Evidence Flashcards
Previous statement under oath is….
Hearsay exception
Can you bring in specific instances of conduct not resulting in a conviction?
Nope
Needs to be something that resulted in a conviction
Can you ask a witness if they ever committed perjury?
Not unless they were convicted of it
If a witness is testifying that a party told them something, can it come in?
Yes, as a party admission exception to hearsay
Can you introduce someone’s guilty plea if they are not party to the suit?
No
Who may claim the clergy-pentinent privilege?
The person (or representative) and the clergy member
How not to prove character in Florida?
Opinion
What to do with a judicially noticed fact in Florida?
In Florida, judge has the discretion to determine where the judicially noticed fact is conclusive
(This is for both criminal and civil cases)
If statement was previously made under oath, can it be brough in for impeachment or for substance?
Both
Are reports made by Department of Highway Safety admissible?
No, including the statement contained or told to the officer for the purpose of including it in the report.
Exception: At a criminal trial, an officer may testify to any statement made to him by the person involved in the accident
What can be used to refresh a witness’ recollection?
Any writing or item
What is the effect of memory refreshed or enhanced through hypnosis in a criminal trial?
Inadmissible per se `
Who might be a minister to qualify under the clergy privilege?
someone who a reasonable person in the defendant’s position would have believed to be a minister
What can opposing party do if the other side used a writing to refresh a witness’ memory?
Adverse party is entitled to have the writing produced at trial, to inspect it, to cross-examine the witness thereon, and introduce into evidence those portions that relate tot he witness’ testimony
What is the only spousal immunity rule Florida recognizes?
Spousal communication
