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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 ...
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Florida Statutes
The ''Florida Statutes'' are the codified, statutory laws of Florida; it currently has 48 titles. A chapter in the Florida Statutes represents all of the relevant statutory law on a particular subject. The statutes are the selected reproduction of the portions of each session law, which are published in the ''Laws of Florida'', that have general applicability. While the legislature may create specific chapters, the Florida Office of Legislative Services' Division of Statutory Revision has the final authority to determine where the legislation will be codified and the location of the sections within the chapters. This is why some laws do not appear in the statutes where the bill identifies their placement. Since 1999, the Florida Statutes have been published in their entirety annually. Before then they were published bi-annually following each odd-year regular session and a supplement was published following each even-year regular session. The practice of publishing the Florida Sta ...
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Governor Of Florida
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political region or polity, a ''governor'' may be either appointed or elected, and the governor's powers can vary significantly, depending on the public laws in place locally. The adjective pertaining to a governor is gubernatorial, from the Latin root ''gubernare''. Ancient empires Pre-Roman empires Though the legal and administrative framework of provinces, each administrated by a governor, was created by the Romans, the term ''governor'' has been a convenient term for historians to describe similar systems in antiquity. Indeed, many regions of the pre-Roman antiquity were ultimately replaced by Roman 'standardized' provincial governments after their conquest by Rome. Plato used the metaphor of turning the Ship of State with a rudder; the Latin w ...
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Encyclopedia
An encyclopedia (American English) or encyclopædia (British English) is a reference work or compendium providing summaries of knowledge either general or special to a particular field or discipline. Encyclopedias are divided into articles or entries that are arranged alphabetically by article name or by thematic categories, or else are hyperlinked and searchable. Encyclopedia entries are longer and more detailed than those in most dictionaries. Generally speaking, encyclopedia articles focus on '' factual information'' concerning the subject named in the article's title; this is unlike dictionary entries, which focus on linguistic information about words, such as their etymology, meaning, pronunciation, use, and grammatical forms.Béjoint, Henri (2000)''Modern Lexicography'', pp. 30–31. Oxford University Press. Encyclopedias have existed for around 2,000 years and have evolved considerably during that time as regards language (written in a major international or a verna ...
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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 ...
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State Court (United States)
In the United States, a state court has jurisdiction over disputes with some connection to a U.S. state. State courts handle the vast majority of civil and criminal cases in the United States; the United States federal courts are far smaller in terms of both personnel and caseload, and handle different types of cases. Each state "is free to organize its courts as it sees fit," and consequently, "no two states have identical court structures." Generally, state courts are common law courts, and apply their respective state laws and procedures to decide cases. They are organized pursuant to and apply the law in accordance with their state's constitution, state statutes, and binding decisions of courts in their state court hierarchy. Where applicable, they also apply federal law. Generally, a single judicial officer, usually called a judge, exercises original jurisdiction by presiding over contested criminal or civil actions which culminate in trials, although most matters stop ...
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Judicial Review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. General principles Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized w ...
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Florida Circuit Courts
The Florida circuit courts are State court (United States), state courts, and are trial courts of original jurisdiction for most controversies. In Florida, the circuit courts are one of four types of courts created by the Florida Constitution (the other three being The Florida Supreme Court, Florida district courts of appeal, and county court (Florida), Florida county courts). The circuit courts primarily handle Civil law (common law), civil cases where the amount in controversy is greater than $30,000, and felony criminal cases, as well as appeals from county courts. Additionally, since circuit courts are constitutional courts as are courts of appeals, state circuit courts operate under the constitutional consideration of that state's constitution that operates under the Constitution of the United States of America. Therefore, Supreme Court justices can be assigned to state circuit courts of appeals and circuit courts where there is a need by the discretion of the Department of J ...
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Florida District Courts Of Appeal
The district courts of appeal (DCAs) are the intermediate appellate courts of the Florida state court system. There are currently five DCAs: *The First District Court of Appeal is headquartered in Tallahassee *The Second District Court of Appeal is headquartered in Lakeland and has a branch in Tampa *The Third District Court of Appeal is headquartered in Miami *The Fourth District Court of Appeal is headquartered in West Palm Beach *The Fifth District Court of Appeal is headquartered in Daytona Beach On January 1, 2023, there will be a new Sixth District Court of Appeal. History The district courts of appeal were created by the Florida Legislature in 1957 to provide an intermediate level of appellate review between the trial courts (the county courts and circuit courts) and the Florida Supreme Court. This was done, as in other parts of the United States, to relieve the state supreme court of the pressure of its ever-increasing appellate docket; the lobbying effort by ...
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Supreme Court Of Florida
The Supreme Court of Florida is the highest court in the U.S. state of Florida. It consists of seven members: the chief justice and six justices. Six members are chosen from six districts around the state to foster geographic diversity, and one is selected at large. The justices are appointed by the governor to set terms, which do not exceed six years. Immediately after appointment, the initial term is three years or less because the justices must appear on the ballot in the next general election that occurs more than one year after their appointment. Afterward, they serve six-year terms and remain in office if retained in the general election near the end of each term. Citizens vote on whether or not they want to retain each justice in office.Florida's Legal & Judicial System
''Guide to Florida Law''
Chi ...
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Legal Opinion
In law, a legal opinion is in certain jurisdictions a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling. Opinions are in those jurisdictions usually published at the direction of the court, and to the extent, they contain pronouncements about what the law is and how it should be interpreted, they reinforce, change, establish, or overturn legal precedent. If a court decides that an opinion should be published, the opinion may be included in a volume from a series of books called law reports ('reporters' in the United States). Published opinions of courts are also collectively referred to as case law, and constitute in the common law legal systems one of the major sources of law. Memorandum opinion Not every case decided by a higher court results in the publication of an opinion; in fact many cases do not, since an opinion is often published only when the law is being int ...
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Case Law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Australia and Ne ...
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