Evidence

Question 1

True or False?

The husband-wife privilege exists in a criminal proceeding if the evidence is offered by a defendant-spouse.

Answer 1

False: The privilege does not exist in this scenario, since it was offered by a defendant-spouse.

Note: This privilege prevents the disclosure at trial of a confidential coomunication made between spouses while married if either spouse objects. This applies even after divorce.

Question 2

Regarding the best evidence rule in Florida and negotiable instruments, what is their admissibility?

Answer 2

Florida specifically prohibits the use of a duplicate negotiable instrument.

Question 3

A witness may generally be impeached by evidence of a conviction of what crimes?

Answer 3

Any crime punishable by death or imprisonment of more than one year.

Question 4

In a civil case, evidence of a person’s character is admisisble or inadmissible to prove that the person acted in accordance with that character?

Answer 4

Generally inadmissible to prove that the person acted in accordance with that character (or character trait) on a particular occasion.

Question 5

Offers to comrpomise or settle in Florida are admissible for what purposes?

Answer 5

Offers of compromise made with the intent to settle or avoid a claim are inadmissible to for all purposes under Florida law.

Question 6

What form of character evidence is admissible in Florida, reputation or opinion or both?

Answer 6

In Florida, proof of character may only be in the form of reputation (i.e., way person is viewed by others) evidence, not opinion.