Kahoots and Quizes Flashcards

1
Q

Which entity has the authority to adopt rules of practice and procedure for the Florida courts?
a. The Florida Legislature
b. The Governor
c. TheFlorida Supreme Court
d. The Florida Bar Civil Rules Committee

A

c. TheFlorida Supreme Court

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2
Q

The dismissal with prejudice of a prematurely filed claim bars a subsequent action once the claim has ripened.
True or False?

A

False

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3
Q

Where the passage of time will cure the premature nature of a claim, the matter should be abated and not dismissed
True or False?

A

True.

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4
Q

Governmental entities CANNOT waive or be estopped from asserting statutory claim notice requirements.
True or False?

A

False

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5
Q

Which of the following are required for waiver or estoppel to assert compliance with statutory notice requirements?
a. Actual knowledge of the claim
b. Investigation of the claim
c. Detrimental reliance by the plaintiff
d. All of the above

A

d. All of the above

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6
Q

The multiple publication rule should be applied to determine the statute of limitations on a credit slander claim.
True or False?

A

True

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7
Q

Manifestation is used to determine when the SOL begins to run in cases involving a latent or “creeping” disease.
True or False

A

True

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8
Q

Insurers do NOT stand in shoes of their insured with respect to the SOL in a subrogation action against the tortfeasor.
True or False?

A

False

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9
Q

The defendant’s absence from Florida tolls the running of the SOL.
True or False

A

False

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10
Q

The “delayed discovery” doctrine tolls the SOL until the plaintiff either knows or reasonably should know of the claim.
True or False?

A

False

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11
Q

Where can a tort action against the State of Florida and its political subdivisions be commenced?

a. Where the cause of action accrued
b. Where the plaintiff resides
c. Where the property in litigation is located
d. In the county where the entity maintains its principal headquarters

A

d. In the county where the entity maintains its principal headquarters

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12
Q

True or False:
“Substantive law” is the method of conducting litigation involving rights and corresponding defenses

A

False

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13
Q

True or False
It is NOT necessary for ALL elements of a cause of action to exist and be complete before commencing an action

A

False

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14
Q

True or False
The dismissal on the pleadings of a prematurely filed claim does NOT constitute an adjudication on the merits

A

True

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15
Q

True or False
The dismissal on the pleadings of a prematurely filed claim does NOT constitute an adjudication on the merits

A

False

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16
Q

Which of the following factors are NOT considered under the “significant relationships” test?
a. The place where the injury occurred
b. The location of the lawyer’s office
c. The domicile of the parties
d. The place where the relationship was centered

A

b. The location of the lawyer’s office

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17
Q

Which of the following are NOT pleadings?
a. Complaint
b. Motion to Dismiss
c. Counter-Claim
d. Answer

A

b. Motion to Dismiss

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18
Q

Which of the following is NOT REQUIRED in a CLAIM FOR RELIEF?
a. A short and plain statement of the basis for the court’s jurisdiction
b. A demand for judgment for the relief sought by the pleader
c. Allegations of the ultimate facts showing entitlement to relief
d. Any affirmative defense or avoidance

A

d. Any affirmative defense or avoidance

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19
Q

True or False
Statute of limitations begins to run upon accrual of cause of action

A

True

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20
Q

True or False
Application of the delayed discovery doctrine tolls the statute of limitations

A

False

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21
Q

True or False
An insurance company in a subrogation action stands in shoes of its insured with respect to the statute of limitations

A

True

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22
Q

True or False
A cause of action ACCRUES when the last element constituting the cause of action occurs

A

True

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23
Q

True or False
A cause of action is commenced when the defendant is served with a summons and complaint

A

False

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24
Q

True or False
A party CANNOT seek both LEGAL remedies and EQUITABLE remedies in the same action

A

False

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25
Q

True or False
Verification of ALL pleadings is REQUIRED under the Florida Rules of Civil Procedure

A

False

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26
Q

Which of the following are REQUIRED to estop a government entity from asserting statutory claim notice requirements?
a. Pursuit of an Investigation
b. The existence of insurance to cover the claim
c. Detrimental reliance by the plaintiff
d. Both a and c above

A

d. Both a and c above

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27
Q

True or False
If the premature nature of an action is curable simply by the passage of time, the matter should be ABATED

A

True

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28
Q

True or False
All elements of a cause of action must exist and be complete before an action may properly be commenced

A

True

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29
Q

True or False
Procedure encompasses the course, form, manner, means, method or process by which a party enforces substantive rights

A

True

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30
Q

True or False
A FOREIGN corporation MAY be sued in a county where it has an agent or other representative

A

True

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31
Q

Where MAY a DOMESTIC corporation be sued?
a. Where it keeps an office for transaction of its customary business
b. Where the cause of action accrued
c. Where the property in question is located
d. All of the above

A

d. All of the above

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32
Q

When is service of pleadings by email COMPLETE?
a. Service is complete on the date it is sent
b. Service is complete on the date of receipt of a delivery receipt
c. Service through the Portal is complete on the date of electronic filing
d. Both a and c above

A

d. Both a and c above

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33
Q

How can the time for completing an act required by the rules or a court order be enlarged after it has EXPIRED?
a. By showing ONLY good cause
b. By showing ONLY excusable neglect
c. By showing BOTH good cause AND excusable neglect
d. None of the above

A

c. By showing BOTH good cause AND excusable neglect

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34
Q

True or False
A motion must ALWAYS be in writing

A

False

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35
Q

Which of the following is TRUE about motions?
a. It is an application to the court for an order
b. A motion MUST state the grounds for it with particularity
c. A motion MUST set forth the relief or order sought
d. All of the above

A

d. All of the above

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36
Q

True or False
The BEST PRACTICE for establishing excusable neglect is through the use of supporting affidavits

A

True

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37
Q

True or False
Parties get an extra 5 days to perform tasks or comply with court orders after service by email

A

False

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38
Q

Which of the following are excused from email service of court papers?
a. A pro-se litigant who can demonstrate no internet or email address
b. A party who is in custody and who is not represented by an attorney
c. Upon court order, a lawyer who can show no internet or email address
d. All of the above

A

d. All of the above

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39
Q

True or False
Affirmative defenses limit or excuse a defendant’s civil liability

A

True

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40
Q

True or False
It IS NOT necessary to plead FRAUD with specificity

A

False

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41
Q

Which of the following are affirmative defenses under Rule 1.110?
a. Accord and satisfaction
b. Capacity to sue
c. Punitive damages
d. All of the above

A

a. Accord and satisfaction

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42
Q

True or False
A pleading which sets forth a claim for relief must contain a demand for judgment for the relief sought by the plaintiff

A

True

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43
Q

True or False
A pleading which sets forth a claim for relief CANNOT seek relief in the alternative or of several different types

A

False

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44
Q

True or False
Other than allegations of damages, failure to deny an allegation to which a response is required is deemed an admission

A

True

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45
Q

True or False
A pleading can assert alternate and inconsistent theories of relief

A

True

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46
Q

True or False
A motion is a pleading

A

False

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47
Q

True or False
The Chief Justice of the Florida Supreme Court can enter orders that suspend, extend, toll, or otherwise change time

A

True

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48
Q

True or False
A claim for relief does NOT need to contain a a short and plain statement of the basis for the court’s jurisdiction

A

False

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49
Q

Which of the following MUST be plead with SPECIFICITY?
a. Capacity to sue
b. Malice
c. Special Damages
d. Knowledge

A

c. Special Damages

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50
Q

True or False
A answer raising an affirmative defense must contain a short/plain statement of ultimate facts supporting the defense

A

True

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51
Q

How many days advance notice are required for a deposition?
a. 14 days notice
b. 10 days notice
c. 20 days notice
d. None of the above

A

d. None of the above

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52
Q

Under what circumstances is it appropriate to instruct the witness not to answer a question at a deposition?
a. The question calls for an admissible hearsay response
b. The question asks for evidence protected by privilege
c. The question asks for information that is not relevant
d. The question asks for an answer in the form of an opinion

A

b. The question asks for evidence protected by privilege

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53
Q

Who may attend the deposition of a minor child?
a. The child’s attorney
b. The child’s parents
c. The child’s guardian ad litem
d. All of the above

A

d. All of the above

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54
Q

What is the maximum number of requests for admission that can be served without leave of court?
a. 100
b. 50
c. 30
d. 75

A

c. 30

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55
Q

What is the latest that you can serve a notice of inadvertent disclosure of privileged materials?
a. 20 days after discovering the inadvertent disclosure
b. 30 days after discovering the inadvertent disclosure
c. 10 days after discovering the inadvertent disclosure
d. 14 days after discovering the inadvertent disclosure

A

c. 10 days after discovering the inadvertent disclosure

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56
Q

Which of the following can you obtain from an expert witness through discovery?
a. The expert’s college transcripts
b. The expert’s tax returns
c. The expert’s annual earnings
d. The identity of other cases in which the expert has testified

A

d. The identity of other cases in which the expert has testified

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57
Q

When may a party file information obtained through discovery with the court?
a. Contemporaneously with serving the discovery response
b. At the pretrial conference
c. When allowed or required by court order or rule of procedure
d. No later than 60 days before trial

A

c. When allowed or required by court order or rule of procedure

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58
Q

Which of the following does REQUIRES leave of court?
a. A video deposition
b. The deposition of a prisoner
c. A deposition by communication technology
d. All of the above

A

b. The deposition of a prisoner

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59
Q

Who is NOT permitted to attend a rule 1.360 compulsory examination?
a. counsel for the defendant
b. a court reporter hired by the plaintiff
c. plaintiff’s counsel
d. a videographer hired by the plaintiff

A

a. counsel for the defendant

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60
Q

What alternative responses to a request for admissions are expressly contemplated by the rule?
a. An objection to the request
b. A written response to the request
c. No response at all
d. All of the above

A

d. All of the above

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61
Q

Which of the following is NOT an expert subject to the discovery provisions of rule 1.280?
a. An accident reconstruction engineer
b. A treating physician
c. A physician performing a CME pursuant to rule 1.360
d. A forensic accountant

A

b. A treating physician

62
Q

Which of the following is not a method of discovery authorized under Rule 1.280?
a. Interrogatories
b. Video surveillance
c. Request for admission
d. Depositions on oral questions

A

b. Video surveillance

63
Q

Which of the following are protected by the work product privilege?
a. Incident reports
b. Witness statements
c. Video surveillance
d. All of the above

A

d. All of the above

64
Q

What is the BEST PRACTICE for responding to a request for production of your client’s incident report?
a. Produce the report
b. Object based on relevance
c. Object based on work product, supported by affidavits and privilege log
d. None of the above

A

c. Object based on work product, supported by affidavits and privilege log

65
Q

True or False
You CANNOT use the deposition of an opposing party as substantive evidence at trial

66
Q

True or False
A non-resident plaintiff can be forced to travel to Florida for deposition

67
Q

True or False
You are required to supplement/update your discovery responses promptly upon becoming aware of additional information

68
Q

True or False
A party is NEVER entitled to production of her own statement

69
Q

True or False
You CANNOT exclude the parents of a minor child from the minor child’s deposition

70
Q

True or False
Speaking objections that suggest the answer are permitted in depositions

71
Q

True or False
The court can assess attorneys fees and costs against the party that fails to subpoena a non-party witness to deposition

72
Q

True or False
The deposition of a party may be used by an adverse party for any purpose

73
Q

True or False
Interrogatories may be propounded to non-parties

74
Q

True or False
The court has the power to resolve objections made by a PARTY to a rule 1.351 notice of production from non-party

75
Q

True or False
The party requesting a Rule 1.360 examination has the right to attend the examination and document it

76
Q

True or False
A party can serve as many as 60 requests for admission, exclusive of subparts

77
Q

True or False
A court should only strike pleadings for failure to comply with a discovery order if the conduct was contumacious

78
Q

True or False
A party prevailing on a motion to compel discovery may be entitled to an award of attorney’s fees

79
Q

True or False
Contents of an insurance company claim file are NOT protected as work product

79
Q

True or False
A witness is entitled to a copy of her own statement upon request

80
Q

True or False
You need a court order to take the deposition of a prisoner

81
Q

True or False
Under rule 1.310(b)(6), the witness designated by the entity is not required to possess any personal knowledge

82
Q

True or False
You CANNOT depose additional corporate officers after taking a rule 1.310(b)(6) deposition of the corporation

83
Q

True or False
A court order is required to take a deposition by “communication technology”

84
Q

True or False
Objections during a deposition must be stated in a concise, non-argumentative and nonsuggestive manner

85
Q

True or False
All objections other than to the form of the question during depositions are reserved

86
Q

True or False
A party’s answers to interrogatories CAN be admissible as substantive evidence

87
Q

True or False
Under Rule 1.340(c), a party can answer interrogatories by referring to attached business records

88
Q

Which of the following is necessary in order to justify intervention under Rule 1.230?

a. A direct interest in the outcome of the litigation
b. An indirect interest in the outcome of the litigation
c. An inconsequential interest in the outcome of the litigation
d. A contingent interest in the outcome of the litigation

A

a. A direct interest in the outcome of the litigation

89
Q

Which of the following is an appropriate remedy for claims by or against misjoined parties?

a. Dismissal
b. Abatement
c. Severance
d. An order striking misjoined parties

A

c. Severance

90
Q

What factors must be considered by the court in ruling on a motion to consolidate?

a. Unnecessary costs and delays
b. Whether the litigation will be accelerated due to the consolidation
c. The possibility for inconsistent verdicts
d. All of the above

A

d. All of the above

91
Q

When may a party file documents obtained through discovery?

a. The morning of trial
b. The pretrial conference
c. When filing is allowed by court order or applicable rule of procedure
d. No later than 45 days before trial

A

c. When filing is allowed by court order or applicable rule of procedure

92
Q

Which of the following is NOT an “expert witness” under Rule 1.280?

a. Accident Reconstruction Engineer
b. CME physician
c. Forensic Accountant
d. Treating physician

A

d. Treating physician

93
Q

Which of the following are work product?
a. Incident reports
b. Witness statements
c. Store security camera video
d. Both a and b above

A

d. Both a and b above

94
Q

How much time does a party seeking intervention have to file a notice of appeal after an order denying intervention?

a. 45 days
b. 60 days
c. 30 days
d. 20 days

A

c. 30 days

95
Q

What information are you NOT entitled to obtain through discovery of an expert witness?
a. The expert’s tax returns
b. The substance of the facts and opinions to which the expert will testify
c. A summary of the grounds for each opinion
d. The compensation paid to the expert for her services in the case

A

a. The expert’s tax returns

96
Q

How many days does a party have to assert privilege with respect to inadvertently disclosed materials?
a. Within 20 days of actually discovering the inadvertent disclosure
b. Within 10 days of actually discovering the inadvertent disclosure
c. Within 15 days of actually discovering the inadvertent disclosure
d. Within 30 days of actually discovering the inadvertent disclosure

A

b. Within 10 days of actually discovering the inadvertent disclosure

97
Q

What is the BEST PRACTICE for responding to a request for production of an incident report?
a. Produce the incident report
b. Object based on relevance
c. Object based on work product, supported by affidavits & a privilege log
d. None of the above

A

c. Object based on work product, supported by affidavits & a privilege log

98
Q

What is your LEGAL obligation under the Rules to supplement discovery responses that were true and complete when made?
a. To fully and completely supplement within in a timely manner
b. To fully and completely supplement the discovery response within 30 days
c. There is NO duty to supplement if the response was true and correct
d. To fully and completely supplement the discovery response within 45 days

A

a. To fully and completely supplement within in a timely manner

99
Q

Which of the following can you obtain from an expert witness through discovery?
a. The expert’s college transcripts
b. The expert’s tax returns
c. The expert’s annual earnings from all sources of income
d. The identity of other cases in which the expert has testified

A

d. The identity of other cases in which the expert has testified

100
Q

What factors should NOT be considered by a court in deciding whether to allow intervention under the test of liberality?
a. The residency and citizenship of the party seeking to intervene
b. The size of the interest
c. Potential for conflict or new interests
d. The source of the interest

A

a. The residency and citizenship of the party seeking to intervene

101
Q

True or False
Convenience of the lawyers is NOT a factor to considered by the court in ruling on a motion to consolidate

102
Q

True or False
An expert witness must provide you with her college transcripts if requested in discovery

103
Q

True or False
Incident reports prepared in anticipation of litigation are work product

104
Q

True or False
A party responding to discovery with a response that was complete must supplement when learning of new information

105
Q

True or False
The court should consider the possibility of inconsistent verdicts in ruling on a motion to consolidate

106
Q

True or False
A court can consolidate actions from 2 different judicial circuits

107
Q

True or False
Motions to consolidate MUST be made before trial

108
Q

True or False
Interpleader requires ONE stakeholder, multiple claimants, and potential liability to ONLY one claimant

109
Q

A party is NOT entitled to a copy of her own statement

110
Q

True or False
Under Rule 1.280(b)(1), the scope of discovery is limited to matters that would be admissible at trial

111
Q

How much advance notice is required for a deposition?
a. 10 days
b. 20 days
c. 30 days
d. None of the above

A

d. None of the above

112
Q

Under what circumstances is counsel permitted to instruct a witness to not answer a question at deposition?a. the question asks for inadmissible hearsay testimony
b. The question asks for privileged information
c. The question asks for an answer in the form of an opinion.
d. The question is not relevant to the issues in the case

A

b. The question asks for privileged information

113
Q

Who may attend the deposition of a minor child?

a. the minor’s attorney
b. the minor’s parents
c. the minor’s guardian
d. All of the above

A

d. All of the above

114
Q

How many days following service of process on any defendant does a plaintiff need to wait before taking depositions?

a. 30 days
b. 60 days
c. 90 days
d. 120 days

A

a. 30 days

115
Q

Which of the following ALWAYS REQUIRES leave of court?

a. A deposition by “communications technology”
b. The deposition of a prisoner
c. The deposition of a minor child
d. An audiovisually recorded deposition

A

b. The deposition of a prisoner

116
Q

True or False
A non-party must be served with a witness subpoena before being required to appear for a deposition

117
Q

True or False
Any objections NOT made on the record at a deposition are considered forever waived

118
Q

True or False
A deposition under Rule 1.310(b)(6) REQUIRES production of the witness with the MOST knowledge

119
Q

True or False
You CAN exclude the parents/guardians of a minor from a deposition of the child without a court order

120
Q

True or False
A court MUST grant separate trials on the issues of ENTITLEMENT to punitive damages and the amount of punitive damages

121
Q

Who can make a motion for substitution of parties on behalf of a deceased party?
a. Counsel for the deceased party
b. Counsel for the party opposing the deceased party
c. The personal representative of the deceased party
d. All of the above

A

d. All of the above

122
Q

How much time do you have to file a motion for substitution of parties after someone files a suggestion of death?
a. 20 days
b. 30 days
c. 90 days
d. 60 days

A

c. 90 days

123
Q

Which of the following are methods of discovery authorized under rule 1.280(a)?
a. Interrogatories
b. Video surveillance
c. Requests for production
d. Both a and c above

A

d. Both a and c above

124
Q

Which defenses can be made by motion at the option of the pleader?
a. Failure to mitigate damages
b. Comparative negligence
c. Failure to perform all conditions precedent
d. Failure to join an indispensable party

A

d. Failure to join an indispensable party

125
Q

Which defenses are waived if not raised in the initial responsive pleading or motion?
a. Lack of jurisdiction over the person
b. Lack of subject matter jurisdiction
c. Improper venue
d. Both a and c

A

d. Both a and c

126
Q

What entity has the authority to adopt rules of practice and procedure in the Florida courts?
a. The Florida Legislature
b. The Governor
c. The Florida Supreme Court
d. The Florida Bar Civil Procedure Rules Committee

A

c. The Florida Supreme Court

127
Q

Where can an action against the State of Florida and its political subdivisions be commenced?

a. Where the cause of action accrued
b. Where the plaintiff resides
c. Where the property in question is located
d. In the county where the state, agency or political subdivision
maintains its principal headquarters.

A

d. In the county where the state, agency or political subdivision maintains its principal headquarters.

128
Q

Under which of the following circumstances is the state of Florida and/or its agencies or subdivisions NOT entitled to home venue privilege?
a. Actions in which the state, its agency or political subdivision allegedly acts as a “sword wielder”
b. Actions in which the state, its agency or subdivision has committed a tortious act
c. Actions in which it has been alleged that the state, its agency or subdivision has breached a contract
d. Actions in which the political subdivision is a municipal corporation

A

a. Actions in which the state, its agency or political subdivision allegedly acts as a “sword wielder”

129
Q

Which of the following must be asserted in a pleading which sets forth a claim for relief?
a. A statement of the court’s jurisdiction
b. A demand for judgment
c. A short and plain statement of the ultimate facts showing that the pleader is entitled to relief
d. All of the above

A

d. All of the above

130
Q

Which of the following MUST be alleged with particularity?
a. Fraud.
b. Capacity of a party to sue or be sued
c. Performance or occurrence of conditions precedent
d. Malice

131
Q

Which of the following are potential outcomes if a case is filed before it is ripe?

a. Dismissal without prejudice
b. Abatement until the claim matures
c. Dismissal with prejudice if the action has proceeded to trial on the merits
d. All of the above

A

d. All of the above

132
Q

Under Rule 1.120, which of the following MAY be pled generally?
a. A party’s capacity to sue or be sued
b. Special damages
c. Mistake
d. Failure to perform conditions precedent

A

a. A party’s capacity to sue or be sued

133
Q

When is a cause of action COMMENCED?
a. When the complaint or petition is filed
b. When the filing fee is paid
c. When the complaint or petition is served on the defendant c. When the complaint or petition is served on the defendant
d. None of the above

A

a. When the complaint or petition is filed

134
Q

Which of the following are PLEADINGS permitted under Rule 1.100?
a. Complaint
b. Motion to Dismiss
c. Motion for Summary Judgment
d. All of the above

A

a. Complaint

135
Q

Which of the following is true with respect to a motion seeking relief from the court?
a. The motion must be made in writing unless made during a hearing or trial
b. The motion must state with particularity the grounds for it
c. The motion must set forth relief or order sought
d. All of the above

A

d. All of the above

136
Q

Under Rule 1.310, how much advance notice is required for a deposition?

a. Rule 1.310 requires 14 days notice
b. Rule 1.310 requires 10 days notice
c. Rule 1.310 requires “reasonable notice of depositions without specifying what constitutes reasonable notice
d. Rule 1.310 7 days notice

A

c. Rule 1.310 requires “reasonable notice of depositions without specifying what constitutes reasonable notice

137
Q

Under what circumstances is a party’s counsel permitted to instruct a witness to not answer a question during a Rule 1.310 deposition upon oral examination?
a. the question asks for hearsay testimony that would be inadmissible at trial
b. the question asks for evidence protected by privilege
c. the question asks the witness for an opinion concerning the ultimate legal issue in the case
d. the question asked for information that is not relevant

A

b. the question asks for evidence protected by privilege

138
Q

How many days following service of process and initial pleading on any defendant does a plaintiff need to wait before taking depositions without first obtaining leave of court?
a. 10 days
b. 20 days
c. 30 days
d. 45 days

A

c. 30 days

139
Q

Which of the following is an appropriate remedy for claims by or against misjoined parties?
a. Dismissal.
b. Severance.
c. An order striking the misjoined parties
d. Abatement.

A

b. Severance.

140
Q

You have learned that your office inadvertently disclosed privileged materials in response to the opposing party’s discovery request. How many days after actually discovering the inadvertent disclosure do you have to serve written notice of the assertion of privilege on the party to whom the materials were disclosed?
a. 20 days
b. 30 days
c. 10 days
d. 14 days

A

c. 10 days

141
Q

By reading the newspaper, you’ve learned that the opposing party in a lawsuit has died. You then file a suggestion of death in the pending lawsuit. What must opposing counsel do in response to the filing of the suggestion of death?

a. File a motion for substitution within 90 days after the death is suggested upon the record
b. within 90 days of the suggestion of death, request an extension of time for substitution to commence probate proceedings and obtain appointment of a representative appropriate for substitution
c. within 90 days of the suggestion of death, request that the action be abated until the estate or a proper legal representative has been substituted
d. any of the above

A

a. File a motion for substitution within 90 days after the death is suggested upon the record

142
Q

Which of the following is NOT an expert witness subject to the discovery provisions of Rule 1.280?
a. Accident reconstruction engineer
b. treating physician
c. physician performing a CME pursuant to Rule 1.360
d. a and c above

A

b. treating physician

143
Q

Which of the following are protected by the work product privilege?
a. Incident reports
b. witness statements
c. surveillance films
d. all of the above

A

d. all of the above

144
Q

Which of the following is necessary in order to justify intervention under Rule 1.230?
a. An indirect interest in the outcome of litigation
b. a direct interest in the outcome of the litigation, such that the intervenor will either gain or lose by the direct legal operation and effect of the judgment
c. an inconsequential interest in the outcome of litigation
d. a contingent interest in the outcome of the litigation

A

b. a direct interest in the outcome of the litigation, such that the intervenor will either gain or lose by the direct legal operation and effect of the judgment

145
Q

What factors should be considered by the court in determining whether to grant a motion for consolidation under Rule 1.270?
a. Whether consolidation will result in unnecessary costs and delays
b. the possibility of inconsistent verdicts
c. whether consolidation would eliminate duplicative trials that involve substantially the same core of operative facts and questions of law
d. all of the above

A

d. all of the above

146
Q

You are defending a retail store in a slip and fall lawsuit. Plaintiff’s counsel has requested the production of “the accident or incident report relevant to the accident.” What is the BEST PRACTICE for responding to this request?

a. Produce the incident report
b. file a timely objection or motion for protective order claiming work product privilege, supported by an affidavit and a contemporaneous privilege log
c. file an objection based on relevance
d. none of the above

A

b. file a timely objection or motion for protective order claiming work product privilege, supported by an affidavit and a contemporaneous privilege log

147
Q

You are representing a party in a civil matter. The action is pending in Orlando. The opposing party has scheduled the deposition of a non-party witness in Key West. You travel to the scheduled deposition in Key West, but the witness does not attend. You then learn that opposing counsel failed to serve the nonparty witness with a subpoena. What is your BEST course of action?

a. File a separate motion to hold the witness in contempt
b. File a motion requesting the court to order the opposing party to pay the reasonable expenses, including attorney’s fees, incurred in attending the deposition
c. Make the most of the situation by taking opposing counsel to Captain Tony’s to discuss the possibility of settlement over drinks
d. file a motion requesting that the witness be excluded from testifying at trial

A

b. File a motion requesting the court to order the opposing party to pay the reasonable expenses, including attorney’s fees, incurred in attending the deposition

148
Q

You are representing a party in a civil matter. You intend to serve interrogatories to the opposing party to learn information about the opposing party’s expert. Which of the following can you learn about the opposing party’s experts via interrogatories?

a. The identity of each person whom the other party expects to call as an expert witness at trial
b. the subject matter on which the expert is expected to testify
c. the substance of the facts and opinions to which the expert is expected to testify
d. all of the above

A

d. all of the above

149
Q

Opposing counsel has produced documents in response to a discovery request. Opposing counsel has now filed a notice of inadvertent disclosure with respect to certain privileged documents. What are you required to do upon receipt of this notice?

a. You are required to promptly return, sequester or destroy the materials specified in the notice, as well as any copies of the materials
b. you are required to notify any other party, person or entity to whom you have disclosed the materials of the fact that the notice has been served and of the effect of the notice
c. return the original documents only you after you have made copies for you and your client.
d. both a and b

A

d. both a and b

150
Q

Which of the following must be present in order to support an interpleader action under Rule 1.240?
a. A stakeholder, multiple claimants and potential liability on the part of the stakeholder to more than one claimant
b. A stakeholder, multiple claimants and potential liability to only one claimant
c. A stakeholder, multiple claimants and no liability on the part of the stakeholder to any claimant
d. Both b and c

A

b. A stakeholder, multiple claimants and potential liability to only one claimant