Florida Paralegal Final

Card Set Information

Florida Paralegal Final
2011-12-14 19:08:12
Court System Litigation

Florida Intro to Paralegal Studies Final
Show Answers:

  1. Florida Court System
    Supreme Court

    District Court of Appeals

    Circuit Court

    County Court
  2. Florida Supreme Court Jurisdiction
    • Discretionary appeals, appeals from the District Court of Appeals, Some original and exclusive jurisdiction
    • Mandatory on all state constitutional issues
  3. District Court of Appeals: Jurisdiction
    Appeals from Circuit Courts

    Orange/ Osceola Counties are in 5th DCA
  4. Florida Circuit Courts: Jurisdiction
    Civil Actions exceeding 15k, dissolution of marriage & family law matters, felonies, probate & guardianships, appeals from County Courts

    * Orange/ Osceola are in 9th Judicial Circuit
  5. Florida County Courts: Jurisdiction
    Civil actions less than 15k, small claims up to 5k, misdemeanors, traffic
  6. US Supreme Court: Jurisdiction
    • Discretionary appeals & some original or exclusive jurisdiction: Mandatory on Consitutional matters
    • Appeals heard from the Circuit Court of Appeals (CCA)
  7. US Circuit Court of Appeals: Jurisdiction
    Appeals from US District Courts

    * Florida is in 11th Circuit
  8. US District Court: Jurisdiction
    • Fedearl questions, crimes and statutes
    • & civil actions with diversity of citizenship + exceeds 75k
  9. True or False?

    Florida Circuit Court judges are elected?
  10. True or False?

    Florida Supeme Court judges must face merit retention?
  11. What state officer is responsible for the budget?
    The Governor
  12. What state officer is responsible for issuing clemency?
    The Governor
  13. What state officer is responsible for defending the constitutionality of statutes enacted by the Florida legislature?
    Attorney General
  14. What state officer is responsible for protecting consumers from unfair anddeceptive business practices and providing consumer information?
    Commissioner of Agriculture
  15. Which is first?
    Case Management Conference or
    Pretrial Conference?
    Case Management Conference
  16. Class Actions must be...
    certified by the court/ judge
  17. Elements of Negligence
    • Duty
    • Breach
    • Causation
    • Damages
  18. Elements of Discovery
    • Depositions
    • Written Interrogatories
    • Production of documents, etc
    • Physical &/or mental examinations (IME)
    • Requests for Admissions
  19. Alternative Dispute Resolution (ADR)
    • Mediation
    • Arbitration
  20. Where a third, neutral party assists and facilitates between both sides to come to a reasonable resolution before trial begins. Must be completed within 45 days of first conference...
  21. A process where neutral third party or panel considers facts and arguments and renders a decision...can be binding or non-binding.
  22. Jury Selection (voir dire)
    • Jury usually consists of 6 jurors
    • Each side has three (3) peremptory challenges
    • Each side can also challenge for cause (such as knowing a member of the prospective jurors)
  23. Invoke the rule:
    Court may order witnesses excluded from the proceeding to keep them from hearing prior testimony of other witnesses...must be invoked
  24. Time Computation
    Do not count day of the act, Saturdays, Sundays, or legal holidays in time computations
  25. Affirmative Defenses (19)
    * Contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter consitituting an avoidance or affirmative defense
  26. Florida is a Notice Pleadings State
  27. Needed for Breach of K
    • Must have a K (offer, acceptance, & consideration)
    • Must hava a breach of said K
    • Must have damages
  28. Request for Admissions
    • Verification of truth in statements
    • "authentication of documents"