PLA 3104-Chapter 4

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PLA 3104-Chapter 4
2010-02-28 14:11:11
PLA 3104 Chapter 4

PLA 3104- Chapter 4
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  1. Limit on State Constitutions
    State Constitutions may not violate the Federal Constitution or any other federal statute in place.
  2. General Structure of court system
    3) Court of Last Resort

    2)Int Appellate Court

    1)Trial Court
  3. Florida Court System Structure
    3)Supreme Court (located in Tally)

    2.)District Court of Appeals (DCA)

    1.)Circuit Court (felonies
  4. Circuit System in Florida
    -67 counties in florida each belonging to a judicial circuit

    • -Judicial jurisdictions are called circuits
    • -20 judical circuits

    -Circuits are generally divided by population
  5. Federal Court System
    3.) Supreme Court

    2.)Circuits (Florida is in the 11th Circuit)

    1.)District Courts ( There are 3 in Florida)

    • *USA divided up into appellate juridisctions known as circuits
    • -The 9th Circuit in Florida is not the 9thcircuit court of appeals
  6. Mandatory vs. Persuasive
    -Only a judge can decide how persuasive or mandatory and case law is

    • -Cases from own DVA are extremely powerful
    • -Most judges have a healthy respect for other DCA's

    -It is the judges job to push each sides logic to the limit
  7. Trial Court Characterisitics
    • -Has jury/ judge and parties at repsective places
    • *Main goal is to determine the facts
    • -The fact finder is typically the jury
    • -Function to credibilty... who is the judge going to believe
  8. Appellate Court Characteristics
    • Appellate process vastly different from trial (setting)
    • -Panel of judges questioning counsel about appellate brief
    • -Judges intentionally directly juxtapose attys
    • -Appellate court CAN NOT overtrun the facts
    • -Appellate judges not in situtation to determine credibilty