Florida Civil Procedure

Unless matter is in exclusive jurisdiction of county courts, county courts have subject matter jurisdiction over civil actions where amount in controversy does not exceed

Jurisdictional limit of small claims court is

County courts have subject matter jurisdiction over dissolution of marriage when dissolution proceeding is

County courts have subject matter jurisdiction over all violations of which ordinances?

Subject matter jurisdiction for all civil matters in Florida is established by

Circuit courts have subject matter jurisdiction over actions involving legality of any

Circuit courts have subject matter jurisdiction over __________, including probate, guardianship, and incompetence.

Circuit court hears appeals from county courts unless the appeals concern orders that declare invalid a __________ or are certified as ___________ to the district court of appeals.

District courts of appeal have direct review of _____________ when provided by statutory law.

District courts of appeal have original jurisdiction to issue any writs necessary to ___________.

In the Florida Supreme Court, ________ justices constitute a quorum, and at least ________ justices must agree to render a binding decision.

Florida Supreme Court has appellate jursidiction over _________ sentences, orders declaring a __________ invalid, ___________ proceedings, and decisions of state agencies governing ____________.

Florida Supreme Court has discretionary review of orders upholding a ________, orders construing a provision of the ______________, orders affecting a class of ____________, conflicts in case law between ________, questions certified by ______________, trial court decisions certified by the district court of appeal as having _____________, and questions certified by __________ appellate courts.

Florida Supreme Court may issue any necessary writs except writs of _________.

• A.

  Certiorari

• B.

  Mandamus

• C.

  Quo warranto

• D.

  Prohibition

• E.

  Habeas corpus

Upon the governor's request, the Florida Supreme Court may issue ____________ that interpret ___________ regarding the governor's powers and duties.

In general, jurisdiction may attach when ______________ have been met and the state authorizes the exercise of ________________.

Considerations of jurisdiction usually focus on whether defendant _________ established contacts in Florida, availed himself of the ____________ of Florida, and whether defendant should ______________ being compelled to litigate in Florida

In personam jurisdiction may be acquired by _________ of the defendant, presence of the defendant for _________, __________ of a person in Florida, ____________ within the state, ____________ existence, or a __________ statute.

Consent of the defendant to in personam jursidiction may be obtained when a nonresident is _____________ on Florida roads operating _________ or ___________ craft.

For in personam jurisdiction, corporate existence requires ________________ with the state or having a __________________ within the state.

For in personam jursidiction, long-arm statutes apply in marital dissolution or child support actions if the defendant ___________ in the state prior to commencing the action or maintains a ___________________ in Florida at the time the action commenced.

For in personam jursidiction, long-arm statutes apply in paternity actions if the defendant engages in __________________ in Florida with respect to which a child may have been ______________.

A defendant engaged in ______________ and not _____________ activity in Florida (interstate, intrastate, or otherwise) is subject to jurisdiction of Florida courts, whether or not claim arises from that activity.

Any person, firm, or corporation that sells, consigns, or leases property through brokers, jobbers, wholesalers, or distributors to any person, firm or corporation is ___________________ to be engaged in ___________ and not ____________ activities within the state and operating, conducting, enegaging in, or carrying on a ________________ in Florida.

In rem actions require notice to ___________ of the parties who might have an interest in the property

• A.

  None

• B.

  A few

• C.

  Some

• D.

  Most

• E.

  All

In a quasi-in-rem action, if a defendant _________ in the state to defend the action, Florida gains in personam jursidiction over the defendant.

An action may be dismissed for forum non conveniens if the court finds another forum has jurisdiction over the _________ case, the court finds all relevant factors of ________ interest favor the other forum, or, if the balance of __________ interests is nearly equal, ___________ interests favor the alternative forum.

For statute of limitations purposes, an action dismissed for forum non conveniens in Florida is treated as though it was filed in the alternative forum on the date it was actually _____________ in Florida court.

Venue choice is the right of the _____________ and must be set out in the ____________.

In determining where a cause of action accrues, look to where the _______________ comprising the cause of action occurs.

An action against a _________________ may be brought in any county.

Venue in actions against the state and its political subdivisions, agencies, and officers, and against municipal corporations, are limited to the counties where their _____________ or _____________ are located.

Under the home venue privilege, in suits against the state, or agency or subdivision of the state, venue is proper only where the state, agency, or subidivision maintans its ____________________.

Objections to venue are waived if not raised by a motion to _______ or __________ the action, or by an ____________ in the answer or other initial responsive pleading.

A Change of venue may be requested due to ____________ concerns, _____________ jury problems, or ______________ of the parties or witnesses.

If an action is filed in the wrong court or county, it may be transferred to the appropriate court or county by _________ of ____________.

Process is not valid unless __________ by the clerk or judge and the court's _________ is affixed.

If service of process is not made on a defendant within ____________ days after filing the initial pleading, the only exception to the requirement arises when serving party shows _____________ or __________ why service of process was not accomplished in a timely manner.

If not made by an officer, does failure to make proof of service affect the validity of service?

• A.

  Yes

• B.

  Sometimes

• C.

  No

Nonresident witnesses or parties are _________ from personal service of process while attending or traveling to or from a civil or criminal proceeding.

Service of process on a party may be made by ____________ a copy of it to the person to be served together with a copy of the _____________, or by leaving copies at his ______________ with any person residing therein who is ______ years of age or older, and informing the person of their contents

Substitute service on spouse of party to be served may be made if the cause of action is not an _____________ between the spouse and the person to be served, the spouse ______________ such service, and the spouse and the person to be served are residing ____________ in the same dwelling.

Every domestic or foreign corporation qualified to transact business in Florida must designate a registered _________ and a registered _________ for service of process.

Service of process on a partnership may be accomplished by serving any ___________.

Service of process on a limited partnership is accomplished by serving any _______________ or the ________ for service of process specified in its certificate of limited partnership, or if none can be found with exercise of reasonable diligence, serving the ________________.

When the state has consented to be sued, process against the state must be served on the _____________ or an _______________ for the judicial circuit within which the action is brought and by sending two copies by registered or certified mail to the ______________.

A defendant may _________ service by mail and _________ formal service of process requirements.

For a plaintiff to request defendant waive service of summons, notice and request must be in __________ addressed directly to defendant, dispatched by __________ mail, be accompanied by a copy of the _________, inform the defendant of the ____________ of compliance or failure thereof, state the _______ on which the request is sent, allow the defendant _______ days from date of receipt to respond, and provide defendant with an extra copy of the notice, request, and a prepaid means of written compliance.

Defendant who, before being served, timely returns a waiver is not required to respond to the complaint until ________ days after the date the defendant received the waiver of service.

• A.

  20

• B.

  40

• C.

  60

• D.

  120

• E.

  180

Service by publication is _____ permissible when personal service can be effected.

• A.

  Never

• B.

  Probably

• C.

  Sometimes

• D.

  Always