Court Procedures - Quick Reference Notes

Federal law applies to all states and territories, while state law applies within its own jurisdiction.
In case of conflict between federal and state law, the federal law wins (Supremacy Clause).
If a state law is specific but the federal law is generalized, the state law wins.

Legislative
- Creates laws; run by the people; includes the House of Representatives and Senate.
- Can override a presidential veto with a vote of in both chambers.
Executive
- President signs or vetoes bills; enforces laws.
Judicial
- Interprets laws; determines if laws are constitutional.

Florida has $20$ Circuit Courts and $67$ County Courts; $6$ District Courts of Appeal; Broward County is in the $4^{th}$ District Court of Appeal. The Florida Supreme Court is in Tallahassee.
Trial court: where a lawsuit begins.
Civil: disputes about money or actions involving money; victim is the party harmed.
Criminal: an offense against society; victim is society.
Appellate Court has two levels: District Court of Appeal (appellate) and Circuit Court; County Court handles specific minor matters (TI: Traffic Infraction, TC: Traffic Criminal, MM: Misdemeanor 1–3).
The Supreme Court oversees ultimate appellate review; Juries and judges participate in appeals.
Juries’ verdicts are final and cannot be appealed unless you find a judicial mistake that led to the jury verdict

Broward County is in the $17^{th}$ Judicial Circuit and belongs to the $4^{th}$ District Court of Appeal.

Court Type	Description
Circuit Courts	20 Circuit Courts in Florida; trial courts for civil and criminal cases.
County Courts	67 County Courts; handle minor matters and specific cases.
District Courts of Appeal	6 District Courts; review decisions from lower courts for legal correctness.
Florida Supreme Court	Highest court in Florida; oversees ultimate appellate review.

The trial court is where a lawsuit begins.
Civil vs Criminal distinctions:
- Civil: money or action; victim is the party harmed.
- Criminal: a violation against society; punishment serves society.
Court roles:
- Judge: interprets the law (Trier of Law).
- Jury: determines the facts (Trier of Fact).
- Prosecutor (criminal law)/Plaintiff (civil law): must prove the case to the jury.
- Assistant Clerk of Court supports court operations & handles all paperwork & documents
- Stenographer: types everything said in the courtroom
- Court deputies guard the judge and jury.
Law enforcement types:
- Troopers: state roads.
- Sheriffs (largest): county law enforcement (elected; deputies).
- City Police: operate within city limits; jurisdictional limits apply.
If a judge misinterprets the law, an appeal can be pursued.

An appellate court has 3 judges; no witnesses; proceedings are timed.
Petitioner (the appealing party) files an appellate brief and has rebuttal time.
Respondent (the defending party) files an appellate brief.
The Majority Opinion determines the result; dissenting opinions are written by judges who disagree; dissent is not the controlling law.
The District Court of Appeals (an intermediate appellate court) reviews lower court decisions for legal correctness. Three judges hear cases, and there is no jury. Oral arguments typically last about 30 minutes, with the last 10 minutes reserved with the last $5$ minutes for rebuttal.
Petitions start with the appellant; respondents respond.
Statutory law vs Common law:
- Statutory: written laws created by legislative bodies.
- Common law: unwritten law developed through judicial decisions and precedents. They are opinions
Brief: Notice of Appeal filed, trial record prepared, legal briefs submitted, and judges issue written opinions.

A writ of certiorari is required for the Supreme Court to hear a case; denial leaves the lower court ruling in place.
If granted, the case is docketed; detailed briefs are filed; oral arguments may be heard; justices deliberate and issue a written opinion.
The Court grants certiorari when a case has national significance or when there is disagreement among lower courts.
There is no federal district court of appeals equivalent to the Supreme Court; certiorari decisions at the Supreme Court level control.
Concurrent opinions: agree with the majority for different reasoning; Dissenting opinions: disagree with the majority.
Appeal process overview:
- Notice of Appeal filed within a set timeframe.
- Trial record prepared; appellant writes a legal brief detailing errors.
- Appellate court reviews briefs; sometimes oral argument.
- Judges issue a written opinion; result can affirm, reverse, or remand for a new trial.

A crime begins with a substantial step toward committing the act, not merely thoughts (inchoate crimes).
- Any evidence that comes out in the trial, the jury decides when there was premeditation
Types of crimes:
- Spontaneous crimes: occur without prior planning. Accident
- Premeditation: planned in advance.
The judge interprets the law; the jury interprets the facts; the jury is the trier of fact.
Prosecutor/Plaintiff bears the burden to prove the case to the jury.
Key court roles: Assistant Clerk of Court; Stenographer; Court deputies guard the judge and the jury.
Types of law enforcement:
- State Troopers; County Sheriffs; City Police; jurisdiction matters apply across agency boundaries.
If a judge makes an error in interpreting the law, it can be appealed.