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 A good place to find some info. on the courts CIRCUIT & COUNTY COURTS A good place to find some info. on the courts FEDERAL COURTS www.uscourts.gov FEDERAL COURTS FEDERAL COURTS SUPREME COURT JURISDICTION •Capital cases •Bond Validations •Public Utilities Cases • DCA opinions declaring statutes or constitution invalid • Remaining cases are discretionary jurisdiction & original jurisdiction writs What types of cases will you see in your court? DISTRICT COURT JURISDICTION • All appeals not directly appealable to FLSC • Final actions of state agencies • 2nd tier certiorari review • Writs & discretionary review What types of cases will you see in your court? JURISDICTION 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. What types of cases will you see in your court? JURISDICTION County Courts • Misdemeanors • Small Claims (up to $5,000) • Civil (up to and including $15,000) • Traffic What types of cases will you see in your court? FEDERAL JURISDICTION • Federal Court are courts of limited jurisdiction • Federal questions • Diversity jurisdiction & dispute more than $75,000 What types of cases will you see in your court? STATISTICS ON TYPES OF FILINGS Data from Florida State Court website LINGO & ABBREVIATIONS 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 If you don’t know what someone is talking about, don’t be afraid to ask questions. RULES OF COURT 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 Commonly used resources LEGAL ENCYCLOPEDIAS Fla. Jur., American Juris., Corpus Juris Secundum Good starting point for background information on your issue Provides relevant case law Commonly used resources TREATISES, PRACTICE MANUALS, & OTHER SECONDARY SOURCES 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 Look to see what books are in your supervisor’s office or ask about commonly used resources. FL JURY INSTRUCTIONS 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. Commonly used resources U.S. CODE, FL STATUTES, FED. REGULATIONS & FL ADMIN. CODE You may have to do research to determine which year to use. Annotations Legislative history F.A.C. – sometimes easier to use paper copy Commonly used resources ONLINE LEGAL DATABASES Westlaw (West KM) & LexisNexis Commonly used resources Sometimes a Google search will help!! PEOPLE Supervisor Other clerks Librarian Other interns But remember rules of confidentiality and don’t share information with colleagues outside the court Commonly used resources CONFIDENTIALITY Code of Judicial Conduct No outside practice of law No discussion of opinions, internal discussions, memos, summaries, with anyone outside of the Court. DON’T COMPLICATE THINGS 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. Efficient and effective research FINAL TOUCHES Shephardize Check citation formatting – Blue Book & Florida Style Manual Re-read and edit. Shephardize and citations KEEPING UP WITH THE LAW Slip opinions Florida Law Weekly Keeping up with the law and legal issues KEEPING UP WITH THE LAW Keeping up with the law and legal issues KEEPING UP WITH THE LAW American Bar Association website, Journal, blogs, podcasts KEEPING UP WITH THE LAW iPhone Apps ABA Journal Fastcase LawBox Legal Edge Legal Terms RSS Reader LawStack Keeping up with the law and legal issues PROFESSIONAL ASSOCIATIONS ABA Judicial Division – Council of Appellate Staff Attorneys Recommended reading list for judicial clerkships produced by NALP (National Association of Legal Professionals) Additional resources 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?