Chapter 4 The Courts

Question 1

General Concept

Answer 1

The judicial power shall be vested in a supreme court, district courts of appeal (DCA), circuit courts, and county courts. No other courts may be established by the state, any political subdivision or any municipality…the Legislature may create civil traffic hearing officers.

Question 2

Supreme Courts

Answer 2

Florida Supreme Court cannot intervene in a case of interest without establishing the proper jurisdiction granted by the Constitution

Question 3

The Mandatory jurisdiction of the Supreme Court is:

Answer 3

• Trial court judgments imposing the Death penalty;
• District courts of appeal decisions invalidating a state statute or a provision of the state constitution;
• Administrative actions of statewide agencies relating to utility service and rates (electric, gas, or telephone); and
• Bond validations or certificates of indebtedness by trial courts as provided by law

Question 4

The Discretionary jurisdiction of the Supreme Court is

Answer 4

• Decisions of a DCA in the following situations:
  
  • DCA decisions that “expressly” declare a state statute “valid”
  • DCA declarations expressly construing a section of the state or federal constitutions
  • DCA decisions expressly affecting a class of constitutional or state officers
  • DCA decisions the expressly and directly conflict with a decision of another DCA or the Supreme Court (per curiam decisions are not applicable)
  • DCA decisions that a DCA, on its own initiative, certifies its decision is in direct conflict with another DCA’s decision (the DCA asks the Supreme Court to solve the issue)
• By-pass Certification
• Federal Certification
• Administration of:
  
  • Rules of Practice and Procedure (i.e. civil, criminal, etc.)
  • Admission and discipline of attorneys
• Writs

Question 5

MANDATORY JURISDICTION (FL Supreme Court)

Death Penalty:

Answer 5

The Supreme Court has jurisdiction over all proceedings involving death penalty convictions

Question 6

MANDATORY JURISDICTION (FL Supreme Court)

DCA Decisions

Answer 6

DCA decisions invalidating a state statute or a provision of the state constitution:

• Note: Declaring a statute or constitutional provision invalid creates mandatory jurisdiction, however, declaring it valid creates discretionary jurisdiction

The Supreme Court lacks (mandatory and discretionary) jurisdiction over unelaborated per curiam decisions

Question 7

MANDATORY JURISDICTION (FL Supreme Court)

Administrative…

Bond …

Answer 7

Administrative actions of statewide agencies relating to utility service and rates (electric, gas, or telephone); and

Bond Violations

Question 8

DISCRETIONARY JURISDICTION (FL Supreme Court)

Answer 8

The Court will occasionally write a decision simply detailing why it does not have jurisdictional authority to hear the case under the Constitution

Question 9

DISCRETIONARY JURISDICTION (FL Supreme Court)

Decisions of a DCA

Answer 9

1. DCA decisions that expressly declare a state statute valid
2. DCA declarations expressly construing a section of the state or federal constitutions
3. DCA decisions expressly affecting a class of constitutional or state officers
4. DCA decisions the expressly and directly conflict with a decision of another DCA or the Supreme Court (per curiam decisions do not create conflict)
   • The Supreme Court said it cannot review a per curiam decision (nothing written or a case cited)
5. DCA decisions that pass upon a question certified by it to be of great public importance
6. DCA decisions that a DCA certifies its decision is in direct conflict with another DCA’s decision (the DCA asks the Supreme Court to solve the issue)
7. May review a trial court order that is currently on appeal to a DCA, where the DCA certifies the issue to be of great public importance or the issue has a great effect on the proper administration of justice throughout the state and requires immediate resolution by the Supreme Court
8. May review a question of law certified by the US Supreme Court or US appellate court, which is determinative of the outcome and where there is no Florida Supreme Court precedent