

Answer 32

Either admit, deny, or respond without knowledge to the allegations of the pleading to which it responds.

Question 33

A statement that the respondent is without knowledge of the specific facts or allegations is:

Answer 33

a denial.

Question 34

Failure to deny or allege insufficient knowledge constitutes:

Answer 34

an admission.

Question 35

Affirmative defenses, like complaints, must be stated:

Answer 35

in a short and plain statement (or - if fraud - must be specific)

Question 36

Counterclaims are:

Answer 36

claims for relief brought by original Defendant against original Plaintiff

Question 37

A compulsory counterclaim is:

Answer 37

a claim that arises out of the same transaction or occurrence. It MUST be made or it is waived.

Question 38

A permissive counterclaim is:

Answer 38

a claim that defendant may have against plaintiff, but it is not from the same transaction or occurrence as P’s lawsuit. It may be brought now or as a separate lawsuit.

Question 39

A cross-claim is:

Answer 39

A claim by one party against a co-party.

It must arise out of the same transaction or occurrence.

Question 40

In Florida, cross-claims are permissive or mandatory?

Answer 40

Permissive. May be brought now, or as another action.

Question 41

If defendant has not raised any affirmative defenses, then:

Answer 41

a reply is not needed.

Question 42

If defendant has raised affirmative defenses and plaintiff wants to den the affirmative defense, then:

Answer 42

a reply is not needed.

Question 43

A reply is only necessary when:

Answer 43

Plaintiff has a defense to an affirmative defense.

Question 44

In a case concerning property, venue is proper:

Answer 44

In the county where the property is located