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Published byDominick Washington Modified over 9 years ago
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RESEARCH TIPS FOR JUDICIAL EXTERNS & LAW CLERKS Presented By: Katie Miller
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Available FSU Judicial Externships
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FLORIDA COURTS WEBSITE A good place to find some info. on the courts
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FLSC WEBSITE A good place to find some info. on the courts
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DISTRICT COURTS A good place to find some info. on the courts
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CIRCUIT & COUNTY COURTS A good place to find some info. on the courts
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FEDERAL COURTS www.uscourts.gov
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FEDERAL COURTS
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SUPREME COURT JURISDICTION What types of cases will you see in your court? Capital cases Bond Validations Public Utilities Cases DCA opinions declaring statutes or constitution invalid Remaining cases are discretionary jurisdiction & original jurisdiction writs
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DISTRICT COURT JURISDICTION What types of cases will you see in your court? All appeals not directly appealable to FLSC Final actions of state agencies 2 nd tier certiorari review Writs & discretionary review
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JURISDICTION What types of cases will you see in your court? Circuit Courts Felonies Family Law Civil Cases over $15,000 Probate/Guard./Mental Health Juv. Dependency & Delinquency Appeals from County Court Writs such as cert., prohibition, mandamus, quo warranto, habeas corpus.
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JURISDICTION What types of cases will you see in your court? County Courts Misdemeanors Small Claims (up to $5,000) Civil (up to and including $15,000) Traffic
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FEDERAL JURISDICTION What types of cases will you see in your court? Federal Court are courts of limited jurisdiction Federal questions Diversity jurisdiction & dispute more than $75,000
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STATISTICS ON TYPES OF FILINGS Data from Florida State Court website
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LINGO & ABBREVIATIONS If you don’t know what someone is talking about, don’t be afraid to ask questions. JA CJ PCA OA HFO, PRR, VCC Law Clerk (elbow clerk) vs. Clerk of the Court Baker Act, Jimmy Ryce cases Workers’ Compensation & medical terms
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RULES OF COURT Commonly used resources Helpful for jurisdictional questions and rule-based filings (i.e. postconviction motions rule 3.800, 3.850, 3.853) Includes annotations online Florida Evidence Code, Rules of Criminal Procedure, Civil Procedure, Probate, Traffic Court, Small Claims, Juvenile Procedure, Appellate, Mediator, Arbitrator, Family Law, Code of Judicial Conduct
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LEGAL ENCYCLOPEDIAS Commonly used resources Fla. Jur., American Juris., Corpus Juris Secundum Good starting point for background information on your issue Provides relevant case law
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TREATISES, PRACTICE MANUALS, & OTHER SECONDARY SOURCES Look to see what books are in your supervisor’s office or ask about commonly used resources. Ehrhardt’s Evidence Florida Appellate Practice Florida Criminal Procedure/ Civil Practice Florida Construction Law Manual Florida DUI handbook Florida Sentencing Moore’s Federal Practice Law Review articles Bar Journals
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FL JURY INSTRUCTIONS Commonly used resources Criminal and Civil Available in hardcopy binders Also available on FLSC website Includes lesser included crimes, statute number and comments about amendments or when it was adopted.
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U.S. CODE, FL STATUTES, FED. REGULATIONS & FL ADMIN. CODE Commonly used resources You may have to do research to determine which year to use. Annotations Legislative history F.A.C. – sometimes easier to use paper copy
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ONLINE LEGAL DATABASES Commonly used resources Westlaw (West KM) & LexisNexis
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Sometimes a Google search will help!!
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PEOPLE Commonly used resources Supervisor Other clerks Librarian Other interns But remember rules of confidentiality and don’t share information with colleagues outside the court
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CONFIDENTIALITY Code of Judicial Conduct No outside practice of law No discussion of opinions, internal discussions, memos, summaries, with anyone outside of the Court.
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DON’T COMPLICATE THINGS Efficient and effective research Stay on issue. Use the motions, briefs, court orders to define the issues. Use the cases cited by the parties as a starting point. Don’t make arguments for the parties. Ask for help instead of spinning your wheels.
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FINAL TOUCHES Shephardize and citations Shephardize Check citation formatting – Blue Book & Florida Style Manual Re-read and edit.
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KEEPING UP WITH THE LAW Keeping up with the law and legal issues Slip opinions Florida Law Weekly
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KEEPING UP WITH THE LAW Keeping up with the law and legal issues
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KEEPING UP WITH THE LAW American Bar Association website, Journal, blogs, podcasts
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KEEPING UP WITH THE LAW Keeping up with the law and legal issues iPhone Apps ABA Journal Fastcase LawBox Legal Edge Legal Terms RSS Reader LawStack
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PROFESSIONAL ASSOCIATIONS Additional resources ABA Judicial Division – Council of Appellate Staff Attorneys Recommended reading list for judicial clerkships produced by NALP (National Association of Legal Professionals)
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GOOD LUCK! Any questions? Prepare before your first day Know which resources to use Remember to ask for help Keep up with legal issues CONCLUSION
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