Florida Civil Procedure

158 Questions

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Florida Quizzes & Trivia

Basics of civil procedure law in the state of Florida.


Questions and Answers
  • 1. 
    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
  • 2. 
    Jurisdictional limit of small claims court is
  • 3. 
    County courts have subject matter jurisdiction over dissolution of marriage when dissolution proceeding is
  • 4. 
    County courts have subject matter jurisdiction over all violations of which ordinances?
  • 5. 
    Subject matter jurisdiction for all civil matters in Florida is established by
  • 6. 
    Circuit courts have subject matter jurisdiction over actions involving legality of any
  • 7. 
    Circuit courts have subject matter jurisdiction over __________, including probate, guardianship, and incompetence.
  • 8. 
    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.
  • 9. 
    District courts of appeal have direct review of _____________ when provided by statutory law.
  • 10. 
    District courts of appeal have original jurisdiction to issue any writs necessary to ___________.
  • 11. 
    In the Florida Supreme Court, ________ justices constitute a quorum, and at least ________ justices must agree to render a binding decision.
  • 12. 
    Florida Supreme Court has appellate jursidiction over _________ sentences, orders declaring a __________ invalid, ___________ proceedings, and decisions of state agencies governing ____________.
  • 13. 
    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.
  • 14. 
    Florida Supreme Court may issue any necessary writs except writs of _________.
    • A. 

      Certiorari

    • B. 

      Mandamus

    • C. 

      Quo warranto

    • D. 

      Prohibition

    • E. 

      Habeas corpus

  • 15. 
    Upon the governor's request, the Florida Supreme Court may issue ____________ that interpret ___________ regarding the governor's powers and duties.
  • 16. 
    In general, jurisdiction may attach when ______________ have been met and the state authorizes the exercise of ________________.
  • 17. 
    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
  • 18. 
    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.
  • 19. 
    Consent of the defendant to in personam jursidiction may be obtained when a nonresident is _____________ on Florida roads operating _________ or ___________ craft.
  • 20. 
    For in personam jurisdiction, corporate existence requires ________________ with the state or having a __________________ within the state.
  • 21. 
    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.
  • 22. 
    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 ______________.
  • 23. 
    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.
  • 24. 
    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.
  • 25. 
    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

  • 26. 
    In a quasi-in-rem action, if a defendant _________ in the state to defend the action, Florida gains in personam jursidiction over the defendant.
  • 27. 
    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.
  • 28. 
    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.
  • 29. 
    Venue choice is the right of the _____________ and must be set out in the ____________.
  • 30. 
    In determining where a cause of action accrues, look to where the _______________ comprising the cause of action occurs.
  • 31. 
    An action against a _________________ may be brought in any county.
  • 32. 
    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.
  • 33. 
    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 ____________________.
  • 34. 
    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.
  • 35. 
    A Change of venue may be requested due to ____________ concerns, _____________ jury problems, or ______________ of the parties or witnesses.
  • 36. 
    If an action is filed in the wrong court or county, it may be transferred to the appropriate court or county by _________ of ____________.
  • 37. 
    Process is not valid unless __________ by the clerk or judge and the court's _________ is affixed.
  • 38. 
    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.
  • 39. 
    If not made by an officer, does failure to make proof of service affect the validity of service?
    • A. 

      Yes

    • B. 

      Sometimes

    • C. 

      No

  • 40. 
    Nonresident witnesses or parties are _________ from personal service of process while attending or traveling to or from a civil or criminal proceeding.
  • 41. 
    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
  • 42. 
    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.
  • 43. 
    Every domestic or foreign corporation qualified to transact business in Florida must designate a registered _________ and a registered _________ for service of process.
  • 44. 
    Service of process on a partnership may be accomplished by serving any ___________.
  • 45. 
    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 ________________.
  • 46. 
    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 ______________.
  • 47. 
    A defendant may _________ service by mail and _________ formal service of process requirements.
  • 48. 
    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.
  • 49. 
    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

  • 50. 
    Service by publication is _____ permissible when personal service can be effected.
    • A. 

      Never

    • B. 

      Probably

    • C. 

      Sometimes

    • D. 

      Always

  • 51. 
    Service may be made by publication when a defendant is ________ Florida, ____________ in the state after a diligent search, or location is _____________.
  • 52. 
    Unless the court provides otherwise, every pleading and every paper filed in an action, except applications for witness subpoena, must be served on each __________.
  • 53. 
    All original papers filed in an action must be filed with the court either ___________ service or immediately _________ service.
  • 54. 
    Unless made during a hearing or trial, a motion must be in ___________, state the grounds on which it is based with _____________, and set forth clearly the ________ or _______ sought.
  • 55. 
    Florida employs "_________ pleading", as opposed to "notice" pleading, so plainiffs must allege all the __________________ facts(ultimate facts to which the legal rule is directly applicable) constituting the cause of action alleged.
  • 56. 
    The only defenses which may be made by motion at the option of the pleader (as opposed to in responsive pleading) and must be heard and determined before trial unless the court orders otherwise are lack of jurisdiction over the __________ or ____________, improper __________, insufficiency of ____________ or of _____________ of process, failure to state a ______________ or failure to join _______________ parties.
  • 57. 
    A party ________ all defenses and objections not presented by motion or in responsive pleading except defenses of failure to state a ____________ or ___________, or to join a _________ party.
  • 58. 
    A defense of lack of jurisdiction over ________________ may be raised at any time.
  • 59. 
    In all allegations of fraud or mistake, circumstances constituting fraud or mistake must be stated with ____________; malice, intent, knwledge, mental attitude, and other conditions of the person's mind may be averred ____________.
  • 60. 
    The most common substantive objections to pleadings are motions to dismiss for failure to ________________ and motion to strike an _______________.
  • 61. 
    Challenges to the form of pleadings include motion for more ____________ statement and a motion to __________.
  • 62. 
    A motion for a more definite statement is made when a pleading to which a responsive pleading is permitted is so _________ or _____________ that a party cannot reasonably be required to frame a responsive pleading.
  • 63. 
    A motion to strike is used to attack a pleading which contains _________, ___________, ______________, or _________ allegations.
  • 64. 
    A counterclaim is compulsory, and must be stated in a pleading against the opposing party as long as the claim _______ out of the transaction or occurence that is the ________ of the opposing party's claim, and it does not require for its adjudication the presence of ________ parties over whom the court cannot acquire jurisdiction.
  • 65. 
    The counterclaim is excepted from being compulsory if at the time the action was commenced the claim was the subject of _______________ action, or the opposing party brought in his claim by ____________ or by other process where the court did not acquire personal jurisdiction to render a personal judgment on the claim.
  • 66. 
    Even if a counterclaim does not arise out of the transaction or occurence that is the subject matter of the opposing party's claim, it may be stated as a _____________ counterclaim.
  • 67. 
    With the _____________, a pleader may present as a counterclaim by _____________ pleading a claim that matured or was acquired by the pleader after serving his pleading
  • 68. 
    Pleader may set up counterclaim or cross-claim by amendment if court grants leave if counterclaim or cross-claim was not set up due to ________, _________, excusable _____________, or when ________ requires.
  • 69. 
    Pleader may state a cross-claim against a co-party arising out of either the __________ action, or of a ___________ therein, or relating to any property that is the _________ of the original action.
  • 70. 
    If evidence is objected to at trial because it is not within the issues mad by the pleadings, the court must allow pleadings to be amended to conform with evidence if the ________ of the cause are more effectively presented thereby, and the objecting party fails to satisfy the court that the admission of such evidence will __________ him in maintaining his action or defense upon the merits.
  • 71. 
    An amended pleading __________ the original pleading for virtually all purposes, but statements in the original pleading may have some ________ value.
  • 72. 
    If the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth in the original pleading, the amendment shall ________ to the date of the ______ pleading.
  • 73. 
    At a pretrial conference, the court may determine the limitation of the number of ________ witnesses.
  • 74. 
    ______________ parties may sue in their own names on behalf of a party without joining the party for whose benefit the action is brought.
  • 75. 
    An ___________ association may not sue or be sued in Florida.
  • 76. 
    An __________ part is a person having an interest where a final decree could not be made without leaving the controversy in such a condition that its final termination would be inequitable with his participation, and a ______________ party is one whose presence is necessary for complete relief, but it would be possible to render a judgment without her.
  • 77. 
    The elements which must be present to obtain certification of a class action are that: the class is so ___________ that joinder of all named parties would be impracticable, the predominant questions of law or fact are ________ to class members, the class representatives have a claim or defense _________ of the class, the representatives are capable of fairly and _____________ representing class interests, and is generally (but not always) limited to ________________.
  • 78. 
    A party may seek discovery of virtually any matter relevant to the subject matter of the lawsuit so long as the information sought appears ______________ to lead to discovery of admissible evidence, and it is not ____________.
  • 79. 
    When a party ____________ or ______to utilize an item before the court at trial, the evidence is fully ____________ and is not work product.
  • 80. 
    The burden on a party seeking discovery of "work product" information is to show a ______________ exists for the information, and the information requested cannot be otherwise discovered without ______________.
  • 81. 
    An agreement under which any person may be liable for part or all of a judgment entered in the action or to indemnify or reimburse a party for payments satisfying the judgment is __________ but is not admissible at __________.
  • 82. 
    Discovery of an expert witness must first be conducted by ____________, after which any person disclosed by such may be ____________ withuot motion or order of the court.
  • 83. 
    Discovery of nonwitness experts may only be conducted by ________________ unless there is a showing of _________________ under which it is impractical for the party seeking discovery to obtain facts or opinions on the same subject by other means.
  • 84. 
    If party from whom discovery is sought files a motion, the court may issue a protective order to protect a party from ________, ______________, ____________, ____________, or ___________.
  • 85. 
    Upon request, a party must reveal the ___________ of any surveillance information he possesses, but if they are not to be presented at trial, they are subject to the ____________ rule for discovery purposes.
  • 86. 
    Five basic discovery devices are ____________, _____________, requests for ____________, inspections and production of ___________________, and physical or mental ________________.
  • 87. 
    If a party was served notice of a deposition before the 30 days after service of process expires, and, despite exercise of _____________, was unable to secure ________ to represent him at the taking of the deposition, the deposition may not be used against him at trial.
  • 88. 
    If proposed deponent is not a party to the lawsuit, both a ___________ and a _________ must be served upon the nonparty in order to compel attendance.
  • 89. 
    Depositions may be taken at any time during pendency of the action, and in rare cases before the ___________ is filed or pending ___________.
  • 90. 
    A party may only instruct a deponent not to answer only when necessary in order to protect a ________, enforce a ____________ on evidence as directed by the court, or to terminate a deposition being conducted in ____________ or ___________ conduct.
  • 91. 
    Objections to deposition questions  are made on the record and preserved for ___________, which may take place _____________, in which case the deposition is _____________, or may be sought after _______________ of the deposition.
  • 92. 
    A deponent is entitled to _________ his deposition before a copy is filed in court, but the opportunity to do so can be _________ by the deponent.
  • 93. 
    A minor subpoenaed for testimony has the right to be accompanied by a parent or guardian at all times during taking of testimony except upon showing the presence of a parent or guardian is likely to have a _________, __________ impact on the credibility or accuracy of the minor's testimony, or that the interests of the parent or guardian are in actual or potential ___________ with the interests of the minor.
  • 94. 
    Depositions may be read into trial record when the deponent is farther than _______ miles from the court or ________ of the state of Florida, unless it appears the absence was procured by the party offering the deposition.
  • 95. 
    Interrogatories may not exceed _______ unless the court permits a larger number on motion and notice and for good cause.
  • 96. 
    A party must respond to all interrogatories according to information ______ or discoverable upon ____________ by the party.
  • 97. 
    If party answering interrogatories directs answer is contained in records, party answering interrogatories shall provide the other party a _______________ to inspect those records.
  • 98. 
    Any party may send a written requrest for admission of truth of any relevant matter relating to statements of ____ or application of ______ to _______, and responding party may object on grounds that matter is irrelevant or privileged, but not because request for admission involves an ________ or ________ of law.
  • 99. 
    A party may properly refuse to respond to an admission on the basis of lack of knowledge if the party has made a _________ to acquire the requested information before asserting lack of knowledge
  • 100. 
    If party objects to a request for admission based upon a _______________ that the request is improper, the responding party is not subject to sanctions for refusal to respond if it is later determined request was proper.
  • 101. 
    An admission _____________ the matter unless the court on motion permits withdrawal or amendment of the admission.
  • 102. 
    If a nonparty not to be deposed possesses documents or other tangible evidence, the party seeking discovery must serve nonparty with a ______________ after serving notice of it to every other party.
  • 103. 
    A party given a notice to produce may challenge it, but the objection must be _________ and the challenging party has the burdent to show that the request is made without ____________.
  • 104. 
    A party given notice to produce cannot assert privilege rights of a third party unless it can show an ________ that would give it an interest in the outcome of the court's decision, a __________ with the third party whose right it asserts, and that the third party is somehow _________ to assert its own right.
  • 105. 
    Only a party (or person in custody or control of a party) may be examined when the mental or physical condition that is the subject of the examination is in __________ or in ___________.
  • 106. 
    When examination of a party is _____________, request may be served on party without leave of the court, but when it is not, a party must obtain a court order based upon __________ and after notice to parties and person to be examined.
  • 107. 
    If examined party requests a copy of examination report, party examined waives _________________ as to all other examinations of the examined party involving the condition in issue.
  • 108. 
    If a party refuses to comply with a discovery request and party seeking discovery moves for a court order compelling discovery, party seeking discovery must certify that the moving party in _________ conferred or attemped to confer with party failing to comply with discovery request to obtain discovery without court action.
  • 109. 
    If a party refuses to comply with an order compelling discovery, court may order sanctions against party such as ________ of court, orders affecting ______________, or __________ on failure to admit.
  • 110. 
    Except in actions where ____________ has been seized or is in the custody of the court, action may be voluntarily dismissed by plaintiff without order of court at any time before submission of case to jury or court for decision.
  • 111. 
    If a plaintiff voluntarily dismisses claim against respondent, dismissal is _____________ unless otherwise specified, but if plaintiff has once dismissed in any court an action based on or including the same claim, the notice of dismissal operates as an ______________ on the merits.
  • 112. 
    Any involuntary dismissal, except for dismissal for lack of ___________ or for improper __________ or for lack of an ____________ party, operates as an __________ on the merits.
  • 113. 
    After plaintiff in a bench case has completed presentation of evidence, respondent may move for dismissal on gorunds that plaintiff has shown no ___________, without waiving the right to offer evidence if the motion is not granted.
  • 114. 
    To determine whether dismissal with prejudice is warranted based solely on attorney misconduct, trial court must consider whether attorney's disobedience was __________ as opposed to negligent, whether attorney was previously ___________, whether ________ was personally involved in act of disobedience, whether delay ________ the opposing party, whether attorney offered reasonable __________ for noncompliance, and whether delay created significant problems of __________ administration.
  • 115. 
    If no activity has occurred in a case for ______ months and no order staying the action has been issued by the court, any interested person may serve notice to all parties that no record activity has occured, and if no more activity occurs within the next _____ days, the action will be dismissed for lack of prosecution unless plaintiff shows good cause why action should remain pending
  • 116. 
    A motion to dismiss for failure to state a claim can be based on absence of _____ to support the claim, absence of sufficient operative _________ pleaded to make out a good claim, or disclosure of facts in the complaint which necessarily __________ the claim.
  • 117. 
    A defendant may move for an order requiring plaintiff to furnish security if defendant can show plaintiff is a ___________ litigant and is not reasonably likely to _______ on the merits of the action against the moving defendant.
  • 118. 
    In Florida, a "vexatious litigant" is a person who has commenced, prosecuted, or maintained, pro se, ______ or more civil actions in any court in Florida (except Small Claims Court) during the _________ years immediately preceding the action at hand, where these actions have been finally and aversely determined against the litigant.
  • 119. 
    In a motion for summary judgment, the moving party asserts that there are no triable issues of __________ and it is entitled to judgment as a matter of _______, and must state with __________ the grounds on which it is based and the substantial matters of _________ to be argued.
  • 120. 
    A proposal for settlement is considered rejected if it is not accepted in __________ within ___ days of service.
  • 121. 
    When the defendant fails to file or serve any paper in the action, the plaintiff may seek an order of _________.
  • 122. 
    A ____________ is a quasi-judicial hearing officer designated by the court to perform judicial or ministerial acts.
  • 123. 
    _____________ magistrates are appointed to serve until removed and must take a  constitutional oath, but _________ magistrates are appointed in a particular action and generally are not required to take an oath.
  • 124. 
    _____________ are neutral third parties who assist the litigants in trying to reach a mutually agreeable resolution, which may be binding on the parties if all parties agree in ___________.
  • 125. 
    A binding arbitration is only reviewable by _______, while a nonbinding arbitration may be appealed by a motion for a _______________.
  • 126. 
    In a medical malpractice action, the plaintiff's attorney is required to make a reasonable investigation to determine a ______________ that there has been negligence by a health care provider and must certify so in the complaint.
  • 127. 
    A demand for a jury trial must be filed by any party no later than  ________ days after the service of the last pleading directed to the issue to be resolved, but cannot thereafter be withdrawn without the consent of ____ the parties.
  • 128. 
    A potential juror who displays ______, or is related to a _______ or __________ within the third degree, or related to a ________ or a person __________ in the action may be challenged for cause by either party and excused from the case.
  • 129. 
    Each party has _________ peremptory challenges available to excuse potential jurors for reasons other than manifest prejudice or relationship to a party.
  • 130. 
    Each juror is permitted to take __________ during the trial for his or her personal use, which are delivered to the judge after deliberations and __________ without being read by anyone.
  • 131. 
    The court must permit jurors to submit _________ directed to the witnesses or to the court, which must be submitted in ___________, are read to counsel by judge outside of jury presence (giving counsel an opportunity to object), and then directed to the witness if permitted by rules of evidence.
  • 132. 
    The Rule of Sequestration cannot be enforced against a witness if the witness is:  a ______ who is a natural person; in a civil case, an ______ or __________ of a party that is not a natural person; a person whose presence is shown by the party's attorney to be _________ to the presentation of the party's cause; or, in a criminal case, the _______ of the crime, their next of kin, parent or guardian if they are a minor, or their lawful representative, unless the court determines their presence to be prejudicial.
  • 133. 
    In Florida, the judge is not permitted to comment on the ___________ of the evidence or the ___________ of the witnesses.
  • 134. 
    It is not necessary to object or except to any order granting or denying motions for ____ trials, _______ verdicts, judgments ___________ the verdicts, or in ________ of judgment to entitle the party against whom ruling is made to have it reviewed by an appellate court.
  • 135. 
    In a motion for directed verdict, moving party must show that no __________ jury could possibly resolve the issues in favor of the nonmoving party based on _________ just presented at trial.
  • 136. 
    When a motion for directed verdict is made at the close of all the evidence and is not granted, within ________ days after the return of the verdict, a party who has moved for a directed verdict may move to have the _______ and any _________ entered thereon set aside and to have judgment entered in accordance with the motion for directed verdict.
  • 137. 
    A _______ verdict finds for a party in general terms on all issues within the province of the jury to determine, while a __________ verdict is one that determines the disputed facts in separate findings based on the evidence presented to the jury.
  • 138. 
    A verdict must always be ___________ and must be free from _____________ so that a judgment can be properly entered based on it.
  • 139. 
    According to the principle of res judicata, a final judgment on the merits is an _____________________ to a subsequent action involving the same claim, demand, or cause of action between the same parties or their privies.
  • 140. 
    When a second action between the same parties or privies as the first action which had a final judgment is on a different claim, demand, or cause of action, the judgment constitutes a "_____________" that precludes litigation on those questions or points that have already been determined.
  • 141. 
    In Florida, the doctrines of res judicata and collateral estoppel cannot be invoked where it would ___________________.
  • 142. 
    Judicial estoppel is an ____________ doctrine that is used to prevent litigants from taking totally ___________ positions in separate judicial, including quasi-judicial, proceedings.
  • 143. 
    Grounds whihc may result in granting a new trial include _______ in proceedings; _________ of a prevailing party, counsel, witness, or jury; a harmful and incurable __________ argument; excessive or inadeqate __________; newly discovered ____________ not available at trial; or errors of _______ that materially affect substantial rights of the aggrieved party.
  • 144. 
    A new trial may be granted due to newly discovered evidence if the evidence would probably change the _______ of a new trial; it had been __________ since the trial; it could not have been discovered and produced at trial with the exercise of _____________; it is ________ evidence relating to the material issues; it is not merely ____________ to the evidence introduced at trial; and it does not merely ________ or __________ former evidence.
  • 145. 
    Relief from final judgment may generally be obtained on grounds of excusable ________, mistake or surprise; unawareness of a suit and no intent to ________; newly discovered __________ which could not be obtained with reasonable diligence in time to move for a new trial; ____________, misrepresentation, or other misconduct by an adverse party.
  • 146. 
    Execution on judgments may issue during the life of the judgment on the __________ of the party entitled it.
  • 147. 
    On a money judgment, the execution cannot be issued unless the judgment is both _______ and ________, meaning there cannot be a motion for a new trial or rehearing timely filed.
  • 148. 
    Final process to enforce a judgment for the recovery of property is made by a writ of possession for ____________, and by a writ of _________ or a writ of ___________ for personal property.
  • 149. 
    If the judgment for the performance of a specific act is not fulfilled within the time specified, the party seeking to enforce judgment must file an __________ alleging the noncompliance, after which the clerk of court issues a writ of ___________ to seize property to recover judgment on the debt
  • 150. 
    A temporary injunction may be granted without written or oral notice to adverse parties if it appears from specific facts that immediate and irreparable _________ or ________ will result to movant before opposing party can be heard, and movant's attorney certifies in writing any efforts made to give ______ and reasons why it should not be required.
  • 151. 
    Although usually the movant in a temporary injunction action is required to give a bond to offset costs and damages to adverse party if wrongfully enjoined, no bond is required for a temporary injunction issued solely to prevent _____________or __________ of a natural person.
  • 152. 
    A writ of mandamus compels performance of an official ______________ function that is required by ____ and involves no ___________, and will not be granted if there is another _________ or __________ remedy.
  • 153. 
    A writ of mandamus is obtained by filing a petition showing a ___________ right to the specific relief requested, the court directing the defendant to comply or show _______ of failure to do so, and if the return is insufficient, the writ is issued.
  • 154. 
    A declaratory judgment must be based on an ________________ (cannot be advisory or answering a moot question), which must be _____________, and the interest of the parties must be a ___________________ interest in the relief sought.
  • 155. 
    The Enforcement of Foreign Judgments Act provides that any "foreign" judgment, decree, or order entitled to _____________ in Florida may be recorded in the office of the clerk of the circuit court of any county and enforced the same as a judgment of a circuit court of Florida.
  • 156. 
    Appearance of an attorney for a party terminates only by _________ of the attorney, ____________ of another attorney, or automatically upon ___________ of a proceeding and following expiration of any applicable time for appeal when no appeal is taken.
  • 157. 
    A judge should disqualify or recuse himself from a proceeding if the judge served as a __________ in or was the lower court __________ in the matter in controversy.
  • 158. 
    A motion to disqualify a presiding judge must be made no later than _____ days after the discovery of the facts constituting grounds for the motion.