BUL 3310 Study Guide Exam 1 The Legal Method of Thinking 1 Separate relevant from irrelevant 2 Be Prepared to Vigorously Justify Your Position with an Arsenal of Supportive Data and 3 Develop the Ability to Think on Your Feet Fact Course Tools 1 Semantics the branch of the science of language that deals with the meaning of words 2 Logic extracting legal rules from past cases by inductive reasoning a Koikos a Example i Law By statute all unsigned will are void ii Facts This will is Unsigned iii Decision This will is void b Florida Case i Daddy s Will ii The Father signed Daddy claiming that he was often referred to as Daddy and that he signed to all family in that way The court ruled that Daddy in his situation was a sufficient signature 1 Signature any symbol adopted by a party to authenticate a writing 2 Signature in this situation goes back to understanding semantics In seeing how vaguely this word is defined it presented the opportunity for this signing to be valid 3 Stare Decisis the doctrine of precedent Let the decision stand c Florida Intestate Law a The Use of Prior Cases i Advantages 1 Certainty in the law 2 Equality in the law 3 Make judicial decision making easier a Don t have to reinvent the wheel so the decision is already there ii Disadvantages 1 Perpetuating a mistake a b Inconsistencies in morals within law If a past case had a bad ruling then similar cases in the future may also have this bad ruling 4 Common Sense The law is not an enemy of common sense a Fault based liability Responsible for your actions Dog bite Who is responsible Structure of Florida Judicial System 1 Trial Courts Civil and Criminal Contested Elections for Judges a County Courts i 15 000 of less ii 322 Judges with 6 year terms iii At least one judge in each county iv v Usually misdemeanor trials Judges Preside Individually One Judge per Case b Circuit Courts BIG court i More than 15 000 ii 599 Judges with 6 year terms Must have been practicing law in FL for preceding 5 years Judges Preside Individually One Judge per Case iii Twenty Judicial Circuits w different number of judges in each iv v Felony cases vi Jurisdiction 1 Matters not assigned by statute to the county courts and also hear appeals from county courts Controversies involving the estates of decedents minors and persons adjudicated to be incompetent Juveniles criminal prosecutions for felonies tax disputes and property issues 2 Appellate Courts No judge has ever been rejected merit a District Courts of Appeal Reviews potential errors of Law i 62 Judges with 6 year terms Appointed by Gov t 1 Every 6 years you are up for merit retention which places you on the ballot asking if people still like you ii 5 districts Tallahassee is District 1 with 15 Judges Includes Pensacola to Jacksonville and Gainesville iii Cases are reviewed by 3 Judge Panels 3 Judges per Case iv The bulk of appeals are never heard by the Supreme Court but instead reviewed by the District Court of Appeals Everything about judges is the same as the Supreme Court Jurisdiction v 1 Appeals from final judgments or orders of trial courts cases that either are not directly appealable to the supreme court or are not taken from a county court to circuit court and to review the certain non final orders i 7 Justices with 6 year terms Appointed by Governor 1 Florida has 7 US Supreme Court has 9 2 Every 6 years you are up for merit retention which places you on the ballot asking if people still like you 3 Must have 10 years prior practice of Florida law 4 Appointed from a group of 3 6 people selected by Judicial Nominating b Supreme Court Commission ii Sits in Tallahassee iii 5 Justices constitute a Quorum 1 Justices are Supreme Court Judges iv Chief Justice 1 Elected by majority vote within the justices rotated every 2 years v Office of the State Courts Administrator 1 Serves as liaison between the court and the three branches of Gov t and the auxiliary agencies and national court research planning agencies vi The Clerk vii The Marshal 1 Receives and holds all documents related to the court 1 Deputizes sheriff orders and distributes supplies serves as custodian and supervises security viii Jurisdiction 1 Must see death penalty or validate bonds or certificates of indebtedness any situation where the declared invalid and state statute or provisions of the state constitution or any time a statewide agency takes actions against electric gas or telephone utilities 2 May also see any other appeal if they so choose too They have the authority to issue the extraordinary writs necessary to complete exercise of its jurisdiction Writ an order commanding a person or entity to perform or to refrain from performing a particular act 3 Also renders advisory opinions to the governor on questions pertaining to the governors constitutional duties and powers 4 Finally they have the authority to discipline and remove judicial Categories of Law officers 1 Criminal 2 Civil 3 Substantive a Punishing Offenders a Resolution of Dispute 4 Procedural a Sub branch of Criminal and Civil b The what of the law c Rights and Duties a Sub branch of Criminal and Civil b The How of the law c How to be enforce Stages of a Lawsuit Approximately 4 Million case Filings in the State of FL Every Year 1 Pleadings Requesting a Complaint i Plaintiff is complaining Believes they deserve compensation for something ii EXAMPLE Perkins v Doop complaint 1 Damages exceed 15 000 2 Defendant owned and operated a vehicle on day of crash in location of crash 3 Defendant negligently operated their vehicle causing a collision 4 AS A RESULT plaintiff suffered injury and pain causing suffering disability disfigurement mental anguish loss of capacity for the enjoyment of life and many expenses including lost wages The plaintiff demands judgment for damages against defendant iii Economic Damages iv Non economic Damages 1 Medical expenses Wage loss and Property Damage 1 Pain and suffering loss of capacity to enjoy life and Loss of consortium Companionship b Answer i Defendant responds ii EXAMPLE Perkins v Doop Answer 1 Allegations of Paragraph one he does not know actual price therefore denies 2 Paragraph two is admitted 3 Paragraph three is denied Defendant not acting negligent 4 Paragraph four is denied since not acting negligent not the reason of collision 5 Defense claims that plaintiffs negligence contributed therefore defendant hopes that plaintiff recovers nothing and that costs be taxed against the plaintiff iii At Issue 1
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