Pardo-n my French
This is the Florida Supreme Court decision discussed in class readings that describes the hierarchy of authority within the Florida court system.
What is . . . Pardo v. State, 596 So. 2d 665 (Fla. 1992)
This court has jurisdiction over felonies and misdemeanors arising out of the same circumstances as a jointly charged felony.
What is the circuit courts
The district courts of appeal in Florida are required to follow which state court decisions?
What is . . . the Florida Supreme Court
If I am addressing the courts on a legal issue, am I required to disclose to the courts if a conflicting rule of law exists even though the disclosure may negatively impact my case?
Yes. Rule 4-3.3 Candor Toward the Tribunal.
The decisions from a court lower than the one in question have what effect as a general rule on authority?
What is . . . they are never mandatory
Is a case from the Supreme Court of Georgia, binding on the Florida 4th District Court of Appeal?
No. A case from the Supreme Court of another state is only binding on the lower courts within that state.
This court has jurisdiction over all violations of municipal and county ordinances.
What is county courts.
This is the type of review that the Florida Supreme Court has over any decision of a district court “that is certified by it to be in direct conflict with a decision of another district court of appeal.”
What is . . . discretionary review jurisdiction
On a matter of first impression, if both the 2nd DCA and the 3 DCA have ruled on the issue, but those decisions are in conflict, the trial court in the 17th Circuit is required to follow which court’s decision?
What is . . . neither is mandatory
When decisions cover points of federal law, the decisions of this court are mandatory authority in all courts, federal and state.
What is . . . the United States Supreme Court
The principle of diagonal authority exists in which Florida state courts?
What are . . . Trial courts only
You have a client who was arrested for an alleged misdemeanor in Broward County. Will there case be heard in the County Court or Circuit Court?
County Court for minor criminal allegations and civil disputes.
The number of district courts of appeal in Florida.
What is . . . six
What source is more persuasive on a case arising from the 11th Judicial Circuit of Florida interpreting an element a negligence claim: (1) a case from the Florida 4th DCA interpreting the verbiage of the Florida State Statutes where no conflicting opinion exists or (2) a case from 11th Circuit Court of Appeals interpreting a similar statute from the U.S. Code?
What is the case from the 4th DCA interpreting the Florida Statute.
Generally speaking, which is more persuasive? Primary or secondary authority?
What is . . . Primary Authority.
Is a case from the 2nd DCA of Florida binding on the 17th Judicial Circuit of Florida if there is a conflicting opinion held by the 3rd DCA?
No. Since there are two contradictory opinions at the Florida Appellate level then neither case is binding on the 17th Circuit which is under the 4th DCA. (Pardo)
You have a client who wants to allege a civil complaint in Broward County against their neighbor with damages totaling over $50,000.00. Would this case be heard in County Court or Circuit Court?
Circuit Court for Civil disputes with damages totaling over $50,000.
In the federal system, decisions of the circuit courts of appeals are binding only on which courts?
What are . . . only on the trial courts located within those circuits
Is a case from the Florida Supreme Court binding on the Southern District of Florida in a case where the Southern District is interpreting the meaning of a Florida state statute?
Yes. Interpretation of State law from the highest state court is binding on Federal courts when interpreting state law.
Is a case from the Middle District of Florida binding on 15th Judicial Circuit of Florida?
No. Federal Court cases are persuasive but non-binding on state courts.
Your case is being heard within the 15th Judicial Circuit of Florida. There are cases from the 2nd District Court of Appeal and the 3rd District Court of Appeal that directly address your legal issue. The opinions from the 2nd DCA and the 3rd DCA are not in conflict. Are these cases binding on your case out of the 15th Judicial Circuit, which is under the jurisdiction of the 4th DCA?
Yes. The two cases are not in conflict so Pardo and diagonal authority still apply.
I am appealing a Florida 17th Judicial Circuit trial case. Where can I file my appeal?
The 4th DCA.
How many federal appellate courts are located within the state of Florida?
What is . . . 3
Which source is more persuasive on a case arising out of the Middle District of Florida addressing an issue of Florida State Law: (1) A case from the Florida Supreme Court or (2) a case from the Southern District of Alabama?
The case from the Florida Supreme Court.
The decisions of the Florida Supreme Court are binding on all other Florida state courts through which principle?
What is . . . stare decisis.