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Florida Court System
District Court of Appeals
Florida Supreme Court Jurisdiction
- Discretionary appeals, appeals from the District Court of Appeals, Some original and exclusive jurisdiction
- Mandatory on all state constitutional issues
District Court of Appeals: Jurisdiction
Appeals from Circuit Courts
Orange/ Osceola Counties are in 5th DCA
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
Florida County Courts: Jurisdiction
Civil actions less than 15k, small claims up to 5k, misdemeanors, traffic
US Supreme Court: Jurisdiction
- Discretionary appeals & some original or exclusive jurisdiction: Mandatory on Consitutional matters
- Appeals heard from the Circuit Court of Appeals (CCA)
US Circuit Court of Appeals: Jurisdiction
Appeals from US District Courts
* Florida is in 11th Circuit
US District Court: Jurisdiction
- Fedearl questions, crimes and statutes
- & civil actions with diversity of citizenship + exceeds 75k
True or False?
Florida Circuit Court judges are elected?
True or False?
Florida Supeme Court judges must face merit retention?
What state officer is responsible for the budget?
What state officer is responsible for issuing clemency?
What state officer is responsible for defending the constitutionality of statutes enacted by the Florida legislature?
What state officer is responsible for protecting consumers from unfair anddeceptive business practices and providing consumer information?
Commissioner of Agriculture
Which is first?
Case Management Conference or
Case Management Conference
Class Actions must be...
certified by the court/ judge
Elements of Negligence
Elements of Discovery
- Written Interrogatories
- Production of documents, etc
- Physical &/or mental examinations (IME)
- Requests for Admissions
Alternative Dispute Resolution (ADR)
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...
A process where neutral third party or panel considers facts and arguments and renders a decision...can be binding or non-binding.
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)
Invoke the rule:
Court may order witnesses excluded from the proceeding to keep them from hearing prior testimony of other witnesses...must be invoked
Do not count day of the act, Saturdays, Sundays, or legal holidays in time computations
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
Florida is a Notice Pleadings State
Needed for Breach of K
- Must have a K (offer, acceptance, & consideration)
- Must hava a breach of said K
- Must have damages
Request for Admissions
- Verification of truth in statements
- "authentication of documents"