Boys State Bar Exam

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31 Terms

1
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Who makes up the Judicial Branch?

Lawyers, judges and courts

2
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When does the judicial branch of government intervene?

Legislative branch enacts unconstitutional laws or the executive branch abuses power

3
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Where do all branches of government derive their power from?

The law which originates from the US Constitution

4
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What are Florida Law's origins?

The US Constitution, Florida Constitution, and the system of common law

5
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What is a common law system?

In this system, a law develops on a "case by case" basis; once a decision is made in the case a precedent is established to follow which is a new legal principle that fills in the gaps of the original legislation

6
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What are the two primary courts systems in the US?

The federal court system and the state court system

7
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What do federal courts do?

Resolve disputes between citizens or companies in different states and enforce federal laws passed by the US Congress

8
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What do state courts do?

Resolve disputes between citizens of that particular state and laws passed by the legislative branch of the state

9
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What is the most important power of the judicial branch?

Judicial Review

10
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What is judicial review?

Courts have the power and duty to subject certain limitations, to review any law passed by the legislative branch of government and signed by the executive

11
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Judicial review originated from which court case?

Marbury v. Madison in 1803

12
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What two disputes does the judicial branch resolve?

Civil and Criminal

13
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What are civil cases?

lawsuits that involve disagreements between people rather than crimes

14
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What are criminal cases?

Occurs when the government attempts to prosecute an individual for committing a crime

15
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In Florida, in almost every case, the same judges and same courts try both criminal and civil cases - True or False

True

16
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In criminal trial, the government must prove its case...

"beyond a reasonable doubt"

17
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In civil cases, one side must prove that it is...

"more probable than not"

18
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What is preponderance of evidence?

The level of proof required to prevail in most civil cases. The judge or jury must be persuaded that the facts are more probably one way (the plaintiff's way) than another (the defendant's).

19
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Every judicial proceeding begins where?

At the trial court level in either county or circuit court

20
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How many judicial circuits and county courts in Florida?

Twenty Circuits and a county court in each of Florida's 67 counties

21
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How long of terms do county and circuit judges run for?

6-year terms

22
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What is a Chief Justice?

Located in each judicial circuit carries out admin duties for both county and circuit courts

23
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County courts are known as what?

"The people's courts" because they involve disputes between people less that $15000

24
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Appeals of county court decisions are made to

Circuit courts, but trials are held in circuit courts

25
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Circuit courts serve as both

A trial and appellate court

26
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Circuit courts hear cases involving what?

Juveniles, criminal prosecutions, etc, and monetary disputes between people more than $15000

27
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Decisions of the circuit court are appealed to

District Courts of Appeal

28
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What is the District Court of Appeal?

Where the proceedings of the county or circuit courts are reviewed to ensure the trial was performed and the judge followed the law correctly

29
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Where are the DCA headquarters?

Tallahassee, Lakeland l, Miami, West Palm Beach, and Daytona Beach

30
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How many judges listen to cases brought to the DCA?

Three

31
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Judges are placed into the DCA based on what?

A system known as "merit selection and retention"