1. Court Sort Understanding Florida’s Court System
SS.7.C.3.11: Diagram the levels, functions, and powers of the courts at the state and federal levels.
Distinguish between the levels, functions, and powers of courts at the state and federal levels.
Recognize the powers and jurisdiction of the state and federal courts are derived from their respective constitutions.
Compare the appellate and trial processes.

2. 2 Courtrooms, Big Differences
Trial Courtroom
Appellate Courtroom
Courtroom A
Courtroom B
Use as a “bell ringer” when students enter the classroom. Either distribute Court Sort charts before they enter the classroom or have them pick one up as they enter.
On your Court Sort Chart, make notes about the pictures above.
What items do you see in one that might be missing in another?
2 Courtrooms, Big Differences

3. Image from http://www. flcourts
Trial Courtroom

4. Appellate Courtroom

5. Review: Steps of a Trial
Bailiff/clerk opens the court session.
Judge enters the courtroom and provides introductory remarks to jury.
Opening statements for the plaintiff/prosecution and the defense.
Plaintiff’s/Prosecution’s direct examination of witness.
Closing arguments for the plaintiff/prosecution and the defense.
Plaintiff’s/Prosecution’s cross examination of witness for the defense.
Defense’s direct examination.
Defense’s cross examination of witness
for the plaintiff/prosecution.
These can be cut out and reassembled as a puzzle.
Plaintiff/prosecution gives rebuttal (optional).
Judge provides specific jury instructions prior to jury deliberation.
Jury deliberates and determines verdict.
Decision is announced.

6. Appellant/Petitioner: party seeking reversal of a lower court decision.
Appellee/Respondent: party who won in the lower court
Marshal opens the court session.
Judges enter the courtroom and provide opening remarks.
Appellant/petitioner begins oral argument. Judges/Justices may ask questions during.
Written decision provided; no required timeline.
Judges/Justices dismissed to conference about the case.
Appellant/petitioner is permitted rebuttal.
Appellee/respondent begins oral argument. Judges/Justices may ask questions during.
The Appellate Court

7. Three Branches of Government
Legislative Branch – Makes the law
Executive Branch – Enforces the law
Judicial Branch – Interprets and applies the law
Briefly highlight the three branches and the corresponding responsibilities of each. Define “interprets” as to explain the meaning of….
Tell students that today, we will be focusing on the judicial branch.
Three Branches of Government

8. The judicial branch is divided into two parallel court systems: federal courts and state courts.
The U.S. Constitution created a governmental structure known as federalism that calls for the sharing of powers between the national and state governments. The Constitution gives certain powers to the federal government and reserves the rest for the states.
*Have students begin a flow chart in their notebook to create a visual of the court systems in the United States.
Two Court Systems

9. Where do courts get their power and jurisdiction*?
United States Constitution
The Constitution of the State of Florida
What does “jurisdiction” mean?
Legal authority a court has to hear a case.
State courts deal with issues granted to them by their constitutions and state statutes. They also handle legal issues not granted to the federal courts or denied to the states.
Federal courts deal with issues granted to them by the U.S. Constitution and federal law.
Definition from
Where do courts get their power and jurisdiction*?

10. The Role of the Courts The Constitution outlines our rights…
…and the courts protect our rights.
The Role of the Courts

11. Today, we are going to focus on Florida’s court system.
In addition to being divided into federal and state courts…
…courts are then broken down into trial and appellate courts.
The U.S. Constitution created a governmental structure known as federalism that calls for the sharing of powers between the national and state governments. The Constitution gives certain powers to the federal government and reserves the rest for the states.
*Have students continue to add to their flow chart.
Trial
Appellate
Trial
Appellate
Trial and Appellate

12. District Courts of Appeal
Florida’s courts are divided into four levels:
Florida Supreme Court cases are sometimes appealed to the U.S. Supreme Court. The U.S. Supreme Court is sometimes referred to as the the court of last resort.
And then they are divided into trial and appellate courts.
APPELLATE COURTS
Florida Supreme
Court
District Courts of Appeal
5 Districts
TRIAL COURTS
Circuit courts serve as trial courts in most cases and appellate courts in some instances. Cases from the county court can be appealed to the circuit court and the DCA. County courts have no appellate function and cases can only originate or start in this court.
Sometimes charts will show county and circuit courts in the same block as they are both trial courts. Students should not be confused if they see a diagram of three levels instead of four.
The Florida Supreme Court may be the court of last resort for the state. However, the United States Supreme Court is ultimately the court of last resort.
Circuit Courts
20 Judicial Circuits
County Courts
67 Counties
Florida’s Courts

13. District Courts of Appeal
A challenge to a previous legal decision;
Florida Supreme
Court
Appeal
District Courts of Appeal
5 Districts
Appeal
Appeal
Circuit Courts
20 Judicial Circuits
County Courts
67 Counties
What is an appeal?

14. The role of the courts is to interpret and apply the law.
Trial Court
Appellate Court*
Judges sit individually
Juries are present in certain cases
Prosecution/Plaintiff or Defendant/Defense
Attorneys call witnesses and present exhibits as evidence.
First opportunity for a case to be heard. Establishes facts.
Panel of judges
No juries
Petitioner/Respondent or Appellant/Appellee
Attorneys submit briefs and present oral arguments on legal or policy issues; no witnesses or presentation of evidence.
Determines if the law was applied correctly and/or if the trial was fair.
Trial judges preside over civil and criminal trials and hearings. Some trials have juries while others do not. (Bench trials vs. jury trials) Judges also instruct jurors on applicable law.
Appellate judges preside over appeals of trial court decisions, constitutional questions, etc. They apply and interpret the law.
*Appellate courts do not rehear the case over again. Appellate courts focus on questions of law.

15. Criminal and Civil Courts in Florida
Trial
Appellate
Civil
Criminal
Criminal courts hear cases that are criminal in nature as defined by the Florida Legislature. Initiated by the state government. Criminal offenses are divided into misdemeanors and felonies.
Civil courts hear disputes between private parties (individuals or organizations); initiated by individuals or organizations.
Criminal and Civil Courts in Florida

16. Civil and Criminal Cases
Plaintiff (private party)
File lawsuit
Who won or lost the case; court can order the defendant to pay damages
Burden of proof is on the plaintiff and the preponderance of the evidence* must be in their favor (more than a 50% probability; if it is more likely than not that the defendant caused harm or loss, a court can uphold a civil claim)
Prosecution (government)
File charges
Guilty or not guilty; incarceration and/or fines, or execution
Burden of proof is on the State (government) and must prove beyond a reasonable doubt that the defendant is guilty
Civil and Criminal Cases

17. Examples of Civil and Criminal Cases
Disputes between landlords and tenants
Insurance conflicts
Personal injury cases
Civil rights lawsuits
Misdemeanor – criminal acts which carry a penalty of up to one year in county jail
Driving under the influence, reckless driving, trespassing, driving on a suspended license, etc.
Felony – serious criminal offense punishable by a prison sentence of more than one year
Burglary, child abuse, grand theft, homicide, kidnapping, etc.
Examples of Civil and Criminal Cases