FL CIVIL EXAM OUTLINE.docx

What cases are excluded from the application of FL Civil Rules under Rule 1.010?

Probate, family law, and small claims.

What is the priority in special statutory proceedings according to Rule 1.010?

The statute takes priority.

Who has the exclusive power to make rules about court operation in Florida?

The Florida Supreme Court.

What must be shown for a lawsuit against a government entity according to Florida law?

Written notice must be given to the department of insurance within 3 years.

What does Rule 1.030 state about verification of pleadings?

Most pleadings do not need verification unless required by a specific rule or statute.

When does a civil action start according to Rule 1.050?

When a complaint, petition, or writ is filed.

What distinguishes substantive law from procedural law?

Substantive law creates rights and obligations, while procedural law deals with how cases move through courts.

What happens when a claim is filed too early according to when a claim accrues?

The claim should be dismissed without prejudice.

What must parties provide if they make a formal settlement offer under Florida law?

They must file a motion to tax fees and costs within 30 days after a final judgment.

What are the requirements for a temporary injunction?

Irreparable harm, a clear legal right, an inadequate remedy at law, and the public interest will be served.

What is the significance of the 'significant relations test'?

It determines which state’s law applies in SOL issues for out-of-state causes of action.

How can equitable estoppel affect statute of limitations defenses?

It can prevent a defendant from using the statute of limitations as a defense if their actions caused the plaintiff to file late.

What is the definition of a 'real party in interest' according to Rule 1.210?

The person who actually owns or is entitled to enforce the legal right.

What is the distinction between conventional and equitable subrogation?

Conventional subrogation arises from a contract, while equitable subrogation occurs by legal consequences of the parties' acts.

What is Florida's rule on pleading specific matters such as fraud or mistake?

They must be pled with specificity.

What constitutes a counterclaim according to Rule 1.170?

Any claim against an opposing party arising from the same event or situation that forms the basis of the opposing party's claim.

What should be done if a party discovers a need to add a new defendant after the statute of limitations has expired?

The new claim can relate back to the original pleading if it arises from the same facts.

What is required for punitive damages to be added to a claim?

Proof of expected evidence and at least 20 days' notice must be provided to the other side.