Subject Matter and Personal Jurisdiction Flashcards

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1
Q

What is Subject Matter Jurisdiction?

A

The authority of a court to judge a dispute. The power or competence to decide the KIND of controversy involved.

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2
Q

Florida has how many district courts of appeal?

A

There are 5 appellate districts in Florida.

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3
Q

How many circuit courts are in Florida?

A

20

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4
Q

How many county courts are in Florida?

A

67

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5
Q

In 2019, How much money needs to be in controversy to move a case from county court to circuit court in Florida.?

A

15k

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6
Q

In 2020, How much money needs to be in controversy to move a case from county court to circuit court in Florida.?

A

30k

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7
Q

In 2023, How much money needs to be in controversy to move a case from county court to circuit court in Florida.?

A

50k

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8
Q

Who has appellate jurisdiction over county courts?

A

Circuit Courts unless there is a “certified” question (constitutional/conflict among courts/great importance) which allows them to skip up to District Court of Appeal

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9
Q

What types of cases are heard in county court?

A

Misdemeanors, small claims up to 5k, Civil up to and including 30k now, and traffic.

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10
Q

What types of cases are heard in circuit courts?

A

Felonies, family law matters, civil cases over 30k, probate/guardianship/mental health/ and appeals from the county courts.

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11
Q

What types of cases are heard in District Courts of Appeal?

A

All matters not directly appealable to the Supreme Court, Final Actions of State agencies.

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12
Q

What types of cases does the Florida Supreme Court hear?

A

Death penalty cases, cases it selects, constitutional relevant cases, and utility rates cases.

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13
Q

What is personal jurisdiction?

A

This is the power of the court over a person.

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14
Q

What are the bases of personal jurisdiction?

A

1). Presence 2). Domicile 3). Consent 4). Appearance 5). Minimum Contacts

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15
Q

How many domiciles can a person have in Florida?

A

A person can only have one domicile, you can have many residences but only one place you actually are domiciled.

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16
Q

What are the minimum contacts that activate personal jurisdiction?

A

Sufficient minimum contact that doesn’t offend fair play.

17
Q

What is a motion to strike?

A

This is a motion to take something out of the pleading that doesn’t belong there.

18
Q

What is a motion for a more definite statement?

A

This means that you don’t understand what the pleading says and you need clarity.

19
Q

When you have a bench trial what does the judge decide?

A

The Bench trial allows the judge to judge facts and laws.

20
Q

What is General vs. Specific Jurisdiction?

A

General jurisdiction means that the D engages in general substantial and not isolated activities so then they are subject to general jurisdiction and can be sued in Florida for any claim, even one that is unrelated to the Floria activities. Specific jurisdiction means that the D can only be sued for a claim that arises from particular activities in Florida.

21
Q

What is the Florida Long Arm Statute?

A

This means that when people do certain things they create jurisdiction over themselves in Florida. 1). Being in business2). Committing a tort 3). owning a home with a mortgage 4). insuring someone/something 5).having ex with someone in Florida (paternity) 6). breaching a K 7.
engaging in substantial activities in the state.

22
Q

What is In Rem Jurisdiction?

A

this is where the court makes a judgment for all people concerning a piece of property.