Kahoots Post Midterm

Question 1

True or False
The right to a trial by jury is NOT preserved by the Florida Constitution

Answer 1

False

Question 2

True or False
You CAN use a peremptory challenge to excuse a potential juror based on their race or ethnicity

Answer 2

False

Question 3

How many members are on a Florida civil trial jury?
a. 6
b. 10
c. 12
d. 15

Answer 3

a. 6

Question 4

True or False
You CANNOT waive the right to a civil jury trial

Answer 4

False

Question 5

How can you demand a civil trial by jury?
a. The plaintiff can demand a jury trial in her complaint
b. The defendant can demand a jury trial in her answer
c. Through service of a separate demand for jury trial
d. All of the above

Answer 5

d. All of the above

Question 6

What is the LATEST that a party can demand a civil jury trial?
a. The plaintiff can demand a jury trial no later than her complaint
b. The defendant can demand a jury trial no later than her answer
c. No later than 10 days after the last pleading directed to the issue
d. None of the above

Answer 6

c. No later than 10 days after the last pleading directed to the issue

Question 7

True or False
The opponent of a peremptory strike always is REQUIRED to show discriminatory intent by the party exercising the strike.

Answer 7

True

Question 8

True or False
Failure to timely demand a trial by jury results in a WAIVER of the right to trial by jury

Answer 8

True

Question 9

True or False
The court may, in its discretion, allow an amendment to the pleadings to demand a trial by jury

Answer 9

True

Question 10

True or False
A demand for trial by jury MAY be withdrawn without the consent of the parties.

Answer 10

False

Question 11

True or False
Objections to the discriminatory use of a peremptory challenge must be renewed before the jury panel is sworn.

Answer 11

True

Question 12

True or False
Courts should presume the reason for a peremptory strike is facially neutral and nondiscriminatory.

Answer 12

True

Question 13

True or False
Objections to the refusal to grant a challenge for cause MUST be renewed before the jury panel is sworn.

Answer 13

True

Question 14

How do Florida courts get jurors?
a. From a list of those with a valid state of Florida issued driver license
b. From the list of those holding a valid state of Florida issued ID card
c. From a list of those who signed an affidavit requesting to serve
d. All of the above

Answer 14

d. All of the above

Question 15

True or False
You CANNOT use peremptory challenges to discriminate against jurors based on gender, race, ethnicity or religion.

Answer 15

True

Question 16

True or False
A Florida civil trial jury MUST have SIX (6) members.

Answer 16

True

Question 17

True or False
Plaintiff gets an amount of peremptory challenges equaling the TOTAL of all defense peremptory challenges.

Answer 17

True

Question 18

True or False
A party challenging discriminatory use of a peremptory challenge MUST make a specific and timely objection.

Answer 18

True

Question 19

True or False
Florida jurors must be a MINIMUM of 21 years old.

Answer 19

False. Must be a minimum of 18 years old.

Question 20

True or False
A party opposing the discriminatory use of peremptory challenge MUST show that the juror is a member of a distinct group.

Answer 20

True

Question 21

True or False
Floridians over the age of 65 may be permanently excused from jury duty.

Answer 21

False. Over the age of 70.

Question 22

True or False
Juror lists are created and maintained by the clerk of courts.

Answer 22

True

Question 23

True or False
State court jurors in Florida MUST also be citizens of the United States.

Answer 23

True.

Question 24

True or False
A party may request a trial by jury no later than 10 days after service of the last pleading directed to the issue.

Answer 24

True

Question 25

True or False The Governor IS eligible for jury duty.

Answer 25

False

Question 26

True or False Judges are NOT eligible for jury duty.

Answer 26

True

Question 27

True or False Under Florida law, the lawyers have the ABSOLUTE right to question the prospective during voir dire.

Answer 27

True

Question 28

True or False Arbitrary time limitations on voir dire examination are NOT appropriate.

Answer 28

True

Question 29

True or False You need NOT object to arbitrary time limits on voir dire to preserve any issues for appeal.

Answer 29

False

Question 30

True or False It is error to deny a party the “right” to question prospective jurors individually, rather than as a group.

Answer 30

True

Question 31

Which of the following MUST be done to preserve "cause" challenges for appellate review? a. Use a peremptory challenge to strike the juror b. Exhaust your remaining peremptory challenges c. Request an additional peremptory challenge for a specific juror d. Your request for an additional peremptory challenge must be refused e. You must renew your objection before the jury is sworn f. All of the above

Answer 31

f. All of the above

Question 32

True or False Each party gets 3 peremptory challenges

Answer 32

True

Question 33

True or False Potential errors concerning improper use of peremptory challenges may be waived if not properly preserved.

Answer 33

True

Question 34

True or False You must renew objections to the use of peremptory challenges before the panel is sworn.

Answer 34

True

Question 35

True or False The rules provide for the selection of one to two alternate jurors.

Answer 35

True

Question 36

True or False Alternates are permitted to participate in the verdict.

Answer 36

False

Question 37

True or False EACH PARTY has TWO peremptory challenges per alternate juror or jurors.

Answer 37

False. Each party has one peremptory challenge per alternate juror(s).

Question 38

True or False “Leftover” peremptory challenges from selection of the main jury CAN also be used to challenge alternate jurors.

Answer 38

False. Rule 1.431 (g) (2) provides that each party has **one peremptory challenge per “alternate juror or jurors”. **

Question 39

True or False Peremptory challenges CANNOT be used for a discriminatory purpose.

Answer 39

True

Question 40

True or False The objecting party must not accept the jury without renewing the objection to the challenged juror.

Answer 40

True

Question 41

True or False Florida jurors are selected from the list of registered voters.

Answer 41

False

Question 42

True or False Florida jurors must be at least 18 years of age.

Answer 42

True

Question 43

True or False Jurors 70 years of age or older are NOT eligible for jury service unless they specifically request to do so.

Answer 43

True

Question 44

True or False A Florida civil trial jury MUST have 12 members.

Answer 44

False.

Question 45

True or False You can ALWAYS use peremptory challenges leftover from selection of the main pool of jurors when selecting alternates.

Answer 45

False.

Question 46

True or False It is REQUIRED that a case be "at issue" before being set for trial

Answer 46

False

Question 47

True or False A party may file a motion seeking a trial date EARLIER than the date set in the case management order

Answer 47

True

Question 48

True or False Any order scheduling a trial term must schedule the the trial to begin NO SOONER THAN 30 DAYS AFTER SERVICE OF THE ORDER

Answer 48

True

Question 49

True or False A motion to set trial date need not state the amount of time requested for the trial

Answer 49

False

Question 50

True or False Motion for directed verdict MUST be made at the close of the evidence offered by the non-moving party

Answer 50

True

Question 51

True or False A party does NOT need to renew its motion for directed verdict at the close of all the evidence

Answer 51

False

Question 52

True or False In considering a motion for directed verdict, the court must resolve all evidence conflicts in favor of the moving party

Answer 52

False

Question 53

True or False A post-trial motion for directed verdict must be filed no later than 15 days after the return of the verdict

Answer 53

True

Question 54

True or False The offeree has 45 days from the date of service in of a Rule 1.442 proposal for settlement to accept or reject the offer

Answer 54

False

Question 55

True or False A party is NOT required to allocate a single proposal for settlement made to multiple offerees

Answer 55

False

Question 56

True or False An award of attorney's fees to a plaintiff under Rule 1.442 MAY include a contingency risk multiplier

Answer 56

False

Question 57

True or False Any objections to a jury instruction must be made at the charge conference

Answer 57

True

Question 58

True or False No party can serve a proposal for settlement any later than 60 days before start of the trial term

Answer 58

False

Question 59

True or False A party can VERBALLY withdraw a Rule 1.442 Proposal for Settlement

Answer 59

False

Question 60

What is the deadline for filing a post verdict motion for directed verdict? a. 10 days after the return of the verdict b. 15 days after the return of the verdict c. 20 days after the return of the verdict d. 30 days after the return of the verdict

Answer 60

b. 15 days after the return of the verdict

Question 61

True or False A motion for summary judgment must be filed no later than 30 days before the date set for hearing the motion

Answer 61

False

Question 62

True or False A party opposing a motion for summary judgment must file its opposition no later than 20 days before the hearing

Answer 62

False

Question 63

When, during the course of trial, must you make a Rule 1.480 motion for directed verdict? a. At the close of the non-moving party’s case in chief b. At the conclusion of closing arguments c. At the close of all the evidence d. Both a and c

Answer 63

d. Both a and c

Question 64

What is the LATEST date that you can serve a Rule 1.442 proposal for settlement? a. No later than the pretrial conference b. No later than 45 days before trial or the 1st day of the trial docket c. No later than 15 days before the trial d. No later than 60 days before the trial

Answer 64

b. No later than 45 days before trial or the 1st day of the trial docket

Question 65

You represent the plaintiff. How soon can you serve a Rule 1.442 proposal for settlement to the defendant? a. No earlier than 30 days after service of process on that defendant b. No earlier than 90 days after service of process on that defendant c. No earlier than 60 days after service of process on that defendant d. No earlier than 45 days after service of process on that defendant

Answer 65

b. No earlier than 90 days after service of process on that defendant

Question 66

What type of evidence will NOT be considered by the court in opposition to a motion for summary judgment? a. Sworn affidavits based on personal knowledge of the witnesses b. Live testimony at the hearing on the motion for summary judgment c. Sworn answers to interrogatories d. Responses to request for admission binding upon a party under Rule 1.370

Answer 66

b. Live testimony at the hearing on the motion for summary judgment

Question 67

What is the LATEST that you can file affidavits in OPPOSITION to a Rule 1.530 motion for new trial? a. 10 days after service of the motion b. 20 days after service of the motion, upon good cause AND court order c. 30 days after service of the motion d. Both a and b

Answer 67

d. Both a and b

Question 68

True or False A Rule 1.540 motion for relief from judgment may be used as a substitute for a motion for new trial or an appeal

Answer 68

False

Question 69

True or False A 1.540(a) motion for relief from judgment can ONLY be used to correct clerical mistakes and errors

Answer 69

True

Question 70

True or False A Rule 1.540(a) motion to correct a clerical mistake may be made at ANY time

Answer 70

True

Question 71

Which of the following factors are considered with respect to a Rule 1.540 motion based on newly discovered evidence? a. If the evidence is more likely than not to change the outcome b. If the evidence could have been timely discovered through due diligence c. Whether evidence is impeachment evidence or cumulative evidence d. All of the above

Answer 71

d. All of the above

Question 72

What is the LATEST that you can file a Rule 1.540 motion for relief from judgment based on fraud? a. 1 year from the entry of the judgment b. 2 years from the entry of the judgment c. 5 years from the entry of the judgment d. None of the above

Answer 72

a. 1 year from the entry of the judgment

Question 73

What is the LATEST that you can file a Rule 1.530 motion for new trial? a. Not later than 15 days after the return of the verdict b. Not later than 20 days after the return of the verdict c. Not later than 30 days after the return of the verdict d. Not later than 60 days after the return of the verdict

Answer 73

a. Not later than 15 days after the return of the verdict

Question 74

True or False An order GRANTING a new trial or rehearing is NOT required to state the grounds for the new trial or rehearing

Answer 74

False

Question 75

True or False The trial court has broad discretion to GRANT a new trial when verdict is contrary to manifest weight of the evidence

Answer 75

True

Question 76

True or False Verdict awarding future medical expenses, but no future pain and suffering damages, is NOT inadequate as a matter of law

Answer 76

True

Question 77

True or False An order DENYING a Rule 1.530 motion for new trial does NOT need to contain the reasons for the order

Answer 77

True

Question 78

True or False The court CANNOT deny a motion for new trial without providing the opportunity for a hearing

Answer 78

False

Question 79

What is the EARLIEST that a defendant can serve a Rule 1.442 proposal for settlement? a. 30 days after commencement of the action b. 45 days after commencement of the action c. 60 days after commencement of the action d. 90 days after commencement of the action

Answer 79

d. 90 days after commencement of the action

Question 80

How much time does a party have to accept a Rule 1.442 proposal for settlement? a. 20 days b. 30 days c. 45 days d. 60 days

Answer 80

b. 30 days

Question 81

What is the LATEST that you can serve a motion to recover fees and costs under a proposal for settlement? a. 15 days after entry of final judgment b. 20 days after entry of final judgment c. 30 days after entry of final judgment d. 45 days after entry of final judgment

Answer 81

c. 30 days after entry of final judgment

Question 82

True or False An award of sanctions under Rule 1.442 is triggered by the amount of the VERDICT

Answer 82

False

Question 83

What is the EARLIEST that a party can file a motion for summary judgment? a. 20 days after commencement of the action b. 30 days after commencement of the action c. 60 days after commencement of the action d. 90 days after commencement of the action

Answer 83

a. 20 days after commencement of the action

Question 84

What is the EARLIEST that the court can hear argument on a motion for summary judgment? a. No sooner than 10 days after the deadline for serving a response b. No sooner than 20 days after the deadline for serving a response c. No sooner than 30 days after the deadline for serving a response d. No sooner than 45 days after the deadline for serving a response

Answer 84

a. No sooner than 10 days after the deadline for serving a response

Question 85

What is the LATEST that a party seeking summary judgment can file supporting evidence and affidavits? a. No later than 10 days before the hearing b. No later than 20 days before the hearing c. No later than 30 days before the hearing d. They must be filed contemporaneously with the motion

Answer 85

d. They must be filed contemporaneously with the motion

Question 86

What is the LATEST that a party opposing an MSJ can file its opposition/evidence in opposition to the motion? a. No later than 10 days after service of the motion for summary judgment b. No later than 30 days after service of the motion for summary judgment c. No later than 40 days after service of the motion for summary judgment d. No later than 60 days after service of the motion for summary judgment

Answer 86

c. No later than 40 days after service of the motion for summary judgment

Question 87

When must a party seeking a new trial file any affidavits in support of the motion? a. No later than 10 days before the hearing b. No later than 15 days before the hearing c. No later than 20 days before the hearing d. All supporting affidavits must be filed at the same time as the motion

Answer 87

d. All supporting affidavits must be filed at the same time as the motion

Question 88

What is the LATEST that a party can file a rule 1.530(g) motion to alter or amend judgment? a. no later than 10 days after entry of the judgment b. no later than 15 days after entry of the judgment c. no later than 20 days after entry of the judgment d. no later than 30 days after entry of the judgment

Answer 88

b. no later than 15 days after entry of the judgment

Question 89

What is the LATEST the party can file a rule 1.530(a) motion for relief from judgment based on clerical mistakes? a. one year from entry of the judgment b. two years from entry of the judgment c. 10 years from entry of the judgment d. not applicable. There is no deadline for filing this motion.

Answer 89

d. not applicable. There is no deadline for filing this motion.

Question 90

What is the LATEST that you can file a 1.540(b)(2) motion for relief from judgment based upon newly discovered evidence? a. one year from entry of judgment b. two years from entry of judgment c. five years from entry of judgment d. ten years from entry of judgment

Answer 90

a. one year from entry of judgment

Question 91

What is the LATEST that you can file a 1.540(b)(2) motion for relief from judgment based upon void judgment? a. one year from entry of judgment b. two years from entry of judgment c. five years from entry of judgment d. not applicable. There is no deadline for filing this motion.

Answer 91

d. not applicable. There is no deadline for filing this motion.

Question 92

True or False All orders granting a new trial MUST state the specific grounds for the new trial

Answer 92

True

Question 93

True or False Once a Rule 1.530 motion for new trial is denied, the trial court CANNOT hear any additional motions for rehearing

Answer 93

True

Question 94

True or False A Rule 1.540 motion to vacate judgment is limited to the narrow legal grounds set forth in the rule

Answer 94

True

Question 95

True or False The court is NOT obligated to provide an explanation for an order denying a motion for new trial

Answer 95

True

Question 96

Which of the following is REQUIRED to attend mediation on behalf of insured corporate defendant? a. The CEO of the corporation b. The risk manager of the corporation c. An insurance adjuster with full on-site settlement authority d. The Board of Directors

Answer 96

c. An insurance adjuster with full on-site settlement authority

Question 97

True or False A mediation settlement agreement is an enforceable contract

Answer 97

True

Question 98

When can a case be referred to mediation? a. At any time upon order of the presiding judge b. Only after all discovery has been completed c. At any time upon agreement of the parties d. Both a and c

Answer 98

d. Both a and c

Question 99

What is the LATEST that mediation can be held following an order of referral to mediation? a. Within 60 days of the order of referral b. Within 90 days of the order of referral c. Within 30 days of the order of referral d. Within 45 days of the order of referral

Answer 99

a. Within 60 days of the order of referral

Question 100

What are the potential outcomes of a mediation conference? a. Settlement b. Impasse/no agreement c. Adjournment d. All of the above

Answer 100

d. All of the above

Question 101

What is the BEST PRACTICE for responding to a party that repudiates a signed, written mediation settlement agreement? a. Proceed to trial b. Ask opposing counsel to pay the mediation fee c. File a motion to compel enforcement of mediation settlement agreement d. None of the above

Answer 101

c. File a motion to compel enforcement of mediation settlement agreement

Question 102

What is the latest date that you can complete a mediation that was adjourned and not resolved? a. 45 days after the first mediation conference b. 30 days after the first mediation conference c. 60 days after the first mediation conference d. 90 days after the first mediation conference

Answer 102

a. 45 days after the first mediation conference

Question 103

What recourse do you have if your client believes that the court ordered mediator is biased? a. File a motion to disqualify the mediator b. Refuse to participate in the mediation c. Call the court to explain that your client objects to the mediator d. None of the above

Answer 103

a. File a motion to disqualify the mediator

Question 104

What is your remedy if the opposing party's mediation representative does not have full, on-site settlement authority? a. File a motion to strike the defendant's pleadings b. File a motion for sanctions (mediation fees, attorney's fees and costs) c. Proceed to trial d. None of the above

Answer 104

b. File a motion for sanctions (mediation fees, attorney's fees and costs)

Question 105

True or False Any party can move to disqualify a mediator for good cause

Answer 105

True

Question 106

What is the LATEST that you can file a motion to dispense with mediation? a. No later than 10 days from the order of referral to mediation b. No later than 15 days from the order of referral to mediation c. No later than 20 days from the order of referral to mediation d. No later than 30 days from the order of referral to mediation

Answer 106

b. No later than 15 days from the order of referral to mediation

Question 107

True or False Mediation may NOT take place through communication technology.

Answer 107

False

Question 108

What is the LATEST that a party can file a certificate of mediation authority? a. No later than 30 days before the mediation conference b. No later than 20 days before the mediation conference c. No later than 15 days before the mediation conference d. No later than 10 days before the mediation conference

Answer 108

d. No later than 10 days before the mediation conference

Question 109

True or False Parties may object to the mediator's rate of compensation within 15 days of the order of referral

Answer 109

True

Question 110

How can parties participate in mediation? a. In person b. Via "communication technology" c. A combination of in person attendance and communication technology d. All of the above

Answer 110

d. All of the above

Question 111

True or False A mediation settlement agreement must be signed by the parties in order to be enforceable

Answer 111

True

Question 112

True or False A case CANNOT be referred to mediation until discovery has been completed

Answer 112

False

Question 113

True or False A represented party's counsel of record is REQUIRED to attend mediation

Answer 113

True