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Florida Rules Of Civil Procedure
The Florida Constitution, in Article V, Section 2(a), vests the power to adopt rules for the "practice and procedure in all courts" in the Florida Supreme Court. The Florida Supreme Court adopted the Florida Rules of Civil Procedure in March 1954. The proper abbreviation for the rules is Fla.R.Civ.P. The rules may be amended, or new rules added, from time to time and upon the approval of the Florida Supreme Court. Scope The rules apply to all civil actions and special statutory proceedings in circuit and county courts, except probate court, family court, and small claims court. Personal jurisdiction in Florida For a court in Florida to have personal jurisdiction over a defendant, Florida statutory requirements must be met and federal Constitutional limits must be complied with. Florida statutory requirements for personal jurisdiction Florida statutes allow for personal jurisdiction over defendants who: # Reside in Florida (and are natural persons), # Are served with process ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Florida Constitution
The Constitution of the State of Florida is the document that establishes and describes the powers, duties, structure, and function of the government of the U.S. state of Florida, and establishes the basic law of the state. The current Constitution of Florida was ratified on November 5, 1968. Florida has been governed by six different constitutions since acceding to the United States. Before 1838, only the Spanish Constitution of 1812 was briefly enacted in Florida. A monument commemorating '' La Constitución de Cádiz'' still stands in front of the Government House in St. Augustine. Florida's first constitution as a U.S. territory was written and implemented in 1838. On March 3, 1845, Florida was granted admission into the Union as the 27th state. The current Constitution of Florida was ratified on November 5, 1968, and has been modified by initiative and referendum several times since. Constitution 1838 Convention One of the requirements for a United States territory ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equitable Remedy
Equitable remedies are judicial remedies developed by courts of equity from about the time of Henry VIII to provide more flexible responses to changing social conditions than was possible in precedent-based common law. Equitable remedies were granted by the Court of Chancery in England, and remain available today in most common law jurisdictions. In many jurisdictions, legal and equitable remedies have been merged and a single court can issue either, or both, remedies. Despite widespread judicial merger, the distinction between equitable and legal remedies remains relevant in a number of significant instances. Notably, the United States Constitution's Seventh Amendment preserves the right to a jury trial in civil cases over $20 to cases "at common law". Equity is said to operate on the conscience of the defendant, so an equitable remedy is always directed at a particular person, and that person's knowledge, state of mind and motives may be relevant to whether a remedy should be gr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Florida Law
The law of Florida consists of several levels, including constitutional, statutory, and regulatory law, as well as case law and local law. The ''Florida Statutes'' form the general statutory law of Florida. Sources The Constitution of Florida is the foremost source of state law. Legislation is enacted by the Florida Legislature, published in the ''Laws of Florida'', and codified in the ''Florida Statutes''. State agencies publish regulations (sometimes called administrative law) in the ''Florida Administrative Register'' (FAR), which are in turn codified in the ''Florida Administrative Code'' (FAC). Florida's legal system is based on common law, which is interpreted by case law through the decisions of the Supreme Court, District Courts of Appeal, and Circuit Courts, which are published in the ''Florida Cases'', ''Southern Reporter'', ''Florida Law Weekly'', and ''Florida Law Weekly Supplement''. Counties and municipalities may also promulgate local ordinances. There are also ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justia
Justia is an American website specializing in legal information retrieval. It was founded in 2003 by Tim Stanley, formerly of FindLaw, and is one of the largest online databases of legal cases. The company is headquartered in Mountain View, California. The website offers free case law, codes, opinion summaries, and other basic legal texts, with paid services for its attorney directory and webhosting. In 2007, ''The New York Times'' reported that Justia was spending around "$10,000 a month" in order "to copy documents" from the United States Supreme Court and publish them online, to be made available without the public paying fees. Law library research guides often refer to Justia. Duke Law School Duke University School of Law (Duke Law School or Duke Law) is the law school of Duke University, a private research university in Durham, North Carolina. One of Duke's 10 schools and colleges, the School of Law is a constituent academic unit th ...'s law library's research guide n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
FindLaw
FindLaw is a business of Thomson Reuters that provides online legal information and online marketing services for law firms. FindLaw was created by Stacy Stern, Martin Roscheisen, and Tim Stanley in 1995, and was acquired by Thomson West in 2001. FindLaw.com is a free legal information website that helps consumers, small-business owners, students and legal professionals find answers to everyday legal questions and legal counsel when necessary. The site includes case law, state and federal statutes, a lawyer directory, and legal news and analysis. It also includes a free legal dictionary and magazine called ''Writ In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...'', whose contributors (mostly legal academics) argue, explain and debate legal matters of topical interest. FindLaw of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Florida Bar
The Florida Bar is the integrated bar association for the state of Florida. It is the third largest such bar in the United States. Its duties include the regulation and discipline of attorneys. The Florida Bar is also responsible for the governing of Florida Registered Paralegals. As elsewhere in the United States, persons seeking admission to the bar must pass a moral character screening, in this case administered by the Florida Board of Bar Examiners. Admission to the Bar includes passing a background investigation, the Multistate Professional Responsibility Examination, and the bar exam, which tests both the common law through the Multistate Bar Examination and Florida law through written state essays and state-specific multiple-choice questions. The Florida Bar's headquarters building and annex are located in Tallahassee, three blocks from the Florida State Capitol. History In 1889 the first, small, voluntary group of lawyers formed in Florida. This developed into the Fl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Florida Legislature
The Florida Legislature is the legislature of the U.S. State of Florida. It is organized as a bicameral body composed of an upper chamber, the Senate, and a lower chamber, the House of Representatives. Article III, Section 1 of the Florida Constitution, adopted in 1968, defines the role of the legislature and how it is to be constituted. The legislature is composed of 160 state legislators (120 in the House and 40 in the Senate). The primary purpose of the legislature is to enact new laws and amend or repeal existing laws. It meets in the Florida State Capitol building in Tallahassee. Titles Members of the Senate are referred to as senators and members of the House of Representatives are referred to as representatives. Because this shadows the terminology used to describe members of Congress, constituents and the news media, using '' The Associated Press Stylebook'', often refer to legislators as state senators or state representatives to avoid confusion with their federal coun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Florida
The law of Florida consists of several levels, including constitutional, statutory, and regulatory law, as well as case law and local law. The ''Florida Statutes'' form the general statutory law of Florida. Sources The Constitution of Florida is the foremost source of state law. Legislation is enacted by the Florida Legislature, published in the ''Laws of Florida'', and codified in the ''Florida Statutes''. State agencies publish regulations (sometimes called administrative law) in the ''Florida Administrative Register'' (FAR), which are in turn codified in the ''Florida Administrative Code'' (FAC). Florida's legal system is based on common law, which is interpreted by case law through the decisions of the Supreme Court, District Courts of Appeal, and Circuit Courts, which are published in the ''Florida Cases'', ''Southern Reporter'', ''Florida Law Weekly'', and ''Florida Law Weekly Supplement''. Counties and municipalities may also promulgate local ordinances. There are also sev ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Declaratory Judgment
A declaratory judgment, also called a declaration, is the legal determination of a court that resolves legal uncertainty for the litigants. It is a form of legally binding preventive by which a party involved in an actual or possible legal matter can ask a court to conclusively rule on and affirm the rights, duties, or obligations of one or more parties in a civil dispute (subject to any appeal). The declaratory judgment is generally considered a statutory remedy and not an equitable remedy in the United States, and is thus not subject to equitable requirements, though there are analogies that can be found in the remedies granted by courts of equity.''Samuels v. Mackell'', 401 U.S. 66, 70 (1971) (“Although the declaratory judgment sought by the plaintiffs was a statutory remedy rather than a traditional form of equitable relief, the Court made clear that a suit for declaratory judgment was nevertheless ‘essentially an equitable cause of action,’ and was ‘analogous to t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); '' Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); ''Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. D ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quo Warranto
In law, especially English and American common law, ''quo warranto'' (Medieval Latin for "by what warrant?") is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right, power, or franchise they claim to hold. ''Quo warranto'' is also used, with slightly different effect, in the Philippines. Early history With the spread of royal justice in the 12th and 13th centuries, private franchises and liberties were increasingly called upon to uphold the king's peace: to act against "malefactors and peace breakers, so that it may appear that you are a lover of our peace". From 1218 onwards, royal Eyres also began using the old writ of ''quo warranto'' – a court order to show proof of authority, as for example (literally) "By what warrant are you the sheriff?" – to investigate the origins of such franchises. An inquest of 1255 began examining such liberties nationwide; and the same enquiry was taken up again by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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