Learning Objectives:

1.       Gain information about the Florida state court system and what courts make up that system;

2.       Discriminate among the types of cases that come before the courts in Florida and the types of courts that handle these cases; and

3.       Identify the differences between the trial and appellate court systems.

Tools for Achieving Learning Objectives: 

Background materials and access to the Internet.

Suggested Learning Activities:

1.       Assign students to 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.  This document can be found at the following web address: http://www.floridasupremecourt.org/education/cybercourt/fcs.html.

2.       Assign students to hyperlink and read “A Civil Case or Criminal Case,” which describes a civil action versus a criminal case in Florida.  Students can access this document by linking to the Florida Bar’s web page at http://www.flabar.org.  Students should click on “Consumer Services,” then “Call-A-Law,” then “A Civil Case or a Criminal Case.”

3.       Conduct a discussion with students about the role and function of 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 resolve the case.  The jurisdiction of Florida’s courts is determined by Article V of the Florida Constitution.  Students can read Article V, Sections 3 - 5 by accessing the following web page: http://www.flsenate.gov/Welcome/index.cfm.  There students can access a copy of the state constitution by clicking on “Statutes & Constitution.”

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).

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 sues Goofy to recover the money.  Which court will handle the case?

(Answer:  The county court has jurisdiction over civil disputes involving amounts not exceeding $15,000).

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 from his vacation, 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).

After Donald’s trial at the circuit court, Donald is convicted of first-degree murder and sentenced to death.  (Note that a first-degree murder trial consists of two phases, the guilt phase to determine whether Donald was guilty of first-degree murder and the penalty phase to determine whether he should receive life imprisonment or the death penalty).  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).

On appeal, the Florida Supreme Court vacates Donald’s death sentence and sends the case back to the circuit 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 (including county courts) that are not directly appealable to either the Supreme Court or a circuit court).

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).

Donald’s nephews decide to walk down to 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).