Section 13.4: The State Judicial Branch

Lower State Courts Most legal matters that arise within a state fall under the state court system. Most states have a three-tiered system similar to the federal court system.

Florida Court System Florida has a four-tiered court system. The lowest level of courts in Florida is the County Courts which hears less serious cases……then the Circuit Courts which are the trial courts that hear the more serious cases. The next level is the District Courts of Appeal, and the highest court in FL is Florida Supreme Court. FL Supreme Court District Courts of Appeal Circuit Courts County Courts

Courts of Last Resort Intermediate Courts of Appeals Courts of Limited Jurisdiction Courts of General Jurisdiction Courts of Limited Jurisdiction

County Courts “Lower Florida Courts” The county courts are sometimes referred to as the "people's courts." A large amount of the courts work involves voluminous citizen disputes such as traffic offenses, misdemeanors, and disputes over money

County Courts A justice court is the local court in many rural areas and the judge is called a justice of the peace. These courts handle misdemeanors or less serious crimes.

County Courts Larger towns may have police courts, municipal courts or magistrate courts, which are run by court personnel to expedite court proceedings. These courts handle minor cases such as teen court, traffic violations, disturbing the peace, or civil cases involving sums of money less than $1,000.

Florida Circuit Courts “Upper Lower Florida Courts” The Circuit courts are sometimes referred to as courts of general jurisdiction in recognition of the fact most criminal (felonies) and civil cases (over $15,000) originate at this second tier level of the Florida courts. 

General Trial Courts General trial courts (aka Circuit Courts) hear cases where defendants are accused of felonies such as murder, armed robbery, drug trafficking, and other major crimes.

General Trial Courts Trials in these courts may be held before a jury. It is the judge’s job to make sure the trial is conducted fairly and lawfully.

District Courts of Appeal “Middle Courts – Courts of Review” The Florida Constitution says that the Legislature will divide the state into appellate court districts and that there shall be a district court that serves each district. There are five appellate districts that in Florida: Tallahassee, Lakeland, Miami, West Palm Beach and Daytona Beach. Their main responsibility is to hear appeals (review decisions) from lower courts.

Appellate Courts Appellate Courts review decisions made by trial courts. Appeals courts do not have juries. Instead, a panel of judges hears cases and decides the outcome by a majority vote. (Uphold, reverse, remand)

Florida Supreme Court “Highest Court in Florida” The highest court is the Florida Supreme Court. Hundreds of cases are appealed and very few make it to this court. The Court is required to review final orders imposing death sentences, state constitution violations, and certain orders of the Public Service Commission on utility rates and services. As well, the Court can use it's discretion (judgment) to take cases that they wish to hear.

State Supreme Court The Florida State Supreme Court is the highest court in our state. It reviews decisions of appeals courts and is responsible for supervising all courts in the state.

State Supreme Court It is also the Florida Supreme Court’s job to interpret the Florida Constitution. State Supreme Courts can have between 5 and 9 justices. Florida has 7 justices. Except for cases involving the federal law or the United States Constitution, the decisions of the State Supreme courts are final.

Selection of Justices State justices usually have longer terms of office: 6-12 years. There are three ways state justices are selected. Elected by popular vote Elected by the state legislature Governor appointed

Florida Supreme Court Justices The Florida Supreme Court Justices serve 6-year terms and are appointed by the Governor. The position of Chief Justice rotates. Currently, the Chief Justice of the Florida Supreme Court is Chief Justice Jorge Labarga

Federalism Federalism is a type of government in which power is divided between federal and state governments. How does this limit the government? Delegated Powers are powers given to the Federal government in the U.S. Constitution.

Federalism Concurrent Powers are powers shared by the Federal government and state governments. Reserved Powers are powers that are not listed in the Constitution so are given to the states.

The Tenth Amendment The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. The Supremacy Clause says that federal law is above state laws.