Jurisdiction

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Jurisdiction Door Mind Map: Jurisdiction

1. Opportunity to be Heard

2. District Courts of Appeal

3. Venue

3.1. Where Proper

3.2. When Improper

3.3. When Inconvenient or Unfair

4. Notice and Opportunity to be Heard

4.1. Notice

4.2. Service of Process

5. Jurisdiction Over Persons and Property

5.1. In General

5.2. Bases for In Personam Jurisdiction

5.3. In Rem Jurisdiction

5.4. Quasi In Rem Jurisdiction

5.5. Challenges to the Court's Jurisdiction

6. Subject Matter Jurisdiction

6.1. Supreme Court-7 justices

6.2. Original-Writs of 1) Prohibition to Courts 2) Mandamus and quo warranto to state officers and state agencies 3) Habeas Corpus returnable before the Supreme Court to any justice Other powers: 4) advisory opinions upon the request of the governor to interpret provisions of the FLorida Constitution affecting the governors powers and duties 5) admission and discipline of members of the state bar. and 6) promulgations of rules of civil procedure.

6.3. Mandatory-a) from final judgments of trial court imposing death penalty, or b) from decisions of District Courts of appeal declaring invalid a state staute or a provision of the State Const. The legislature may provide by general law for the Supreme Ct. to hear: a) appeals from final judgments for validation of bonds or certificate of indebtedness and b) review actions of state agencies relating to rates or service of utilities (electric, gas or telephone services)

6.4. Discretionary-1) Any decision of a district court of appeals that expressly declares valid a state statute or expressly construes a provision of the state or fed constitution or that expressly or directly coflicts with a decision of another DCA or of the Supreme Court on the same question of law. 2) Any decision of the DCA that passes upon a question certified to be of great public importance or that is certified to be in direct conflict with another DCA; 3) Any order or judgment of the trial court certified by the DCA in which an appeal is pending to be of great public importance orto have a great effect on the proper administration of justice in the state and certified to require immediate resolution by the SC. 4) A questio of law certified by SCOTUS or US Court of Appeals which is determinative of the cause and for there is no controlling precedent of the Supreme Court of Florida.

6.5. DISTRICT COURT OF APPEALS 5 Appellate Districts- At least 3 judges -Concurrence of 2-Original Jurisdiction-writs of habeas corpus, mandamus, certiorari, prohibition quo warranto, and other writs. Mandatory: Appeals as a matter of right from final judgments or orders of trial courts which are not directly appelable to a Circuit Court or the Supreme Court. The DCA has power of direct review of administrative action in the form of final orderr. The DCA must hear appeals from orders granting new trial Discretionary Review- Interlocutory orders as provided by the Rules of Apellate Procedure-Review of nonfinal orders- determining- 1) Venue, 2) Injunctions 3) Jurisdiction over the person 4) rights to immediate possession of property 5) rights to immediate monetary relief or child ciustody in domestic relations matter 4) liability in favor of the party seeking relief ;

6.6. Circuit Court

6.7. County Courts