Skills Assessment

Write the proper citation for this case :
Plaintiff: John Fillan
Defendant: Harry Styles
The case appears on page 235 of volume 223 of the So. 2d reporter. It comes out of the fourth district court of appeals on June 4, 1969.
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Terms in this set (69)
Write the proper citation for this case :
Plaintiff: John Fillan
Defendant: Harry Styles
The case appears on page 235 of volume 223 of the So. 2d reporter. It comes out of the fourth district court of appeals on June 4, 1969.
Fillian v. Styles, 223 So. 2d 235 (Fla. 4th DCA 1969).
Mandatory Authority
Law binding on the court deciding the case. Determined by which jurisdiction your in. Must follow (opinion in the jurisdiction; supreme court case; statute; constitutional amendment)
Persuasive authority
Perhaps follows (holding from a court in another jurisdiction or a lower court in the same jurisdiction)
Secondary Authority
Material that is NOT the law, but that which leads you to the law or helps to explain the law.

restatements, treatises, ALR (American law reports)
Primary authority
the laws that are binding upon the courts, government, and individuals.

ex: Statutes, regulations, court rules, and case law.
When appealing a decision from a state circuit court in Miami- Dade County, the appeal would be filed in what court?

A. Eleventh Circuit Court of Appeals
B. Third Circuit Court of Appeals
C. Third District Court of Appeal
D. Fourth District Court of Appeal
E. Fourth Circuit Court of appeals
C. Third District Court of Appeal
Miami-Dade and Broward Counties are in which Federal District?

A. Middle District of Florida
B. Fourth District Court of Appeal
C. Third District Court of Appeal
D. Eleventh Circuit Court of Appeals
E. Southern District of Florida
E. Southern District of Florida
In the Federal System, most cases are heard initially in the:

A. Trial Court
B. District Court
C. Circuit Court
D.Supreme Court
E. County Court
B. District Court
In the Florida State System, the trial courts are:

A. District Courts
B. Circuit Courts
C. County Courts
D. Supreme Courts
E. Circuit Courts and County Courts
E. Circuit Courts and County Courts
In the Florida State system, for a civil matter filed today, the jurisdiction of circuit courts includes, among other matters, original jurisdiction over:

A. Civil disputes involving $15,000 or more
B. Civil disputes involving less than $15,000
C. Civil disputes involving $30,000 or more
D. Civil Disputes involving more than $30,000
E. Small claims involving more than $8,000
D. Civil disputes involving more than $30,000
The Federal Eleventh Circuit Court of Appeals is bound by the decisions of: A. Ninth circuit court of Appeals B. Southern District of Florida C. Middle District of Florida D. United States Supreme Court E. All of the AboveD. United States Supreme CourtWhen Appealing a decision from a state circuit court in Broward County, the appeal would be filed in what court? A. Eleventh Circuit Court of Appeals B. Third Circuit Court of Appeals C. Third District Court of Appeal D. Fourth District Court of Appeal E. Fourth Circuit Court of AppealsD. Fourth District Court of AppealWhich of the following is not true about an intermediate appellate court? A. Hears testimony of witnesses B. Reviews the written record and exhibits from the trial court C. Generally sits as a three-judge panel D. When an issue raises a question of law, the intermediate appellate court may substitute its judgment for the judgment of the trial court judge E. When an issue raises a question of fact, the intermediate appellate court must defer to the decision of the finder of fact (the jury or, if there was no jury, the trial judge)A. Hears testimony of witnessesWhen an issue raises a question of fact, the intermediate appellate court must defer to the decision of A. The arbitrator B. the finder of fact (the jury or, if there was no jury, the trial judge) C. the supreme court D. the detective E. The court clerkB. the finder of fact (the jury or, if there was no jury, the trial judge)When an issue raises a question of law, the intermediate appellate court may ______________________ for the judgment of the trial court judge A. prepare B. wait C. substitute its judgment D. out source toC. Substitute its judgmentIntermediate appellate courts generally sit as a ____ judge panel A. 2 B. 7 C. 4 D. 3 E. 8D. 3Florida is in which Federal Circuit? A. Third Circuit Court of Appeals B. Third District Court of Appeals C. The Circuit Court for the Eleventh Judicial Circuit in and for Miami-Dade County D. Eleventh District Court of Appeals E. Eleventh Circuit Court of AppealsE. Eleventh Circuit Court of AppealsThe Third District Court of Appeal of Florida is bound by the decision of: A. The circuit Court of the Eleventh Judicial Circuit in and for Miami- Dade County B. Fifth District Court of Appeal C. Florida Supreme Court D. The Supreme Court of CaliforniaC. Florida Supreme CourtList Florida's Court SystemSupreme Court Court of Appeal Circuit Courts County CourtsWhat do you use to check case statuses?KeyCiteKeyCite Status Flags for CasesRed Yellow Blue-striped An overruling risk warningKeyCite status flag that warns that the case is no longer good law for at least one of the points of law it containsRed FlagKeyCite status flag that warns that the case has some negative history, but has not been reversed or overruled.Yellow FlagKeyCite status flag that warns that the case has been appealed to the US Court of Appeals or the US Supreme Court (excluding appeals originating from agencies)Blue-Striped FlagKeyCite Status flag that indicates a case or administrative decision may no longer be good for at least one point of law based on its reliance on an overruled or otherwise invalid prior decision.Overruling Risk warningLaw Derived from Judges decisions rather than statutes or constitutionsCommon LawUse _______ before a citation when the authority clearly supports the propositionseeWhat is a legal citatorKeysight or Shepards which provide all of the documents that have cited a document.What is the best way to determine if a case is still good under lawTool such as keysight or shepards (citator) look at flagsBlock quote50+ words Indented on just left single spaced not enclosed in quotation marksWhat should you use to indicate an alteration in a quote?BracketsBlue book table number for common terms abreviations?Table 6What should you use to indicate an omission in a quote?elipsesIf an elipses finishes a sentence it looks like. . . .Normal elipses. . . Cannot be used to start a sentence.When you do __________________________ searching, you search for documents using "search terms" and "connectors" that describe the relationship among terms.Boolean or "terms and connectors"KeyCite is located on 1.________________ while shepard's is located on 2._________________1. Westlaw 2. Lexis NexisComments made by a court that are not directly related to the issue before it or that are not necessary to its holdingDictaDigests are a finding tool that is used to find cases.DigestsA system of law created by the legislative and executive branches. Ex: Statutes and regulationsEnacted LawKey Numbers are part of West's Key Number System®. West has divided the law into more than four hundred topics. Under these topics, each point of law is assigned a Key Number. Once you identify the topic and Key Number for a particular point of law, you can use that topic and Key Number to locate information related to that point of law in almost all of West's publications. For example, you can use the topic and Key Number to locate information in C.J.S.; in West's state, regional, and general digests; in secondary sources published by West; and on Westlaw.Key Numberslaw that is binding on the court deciding the case. The court must apply that law. First, determine which jurisdictions law applies Then determine which of the jurisdiction's statutes and cases are binding on the court that will be deciding the case.Mandatory authoritylaw that is not binding. Although the court may look to that law for guidance, it need not apply it.Persuasive authoritydrafted by attorneys who work for Thomson West and appear after the text of statutes on Westlaw, in the book form of codes published by West, and in West Digest. Always cite to the place in the opinion from which the Case Note was drawn and not to the Note of Decision itself.Notes of Decisionis the law. For example, constitutions, statutes, regulations, and cases are _____________Primary Authorityan authority that explains or comments on the law. For example, practice books, treatises, and law reviews are ____________. They are never binding.secondary authorityyou cite check the case to determine whether it is still good law and to identify other authorities that have cited that case.ShepardizeHow many justices sit in Fl Supreme Court?7Miami's circuit Court nameEleventh Judicial Circuit of FloridaFlorida appeal court nameThe Florida Third District Court of AppealHighest court in the state of floridaFlorida Supreme CourtFederal district court where miami isUnited States District Court for the Southern District of FloridaFederal appeals court of floridaUnited States Court of Appeals for the 11th CircuitIncludes both those cases that set out the common law and those cases that interpret and apply enacted lawCase lawIdentifies an authority and gives readers the information needed to locate that authority. Gives readers information that they can use to determine how much weight to give to the authority.CitationA one-sentence summary of a rule of law found at the beginning of a court's opinion. Cannot be cited as authorityheadnotesA law enacted by the legislative branch of federal and state governments.StatutesUse Ordinary type Underline or italicize all case names. Do not underline the comma that follows the case nameTypeface conventionsSouthern reporter, Lawyer's edition, Federal reporter, Federal supplement, southeastern.... are all kinds ofCase reportersComprehensive statement of Florida lawFlorida JurisprudenceWhat district are Miami Dade and monroe in3d DCAWhat district is broward4 DCABroward state court systemFlorida Supreme Court The Florida 4th District court of appeal The 17th judicial circuit of FL Broward County CourtPalm Beach state court systemFlorida Supreme Court The Florida 4th District Court of Appeal (4th DCA) The 15th Judicial Circuit of Florida Palm Beach County CourtMiami-Dade, Broward, and Palm Beach Federal Court SystemUnited States Supreme Court The United States Circuit Court of Appeals for the 11th Circuit The United States District Court for the Southern District of FloridaCite the statute for Florida for section 48.031. made in 2014§ 48.031, Fla. Stat. (2014).Singer plaintiff, makdisi defendant, US supreme court case, volume number 477. Starts on page 57 and quote on page 58 and the year was 1986.Singer v. Makdisi, 477 U.S. 57, 59 (1986).In the Florida State system, for a civil matter filed today, the jurisdiction of county courts includes, among other matters, original jurisdiction over: A. Civil disputes involving $15,000 or more B. Civil disputes involving less than $15,000 C. Civil disputes involving $30,000 or less D. Civil Disputes involving more than $30,000 E. Small claims involving more than $8,000C. Civil disputes involving $30,000 or lessUsed before a citation when the authority clearly supports the proposition.See