Learning Objectives:

Given background materials (or access to the INTERNET), the student will gain information about the Florida State Courts System and what courts make up this system.

Based on background materials (or access to the INTERNET), the student will discriminate among the types of cases that come before the courts in Florida and the types of courts that handle these cases.

Based on background materials (or access to the INTERNET), the student will identify differences between the trial and the appellate courts systems.

Suggested Learning Activities:

1.  Assign students to hyperlink and read the document Florida State Courts System which provides a general description of the different levels of court systems in Florida and the functions of the trial and appellate courts.  

2.  Assign students to hyperlink and read A Civil Case or Criminal Case? which describes a civil action or criminal case in Florida.

3.  Conduct a discussion with students about the role and function played by trial courts, district courts of appeal, and the Supreme Court of Florida.

4.  Flowchart the basic path a criminal or civil case takes through the judicial system including appeals from various levels of courts.

5.  Discuss the following situations and require the students to determine the type of case (criminal or civil), and the level of state court (county court, circuit court, district court, or supreme court) that would be required to appropriately resolve a case.  The jurisdiction of Florida’s courts is determined by Article V of the Florida Constitution.

• Read Article V, sections 3-5.  

A.  After Scrooge McDrake dies, his housekeeper produces a will that leaves all of McDrake's money to her.  McDrake's nephew Donald Ducque claims that the housekeeper's will is a fake and that he should inherit all of the money as he is McDrake's only living relative.  Which court will handle this case?

(Answer: The circuit court handles all controversies involving the estates of decedents.)

B.  Donald Ducque hired Goofy to paint his house and paid him $8,000 to do the job.  Goofy decided that a vacation would be more fun than painting and headed for the beach without lifting a paintbrush.  Donald is suing Goofy to recover the money.  Which court will handle this case?

(Answer: The county court has jurisdiction over civil disputes involving less than $15,000.)

C.  Donald Ducque tells his friends that he's going to "take care" of that "good-for-nothing Goofy" if he ever gets his hands on him.  When Goofy shows up at Donald's house all tanned and rested, Donald hits him over the head with a can of paint and paints him blue.  After poor Goofy dies from the trauma, Donald is charged with first-degree murder.  Which court will handle this case?

(Answer: The circuit court has jurisdiction over all criminal prosecutions for all felonies.)

D.  After the guilt and penalty phase proceedings in circuit court, Donald is convicted of first-degree murder and sentenced to death.  Which court will handle the appeal?

(Answer: The Florida Supreme Court must hear all appeals from final judgments of trial courts imposing the death penalty.)

E.  On appeal, the Florida Supreme Court vacates Donald's death sentence and sends the case back to the trial court for a new penalty phase proceeding.  This time Donald is sentenced to life imprisonment with no chance of parole.  Which court will handle this appeal?

(Answer: The district court of appeal has jurisdiction over appeals from final judgments of trial courts that are not directly appealable to either the Supreme Court or a circuit court.)

F.  Donald's life sentence is affirmed on appeal.  This leaves Donald's three young nephews  without an adult guardian.  Donald's cousin Daffy Mallard wants to be appointed the boys' legal guardian.  Which court will handle this case?

(Answer: The circuit court has jurisdiction over cases involving guardianships.)

G.  Donald’s nephews decide to walk down to the McBurger’s Restaurant to get a midnight snack.  The boys, who are only ten years old, are stopped by a police officer and charged with violating the Dizzyville juvenile curfew ordinance.  The Dizzyville prosecutor files a petition for delinquency against the boys for violating the curfew.  Which court will handle the petition?

(Answer: The circuit court has jurisdiction over cases involving juveniles.)