Tag: legal-document
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The Instruction on Reasonable Doubt: 200 Years of Sophistry is Enough
For the past 200 years, the definition of reasonable doubt in Florida has been confusing and difficult to understand. It’s time for a change. The current definition is filled with long, complicated words that even the person speaking them may not fully understand. This leads to jurors being deceived into thinking they are being given…
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Twelve Ways of Proving the Negative and Overcoming the Carpenter Presumption of Undue Influence
The Carpenter presumption in Florida law says that if someone who benefits from a will was involved in making the will in certain ways, it’s assumed they unduly influenced the person who made the will. There are seven things that can make this assumption stronger, like being there when the will was made or knowing…
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FLUEDRA: Flawed, but Fixable?
A landowner who is unhappy with a decision made by the local government about their property can use a law called FLUEDRA to try to work out the issue through mediation before going to court. FLUEDRA applies to any decisions about building, zoning, or other permits made by the government. It’s been around for over…
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The Effectiveness of Home Rule: A Preemption and Conflict Analysis
Before 1968, local governments in Florida only had the powers specifically given to them by the state. In 1968, the Florida Constitution was changed to give cities and charter counties more power to make their own rules. Then in 1973, the Municipal Home Rules Power Act (MHRPA) was passed, which gave even more power to…
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Citation Form: Keeping Up with the Times
Florida lawyers use three main sources for citation forms: Florida Rule of Appellate Procedure 9.800, The Bluebook, and the Florida Style Manual. These rules help lawyers give credit to their sources and show where they got their legal information. Citations are made up of three parts: an introduction, a description of the source, and sometimes…
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Invective on Appeal: Impugning the Integrity of Judges
Appellate lawyers have the same ethical duties as trial lawyers, but there are some specific issues that come up. One big problem is when lawyers criticize judges in court filings or public statements after they lose a case. This is against the rules and can lead to discipline for the lawyer. The rule says that…
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Ten Signs That You Need an Appellate Lawyer
If you’re in Florida and need to appeal a civil court decision, you should hire an appellate lawyer if you don’t know about the Florida Rules of Appellate Procedure. These rules are important for filing appeals and have strict deadlines that cannot be extended. Appellate lawyers have the skills and knowledge needed to handle your…
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The Art of Persuasion Through Legal Citations
Properly citing legal authority is important in legal writing. It involves knowing how to cite cases, laws, and other legal sources correctly. This helps to support and give credit to the ideas and arguments in a legal document. Credible citations and sound reasoning based on those citations are important for persuading a court to support…
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Taking the Pathway of Discretionary Review Toward Florida’s Highest Court
The Florida Supreme Court can only review certain cases if they meet specific criteria and if the court decides to do so. Most of the cases they review are up to their discretion. So, even if your client’s case meets the criteria, it’s still up to the court to decide whether or not they want…
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How to Interpret Statutes or Not: The Phantom of Plain Meaning
In short, the legal firm Brown & Associates is representing John Smith in a lawsuit against the company XYZ. They’re alleging that XYZ caused environmental damage to Smith’s property. The lawsuit is still ongoing. Timothy McBoyle was accused of stealing an airplane and flying it from one state to another. He was convicted of a…
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Amicus Briefs: What Have They Done for Courts Lately?
Amicus briefs, or “friend of the court” briefs, are not used very often by Florida appellate courts. From 2007 to 2011, the Florida Supreme Court mentioned amicus briefs in only 14 majority opinions. In 2010, only 17% of cases taken on the merits included at least one amicus brief. This shows that amicus briefs are…
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Judge-Friendly Briefs in the Electronic Age
The way judges read legal briefs is changing because everything is going digital. To make sure their arguments are understood, lawyers need to make their briefs easy to read and follow. This article talks about how lawyers can change the way they write their briefs so that they are easier to read on a computer…
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Florida Appellate Rules Should Allow for Interlocutory Appeal of Decisions to Deny Jury Trial
A legal firm is a company that provides legal services like advising, representing clients in court, and drafting legal documents. An attorney is a lawyer who works for a legal firm. The right to a trial by jury is protected by the U.S. and Florida constitutions, but in some cases, courts have denied this right…
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Appellate Mediation: The Art of Settling After the Trial Court Has Ruled
If you lost the trial, think about whether you have a good reason to appeal and if you can afford it. If you won, consider if the other side might appeal and if you want to go through that. Appellate mediation can be a way to end the case without the costs and risks of…
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Jurisdiction, That Is the Question: Keeping Your Case in Federal Court After the 11th Circuit Issues a Jurisdictional Question That Stalls Your Appeal
You won a big case in federal court after working on it for years, but now the other side is appealing the decision. However, the appeal might not be able to go forward because of a problem with the court’s authority to hear the case. You have to go back and check if the documents…
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What You Don’t Know Can Hurt You (and Your Client’s Appeal): Understanding Recent Amendments to the Federal Rules of Appellate Procedure
Change is unavoidable, especially in the law. The rules for appealing cases in federal court have been updated, which can be intimidating for lawyers. Some of the changes are small, like new deadlines for filing certain documents. Others, like reducing word limits for legal documents, are more significant. It’s important to pay attention to these…
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Legal Citation: Which Guide Should You Use and What Is the Difference?
Legal citation is an important skill for lawyers to learn and keep up with, even after they graduate from law school. In Florida, lawyers and judges are required to use Rule 9.800, which provides examples of how to cite common legal authorities like cases and statutes. It’s not full of a lot of technical rules…
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Legalizing the Appellate Introduction
The problem is that some lawyers are writing really long and argumentative introductions in their legal briefs for the Florida appellate court. This is causing some judges to question if introductions should even be allowed. However, a well-written introduction is actually a good idea and can be an important part of making a persuasive argument.…
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A Brave New Appellate E-World
Florida courts have started using electronic filing systems for legal documents since January 2015. There are three different web-based systems used for electronic filing in Florida courts. It’s a cost-effective and efficient way to file documents, but it has caused some confusion for lawyers and court staff. This article aims to help clear up some…
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But At Least You Can Recover Your Costs, Right? A Practitioner’s Guide to Appellate Costs in Florida the Good, the Bad, and the Money
If you win an appeal, you might recover your costs from the other party, unless the court says otherwise. The trial court will decide who won the appeal based on the important issues. Even if you ultimately lose in the trial court, if you win the appeal, you might still be considered the prevailing party…
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Raise Your Standards: A Practitioner’s Guide to the Effective Use of Appellate Standards of Review
It’s important for people involved in a legal case to understand the standard of review that will be used when their case goes to an appeals court. This standard of review determines how much the appeals court will consider the lower court’s decision. There are three categories of decisions that a trial court can make:…
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The Expanded Availability of Declaratory Statements
Declaratory judgments are a way for lawyers to clarify their client’s rights in court without a full trial. This can save time and money. But there’s a similar tool for when a client’s rights are decided by a state agency. It’s called a declaratory statement. A recent Florida court decision will make it easier to…
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Advancing the Legal Profession with Typography
When lawyers use a PC to write documents, it’s not just about the words they’re using, but also about how the document looks. It’s important to present documents professionally, and as lawyers, we should pay attention to the way the text is presented. While some suggestions in this article might not be allowed in court,…
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How to Lose a Judicial Law Clerk in 10 Ways
Sometimes when you submit a long legal document, it’s easy for someone to get bored and miss important points. It’s a good idea to get someone else to read it and make edits to make sure it’s clear and to the point. When it comes to replying to someone else’s legal argument, it’s best not…