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Exam (elaborations)

Fl Bar Exam -Civil Procedure |Actual Questions And Verified Answers|Brand New Update|Graded A+

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Preview 4 out of 39 pages

Fl Bar Exam -Civil Procedure |Actual Questions And Verified Answers|Brand New Update|Graded A+

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FL BAR EXAM -CIVIL PROCEDURE |ACTUAL
QUESTIONS AND VERIFIED ANSWERS|BRAND NEW
2026-2027 UPDATE|GRADED A+


Question 1

A VT man, a car dealer, owned a rare 1962 car. His home in VT didnt have a garage, & he
realized that the condition of the car would deteriorate if he kept it outdoors in winter. So,
the man drove the car to his brother's house in FL and parked it there for the winter. The
man had never before been in FL.Later that winter, the VT man sold a 1924 car to a FL
buyer. The transac. took place in VT. Soon after, a dispute arose as to the provenance of
the 1924 car. The FL buyer sued VT man in FL circuit court, & requested the court attach
the 1962 sports car to the suit.Whats the VT man's strongest argument in favor of
dismissing the suit?

A: The court may only attach real property for the purpose of establishing jurisdiction.

B: The VT man lacked minimum contacts w/ FL sufficient for the FL court to assert
jurisdiction.

C: The dispute does not relate to the 1962 vehicle.

D: FL is an inconvenient forum for the dispute.

CORRECT ANSWER

B: The Vermont man lacked minimum contacts with FL sufficient for the FL court to assert
jurisdiction.




Question 2

A sued B in circuit court. B owns a house in PW subdivision where he lives w/ his 15yr old
son and 14yr old daughter. B/c B has a big lawn, an 18yr old landscaper cuts & trims the
prop. 4 days a wk & is known by the neighbors as B's landscaper. B also owns a small
invest. beach house that is curr. vacant b/c its being renovated. Occasionally, B's son &
daughter renovate beach house.Which of the follow. describes proper service of process in
this suit?




1

,A: The proc. serv. leaves a copy of summons & complaint at the PW house w/ Brett's son &
informs son of contents

B: The proc. serv. leaves a copy of summons & complaint at the beach house w/ Brett's son
& informs son of contents

C: The proc. serv. leaves a copy of summons & complaint at the PW house w/ Brett's
landscaper & informs landscaper of contents

D: The proc. serv. leaves a copy of summons & complaint at the PW house w/ Brett's
daughter & informs her of contents

CORRECT ANSWER

A: The proc. serv. leaves a copy of summons & complaint at the PW house w/ Brett's son
& informs son of contents




Question 3

An individual has filed a complaint in a Florida district court against a manager-managed
limited liability company (LLC), formed under Florida law.In the first instance, who is the
appropriate person on whom to serve process?



a: The manager of the LLC.

b: Any member of the LLC.

c: The LLC's registered agent.

d: The Secretary of State.

CORRECT ANSWER

c: The LLC's registered agent.



Process against a limited liability company (LLC), whether foreign or domestic, may be
served on a registered agent of the LLC. If the LLC's registered agent cannot be served
after one good faith attempt, process may be served on any member of a member-
managed LLC (Choice B), manager of a manager-managed LLC (Choice A), or person listed
publicly by the LLC. If after due diligence service was attempted by these methods and
could not be completed, process may be served on the Secretary of State (Choice D).



2

,Question 4

Plaintiff serves Defendant with a complaint for damages in a personal injury suit. Which
one of the following motions, if filed by Defendant prior to filing an answer, would
generally NOT alter the time in which Defendant's answer is due?



A: Motion to dismiss for improper venue.

B: Motion for a more definite statement.

C: Motion to strike immaterial or scandalous matter.

D: Motion for failure to state a cause of action.
CORRECT ANSWER

C: Motion to strike immaterial or scandalous matter.



Generally, when a D serves a motion prior to filing an answer to Ps complaint, the time for
filing the answer will be changed in which the answer must be served within 10 days after
the court files its order on Ds motion. HOWEVER,

a motion to strike immaterial or scandalous matter from a complaint does not alter the 20-
day period in which the defendant has to file an answer.




Question 5

On Friday, March 1st, a court granted Defendant's motion for a more definite statement.
Plaintiff served a more definite statement by email on Monday, March 4th. Defendant
must serve his answer



A: on or before Monday March 11th.

B: on or before Saturday March 9th.

C: on or before Thursday March 14th.

D: on or before Monday March 25th.


3

, CORRECT ANSWER

C: on or before Thursday March 14th.



Generally, a D must serve an answer within 20 days after service or not later than the date
fixed in a notice by publication. However, if a D files a pre-answer motion (besides motion to
strike immaterial or scandolous matter), then the D's answer must be served within 10 days
of service




Question 6

Gina intervenes in a case between her former roommate Lauren and their prior landlord
based on damaged property due to the landlord's failure to maintain the property. Lauren
had already filed claims based on habitability issues, and Gina wants to add claims of
harassment as well. She believes the landlord refused to care for the property to persuade
the women to engage in sexual behavior with the landlord in exchange for fixing the
property.Can Gina add these new harassment claims to the pleading?



a: Yes, because they arise out of the same facts.

b: Yes, because her interests would not be adequately protected if she did not add these
claims.

c: No, because she must accept the pleadings as they are.

d: No, because different burdens are applied to the two claims.

CORRECT ANSWER

c: No, because she must accept the pleadings as they are.



The rights of an intervenor are subordinate to the rights of the parties. This rule prevents
the intervenor from filing new or additional claims after a motion to intervene has been
granted. The intervenor must accept the pleadings in the pending case and may not raise
any new claims.




4

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