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RESEARCH TIPS FOR JUDICIAL EXTERNS & LAW CLERKS

RESEARCH TIPS FOR JUDICIAL EXTERNS & LAW CLERKS. Presented By: Katie Miller. Available FSU Judicial Externships. FLORIDA COURTS WEBSITE . A good place to find some info. on the courts. FLSC WEBSITE. A good place to find some info. on the courts. DISTRICT COURTS .

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RESEARCH TIPS FOR JUDICIAL EXTERNS & LAW CLERKS

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  1. RESEARCH TIPS FOR JUDICIAL EXTERNS & LAW CLERKS Presented By: Katie Miller

  2. Available FSU Judicial Externships

  3. FLORIDA COURTS WEBSITE A good place to find some info. on the courts

  4. FLSC WEBSITE A good place to find some info. on the courts

  5. DISTRICT COURTS A good place to find some info. on the courts

  6. CIRCUIT & COUNTY COURTS A good place to find some info. on the courts

  7. FEDERAL COURTS www.uscourts.gov

  8. FEDERAL COURTS

  9. FEDERAL COURTS

  10. Capital cases • Bond Validations • Public Utilities Cases • DCA opinions declaring statutes or constitution invalid • Remaining cases are discretionary jurisdiction & original jurisdiction writs SUPREME COURT JURISDICTION What types of cases will you see in your court?

  11. All appeals not directly appealable to FLSC • Final actions of state agencies • 2nd tier certiorari review • Writs & discretionary review DISTRICT COURT JURISDICTION What types of cases will you see in your court?

  12. 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. JURISDICTION What types of cases will you see in your court?

  13. County Courts • Misdemeanors • Small Claims (up to $5,000) • Civil (up to and including $15,000) • Traffic JURISDICTION What types of cases will you see in your court?

  14. Federal Court are courts of limited jurisdiction • Federal questions • Diversity jurisdiction & dispute more than $75,000 FEDERAL JURISDICTION What types of cases will you see in your court?

  15. STATISTICS ON TYPES OF FILINGS Data from Florida State Court website

  16. 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 LINGO & ABBREVIATIONS If you don’t know what someone is talking about, don’t be afraid to ask questions.

  17. 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 RULES OF COURT Commonly used resources

  18. Fla. Jur., American Juris., Corpus Juris Secundum • Good starting point for background information on your issue • Provides relevant case law LEGAL ENCYCLOPEDIAS Commonly used resources

  19. 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 TREATISES, PRACTICE MANUALS, & OTHER SECONDARY SOURCES Look to see what books are in your supervisor’s office or ask about commonly used resources.

  20. 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. FL JURY INSTRUCTIONS Commonly used resources

  21. You may have to do research to determine which year to use. • Annotations • Legislative history • F.A.C. – sometimes easier to use paper copy U.S. CODE, FL STATUTES, FED. REGULATIONS & FL ADMIN. CODE Commonly used resources

  22. Westlaw (West KM) & LexisNexis ONLINE LEGAL DATABASES Commonly used resources

  23. Sometimes a Google search will help!!

  24. Supervisor • Other clerks • Librarian • Other interns • But remember rules of confidentiality and don’t share information with colleagues outside the court PEOPLE Commonly used resources

  25. Code of Judicial Conduct • No outside practice of law • No discussion of opinions, internal discussions, memos, summaries, with anyone outside of the Court. CONFIDENTIALITY

  26. 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. DON’T COMPLICATE THINGS Efficient and effective research

  27. Shephardize • Check citation formatting • – Blue Book & Florida Style Manual • Re-read and edit. FINAL TOUCHES Shephardize and citations

  28. Slip opinions • Florida Law Weekly KEEPING UP WITH THE LAW Keeping up with the law and legal issues

  29. KEEPING UP WITH THE LAW Keeping up with the law and legal issues

  30. KEEPING UP WITH THE LAW American Bar Association website, Journal, blogs, podcasts

  31. iPhone Apps • ABA Journal • Fastcase • LawBox • Legal Edge • Legal Terms • RSS Reader • LawStack KEEPING UP WITH THE LAW Keeping up with the law and legal issues

  32. ABA Judicial Division – Council of Appellate Staff Attorneys • Recommended reading list for judicial clerkships produced by NALP (National Association of Legal Professionals) PROFESSIONAL ASSOCIATIONS Additional resources

  33. CONCLUSION • Prepare before your first day • Know which resources to use • Remember to ask for help • Keep up with legal issues GOOD LUCK! Any questions?

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