FSU BUL 3310 Exam 1 Marzen-
Questions & Answers
Motion for New Trial - Florida Rule of Civil Procedure 1.530 Correct Ans-"A new trial may
be granted to all or any of the parties and on all or a part of the issues." (b) Time for Motion: "A
motion for new trial or for rehearing shall be served not later than 10 days after the return of the
verdict in a jury action or the date of filing of the judgment in a non-jury action."
Motion for Judgment Notwithstanding the Verdict (JNOV) Correct Ans-Requesting Court to
find that the verdict is, as a matter of law, erroneous. (Example: Verdict for the plaintiff based
upon sympathy).
Post Trial Options (3) Correct Ans-Motion for new trial; motion for judgement
Notwithstanding the Verdict;Appeal
Notice of Appeal Correct Ans-Appellant must file a notice of appeal, typically within 30 days
following the entry of judgment or entry of an order ruling upon a Motion for New Trial or for
Rehearing.
Supersedeas Bond Correct Ans-Appellant must also typically file a supersedeas bond within
10 days after following a notice of appeal which guarantees payment of costs that may be
charged against him/her on appeal.
Transcript (filing an appeal) Correct Ans-Must also be filed with the Clerk of Court within a
specified time after perfection of the appeal - this includes the pleadings upon which the case is
,tried, and a bill of exceptions (in some states must be filed) which includes the
transcripts/testimony of the hearings/trial.
Brief (Appeal) Correct Ans-a statement of the case, assignment of errors, and legal
authorities/argument, for the Court. The Appellee also typically prepares a brief for the Court as
well.
decisions of appellate courts (5) Correct Ans-Affirm the court below; Reverse the court
below; Remand the case to the court below for a new trial; Affirm or reverse a decision in part;
Modify a lower court's decision.
Reasons to Settle Correct Ans-Personal; Economic; Obligations of Lawyers
Mediation Correct Ans-The process involving a third party's efforts to help disputing parties
reach a settlement
Arbitration Correct Ans-The procedure used, as an alternative to litigation, to submit a
dispute to one or more third parties who have authority to impose a resolution to the dispute.
Arbitration Advantages (5) Correct Ans-Quicker and less expensive (allegedly); Less hostility
than litigation (allegedly); Less formality than a trial; Courts favor it because it decreases the
caseload for the system; Complex issues can be submitted to an arbitrator that is an expert on the
issue being litigated (judges are rarely experts on the issue being tried and juries almost never)
, Arbitration Disadvantage Correct Ans-The main disadvantage of arbitration is it involves the
forfeiture of the rights to a jury trial and access to the traditional court system.
Award (arbitration) Correct Ans-decision of the arbitrator
4 Grounds Awards Correct Ans-1.The award was the result of corruption, fraud, or other
"undue means"
2.The arbitrator exhibited bias or corruption.
3.The arbitrator refused to postpone the hearing despite sufficient cause, refused to hear evidence
pertinent and material to the dispute, or otherwise acted to substantially prejudice the rights of
one of the parties.
4.The arbitrator exceeded his or her powers or failed to use them to make a mutual, final, and
definite award.
Forum Selection Clauses Correct Ans-Designation of jurisdiction (court or country) where
any dispute will be litigated
Choice of Law clause Correct Ans-Designates which jurisdiction's laws will be applied.
Code of Hammurabi Correct Ans-Babylonian law code of ancient Mesopotamia
Immanuel Kant (Kantian Ethics) Correct Ans-A central theme is that individuals should
evaluate their actions in light of the consequences that would follow if everyone in society acted
in the same way
Questions & Answers
Motion for New Trial - Florida Rule of Civil Procedure 1.530 Correct Ans-"A new trial may
be granted to all or any of the parties and on all or a part of the issues." (b) Time for Motion: "A
motion for new trial or for rehearing shall be served not later than 10 days after the return of the
verdict in a jury action or the date of filing of the judgment in a non-jury action."
Motion for Judgment Notwithstanding the Verdict (JNOV) Correct Ans-Requesting Court to
find that the verdict is, as a matter of law, erroneous. (Example: Verdict for the plaintiff based
upon sympathy).
Post Trial Options (3) Correct Ans-Motion for new trial; motion for judgement
Notwithstanding the Verdict;Appeal
Notice of Appeal Correct Ans-Appellant must file a notice of appeal, typically within 30 days
following the entry of judgment or entry of an order ruling upon a Motion for New Trial or for
Rehearing.
Supersedeas Bond Correct Ans-Appellant must also typically file a supersedeas bond within
10 days after following a notice of appeal which guarantees payment of costs that may be
charged against him/her on appeal.
Transcript (filing an appeal) Correct Ans-Must also be filed with the Clerk of Court within a
specified time after perfection of the appeal - this includes the pleadings upon which the case is
,tried, and a bill of exceptions (in some states must be filed) which includes the
transcripts/testimony of the hearings/trial.
Brief (Appeal) Correct Ans-a statement of the case, assignment of errors, and legal
authorities/argument, for the Court. The Appellee also typically prepares a brief for the Court as
well.
decisions of appellate courts (5) Correct Ans-Affirm the court below; Reverse the court
below; Remand the case to the court below for a new trial; Affirm or reverse a decision in part;
Modify a lower court's decision.
Reasons to Settle Correct Ans-Personal; Economic; Obligations of Lawyers
Mediation Correct Ans-The process involving a third party's efforts to help disputing parties
reach a settlement
Arbitration Correct Ans-The procedure used, as an alternative to litigation, to submit a
dispute to one or more third parties who have authority to impose a resolution to the dispute.
Arbitration Advantages (5) Correct Ans-Quicker and less expensive (allegedly); Less hostility
than litigation (allegedly); Less formality than a trial; Courts favor it because it decreases the
caseload for the system; Complex issues can be submitted to an arbitrator that is an expert on the
issue being litigated (judges are rarely experts on the issue being tried and juries almost never)
, Arbitration Disadvantage Correct Ans-The main disadvantage of arbitration is it involves the
forfeiture of the rights to a jury trial and access to the traditional court system.
Award (arbitration) Correct Ans-decision of the arbitrator
4 Grounds Awards Correct Ans-1.The award was the result of corruption, fraud, or other
"undue means"
2.The arbitrator exhibited bias or corruption.
3.The arbitrator refused to postpone the hearing despite sufficient cause, refused to hear evidence
pertinent and material to the dispute, or otherwise acted to substantially prejudice the rights of
one of the parties.
4.The arbitrator exceeded his or her powers or failed to use them to make a mutual, final, and
definite award.
Forum Selection Clauses Correct Ans-Designation of jurisdiction (court or country) where
any dispute will be litigated
Choice of Law clause Correct Ans-Designates which jurisdiction's laws will be applied.
Code of Hammurabi Correct Ans-Babylonian law code of ancient Mesopotamia
Immanuel Kant (Kantian Ethics) Correct Ans-A central theme is that individuals should
evaluate their actions in light of the consequences that would follow if everyone in society acted
in the same way
