Bar Exam Masters Questions

Question 1

Who completes the civil cover sheet when a party appears pro se?

Answer 1

The clerk.

Question 2

Within what time-frame must a defendant return a waiver of formal service?

Answer 2

Within 20 days of receipt.

Question 3

What is the interpleader process?

Answer 3

• The stakeholder deposits the property or money in court, recovers costs and attorney’s fees, then disappears for the claimants to litigate over who gets the property.

Question 4

What is interpleader?

Answer 4

A device by which persons having conflicting claims against a stakeholder may be joined as defendants and required to interplead so that the stakeholder may avoid exposure to double liability.

Question 5

Who may bring an interpleader action?

Answer 5

The stakeholder may bring the action as a plaintiff, suing the claimants as defendants. Alternatively, should a claimant first sue the stakeholder he may as a defense measure (by counterclaim) turn the suit into an interpleader action.

Question 6

Interpleader is…

Answer 6

a two-stage action.

• In the first stage, it is determined whether the requirements of interpleader are satisfied
• In the second stage the claimants litigate to determine their rights in the fund or property

Question 7

When the prevailing party recovers attorney’s fees because the opposing party’s claim or defense was not supported by facts or the law, who pays the award?

Answer 7

The losing party 50/50 with his or her lawyer unless the lawyer acted in good faith based on what the client told him or her.

Question 8

Where is a nonparty deposed?

Answer 8

In the county of his or her residence unless agreed otherwise.

Question 9

When a court orders a party against whom judgment is entered to complete the statutory form, when must it generally be completed?

Answer 9

45 days (don’t know what this is referring to?)

Question 10

When is the court not permitted to grant a motion to enlarge time to file?

Answer 10

The court may not extend the time for making a motion for new trial, for rehearing, or to alter or amend a judgment; making a motion for relief from a judgment; taking an appeal or filing a petition for certiorari; or making a motion for a directed verdict.

Question 11

Enlargement

Answer 11

Any time prescribed may be enlarged by the court with or without motion if a request is made before the time expires. If the request is made after the time expires, a motion is required and will be granted only for excusable neglect. The court may not extend the time for:

• Motion for belated directed verdict;
• motion for new trial or rehearing;
• sua sponte grant of new trial;
• motion for amendment of judgment;
• motion for relief from judgment;
• notice of appeal; or
• petition for certiorari

Question 12

When is personal jurisdiction found if a nonresident does something outside of Florida that causes an injury within Florida?

Answer 12

When the defendant is engaged in solicitation or service activity in Florida OR its products are used in Florida in the ordinary course of business (i.e. goes to minimum contacts analysis).

Question 13

When is a motion for judgment on the pleadings timely?

Answer 13

After the pleadings are closed, but within such time as not to delay the trial.

Question 14

What is a motion for judgment on the pleadings (defense motion)

Answer 14

A motion for judgment on the pleadings is available after the pleadings are closed, but not so late as to delay the trial. This motion tests the legal sufficiency of the claim or defense stated, NOT the factual support for the allegations

Question 15

If the court decides to dismiss a necessary party rather than proceed without him or her, what is the absentee called?

Answer 15

An indispensable party

Question 16

When may two co-defendants be joined in the same civil case?

Answer 16

When they each have an interest adverse to the plaintiff.

Question 17

Within what time-frame is there a right to implead?

Answer 17

Within 20 days of serving the answer.

Question 18

What is impleader?

Answer 18

A device a defendant may (but is not required to) use to bring in a person not a party to the action who is or may be liable to the defendant for all or part of the plaintiff’s claim against her. She does so by filing a third-party complaint and having it served upon the third-party defendant.

Question 19

Is a motion necessary for impleader?

Answer 19

No motion is necessary if the defendant files the third-party complaint within 20 days of filing her answer. Otherwise a motion is necessary and depends on the discretion of the court

Question 20

What defenses can the third-party defendant raise

Answer 20

The TPD may defend the action by asserting that he is not liable to the defendant. He may also assert against the plaintiff any defense that the D has against the P whether or not the D herself raises it.

Question 21

What are the four requirements for class actions?

Answer 21

1. Numerosity,
2. Commonality,
3. Typicality, and
4. Adequate representation

(CANT)

Question 22

When is there a duty to supplement one’s answers in discovery?

Answer 22

Only if the answers were incomplete when made.

Question 23

When is there a duty to supplement responses?

Answer 23

There is no duty to supplement responses except as to responses discovered to have been incomplete when made.

• If a response was complete when made, there is no duty to supplement with information thereafter acquired

Question 24

When may an absentee intervene in a case?

Answer 24

When his or her interest may be affected by the judgment in a practical way.

Question 25

What is intervention?

Answer 25

A device by which a nonparty enters the case on his own motion. It is NOT compulsory. It is discretionary with a court whether to permit the intervention.

Question 26

Who may intervene?

Answer 26

To intervene, a person must be in a position such that “he will gain or lose by the direct legal operation and effect of the judgment.”

Question 27

When may/must a motion to intervene be made?

Answer 27

A motion to intervene in a jury trial may be made any time up to verdict. In a nonjury trial, it may be made any time up to final judgment.

Question 28

What is the effect of intervention?

Answer 28

An intervenor takes the full status of a party, but the intervention is in subordination to, and in recognition of, the main action, unless otherwise ordered by the court.

• The intervenor takes the case as he finds it

Question 29

How must a party seek to stay judgment pending appeal?

Answer 29

File supersedeas bond in the amount of judgment plus 15%

Question 30

Is there an automatic stay pending appeal?

Answer 30

No.

Question 31

In any certified civil class action, the trial court, upon the posting of a bond or equivalent surety MUST

Answer 31

stay execution of any judgment entered for punitive damges pending the completion of any appellate review of the judgment. The required bond is the lesser of:

1. the amount of the punitive damages judgment, plus twice the statutory rate of interest; or
2. 10% of the net worth of the defendant.

Question 32

What is the effect of voluntary dismissal on a lis pendens?

Answer 32

It is automatically cancelled.

Question 33

How much specificity must a party provide in serving a request to produce on an opposing party?

Answer 33

Reasonable particularity as to the nature of the requested documents as well as the method and manner by which they are sought.

Question 34

When does a plaintiff have a right to amend the complaint?

Answer 34

Once before defendant serves an answer.

Question 35

What are the four types of extraordinary remedies in Florida?

Answer 35

• Writs of mandamus;
• Prohibition;
• Quo warranto; and
• Habeas corpus