Judiciary Flashcards

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1
Q

FL Supreme Court

A

Has 7 justices, one from each appellate district.
5 Justices is a quorum
4 must concur on a decision

Appointed by governor. Serve 6 year terms, then voted by retention vote to continue.

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2
Q

Judicial Commissions

A

Judicial Nominating Commission: Provides nominations of judges to Governor.

Judicial Qualifications Commission: Determines judge fitness to serve.

  • Can recommend removal or reprimand
  • If Supr Ct Justice recommended for either, 7 most senior circuit judges sit as the supreme ct.

Florida Commission of Ethics investigates all other public officials (except judges).

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3
Q

Judicial Qualifications

A

Supreme Ct and Appelate Ct Justices:

  1. Member’s of FL bar
  2. Member’s of bar for preceding 10 years

Circuit/County Ct judges in county’s of more than 40,000 ppl.
1. Member of FL bar for preceding 5 years
If under 40,000
1. Member of FL bar

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4
Q

Supreme Ct Mandatory Review

A
  1. Death Sentences
  2. Bond Validation
  3. Decisions by Dist Ct of Appeal declaring statutes/provisions invalid
  4. Statewide utility rates
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5
Q

Supreme Ct Discretionary Review

A

May review:

  1. Expressly affecting a class of constitutional officers
  2. Conflicting decisions between DCA’s
  3. Statute and Constitution validity by DCA
  4. Certified as an issue of great public importance by DCA
  5. Where Trial Ct certifies as great public importance
  6. Questions of FL law raised by Federal Ct’s
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6
Q

Supreme Court Administrative

A
  1. Rules of practice and procedure for all courts
  2. Florida Bar

-Exclusive power to admit/discipline atty’s

Legislature may repeal a rule by 2/3 vote, but can’t amend/pass laws dealing with court practices or procedures.

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7
Q

Dist Ct of Appeal Mandatory review

A
  1. Final orders of Circuit Ct’s

2. Final orders of State agencies

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8
Q

Dist Ct of Appeal Discretionary review

A
  1. Non-final orders of Circuit Ct’s
  2. Final orders of Circuit Ct in its appellate capacity.
  3. County certifies of great public importance
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9
Q

Circuit Ct’s jurisdiction

A
  1. Probate
  2. Juvenile cases
  3. Felony cases
  4. Tax assessment cases
  5. Appellate jurisdiction over county courts
  6. Actions involving title or boundaries of real property
  7. Amount sought exceeds $15,000 (or equitable remedy)
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10
Q

County Ct’s jurisdiction

A
  1. Ordinances
  2. Misdemeanors
  3. Traffic infractions
  4. Amount sought $15,000 or less
  5. Dissolution of marriage
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