Evidence Florida

Question 1

Does FLA recognize a hearsay exception for factual findings of a legal investigation?

Answer 1

not when offered in a civil case or against the government in a criminal case

Question 2

What is the corpus delicti rule

Answer 2

This rule requires proof that a crime has been committed, independent of any confession, before the confession may be admitted into evidence; except in sex abuse or money laundering cases

Question 3

Under the recorded recollection hearsay exception if the witness cannot remember what must the witness testify in order for the statement to come in

Answer 3

that (1) the witness has a habit of recording such matters correctly, or (2) the statement is correct because the witness would have been truthful in providing the statement.

Question 4

Define the physician patient privilege in FLA

Answer 4

Florida prohibits a physician from discussing a patient’s medical issues without the consent of the patient. However, if a court gives notice to the patient and compels a physician to provide medical records, the physician must comply with the court order.

Question 5

When is extrinsic evidence of a prior incosistent statement admissible against a witness for imepachment?

Answer 5

If a witness who is being impeached with a prior inconsistent statement denies making or does not distinctly admit making the prior inconsistent statement, extrinsic evidence of the statement is admissible

Question 6

A lay witness may testify as to his inference or opinion if

Answer 6

the witness cannot readily, accurately, and adequately communicate his perception without testifying in terms of inferences or opinions, and if doing so will not mislead the trier of fact or prejudice the objecting party

Question 7

he best evidence rule (also known as the original document rule) generally requires the production of the original document to prove its content. However, a duplicate is generally admissible to the same extent as an original unless:

Answer 7

• there is a genuine question as to the authenticity of the original or
• the circumstances make it unfair to admit the duplicate, such as may be the case when only part of the original is duplicated.

Question 8

In Florida, a duplicate is inadmissible if the document is

Answer 8

a negotiable instrument, security, or writing that evidences a right to the payment of money, is not itself a security agreement or lease, and is of a type transferred by delivery in the ordinary course of business with an endorsement or assignment.

A mortgage is not a negotiable instrument

Question 9

A witness generally may be impeached with evidence of a conviction for any crime punishable by

Answer 9

death or imprisonment for more than one year

Question 10

If a witness has been adjudicated guilty, may that witness be impeached with evidence of that adjuciation?

Answer 10

yes the witness may be impeached with evidence of that crime even if
- the witness was not found guilty by a jury or
- if the witness received a suspended sentence

So long as crime punishible by death or imprisonment of more than one year

Question 11

n Florida, the determination of whether a witness has been convicted of a crime is based on whether the court

Answer 11

adjudicated the witness’s guilt

Question 12

If a witness pleads nolo contendere but is later adjudicated guilty of the crime may that evidence be used for impeachment purposes?

Answer 12

YES
While evidence of a nolo contendere plea is not admissible in any civil or criminal proceeding, evidence of the defendant’s adjudication of guilty stemming from that plea is admissible for purposes of impeachment of the defendant as a witness at another trial.

Question 13

If a ruling excludes evidence, a party must do what to preserve the evidence for appellate review of the ruling?

Answer 13

make an offer of proof

Question 14

A witness’s previous out-of-court identification of a person after perceiving that person is not hearsay and may be admissible as substantive evidence, provided the witness

Answer 14

testifies at the trial and is available for cross-examination

Question 15

If a statement describes, but does not identify, a person, does that statement qualify as nonhearsay under the statement-of-identification hearsay exclusion?

Answer 15

NO. Must identify the person

Question 16

Can a judgment of conviction be offered to prove that the defendant commited the underlying crime for the conviction?

Answer 16

NO. A judgment of conviction (i.e., a guilty verdict) is hearsay and thus cannot be given in evidence in a civil action to establish the truth of the facts on which it is rendered

Question 17

Can a defendant in a civil case offer evidence of their own character trait to show that they acted in accordance with the character trait?

Answer 17

NO. Only a defendant in a criminal case is permitted to introduce evidence of his good character as being inconsistent with the type of crime charged

Question 18

If an expert testifies as to their personal observations and such testimony does not require scientific, technical, or other specialized, is the testimony proper?

Answer 18

No. the proponent must demonstrate to the court that it is more likely than not that the subject matter of the expert witness’s testimony:
* requires scientific, technical, or other specialized knowledge and
* will help the trier of fact understand the evidence or determine a fact in issue.

Question 19

if the witness admits to his prior conviction, the inquiry must ________ and the witness is not required to disclose the crime in which he was convicted.

Answer 19

end

Question 20

In Florida, when may a court may take judicial notice of an adjudicative fact in a civil matter?

Answer 20

at any time during a proceeding, even on appeal

Question 21

Evidence about a past sexual assault or child molestation committed by a defendant is admissible in criminal cases against that defendant for subsequent charges of sexual assault or child molestation even if

Answer 21

it is testimony of an unreported sex incident or it was only an arrest

Question 22

A witness’s credibility may by impeached by evidence that contradicts the witness’s testimony through extrinsic evidence. Can a party introducing extrinsic evidence on a collateral matter—i.e., an irrelevant matter that impeaches the witness?

Answer 22

NO

Question 23

Specific acts going to the character for truthfulness can only be asked about on

Answer 23

CROSS examination of the witness NOT by extrinsic evidence

Question 24

A prior inconsistent statement made under oath can be used for substantive and impeachment purposes, but only made under oath under which circumstances?

Answer 24

at a trial, hearing, or other proceeding, or in a deposition may be admissible both substantively and for impeachment purposes.

A statement made under oath in an INVESTIGATION does not meet this rule

Question 25

Under the best evidence rule, a reliable duplicate is admissible to the same extent of an original unless

Answer 25

(1) there is a genuine question as to the authenticity of the original or
(2) the circumstances make it unfair to admit the duplicate

Question 26

Under Florida law, the attorney-client privilege does not protect confidential communications relevant to which issues?

Answer 26

DECEASED CLIENT
* between parties who claim through the same deceased client,

INTENT OR COMPETENCE
* of a client executing an attested document if the lawyer is the attesting witness or concerning the execution or attestation of the document

Question 27

Does it matter whether an offer to compromise a claim was made before or after the filing of a suit for purposes of excluding it?

Answer 27

NO whether an offer occured prior to or after the filing of a law suit DOES not matter they are ENTIRELY inadmissible

NOT ADMISSIBLE FOR ANY GROUND not even bias or impeachment

Question 28

Can a prior CONSISTENT statement of a witness can be admitted by direct examination of a different witness?

Answer 28

No because the DECLARANT must be subject to cross-examination of the statement

A witness’s prior consistent statement may be considered nonhearsay if (1) it is offered to rebut a charge of improper influence, motive, or recent fabrication, (2) it was made before the declarant had a reason to fabricate or the improper motive arose, and (3) the declarant testifies and is subject to cross-examination concerning the statement.

Question 29

Do witness statements contained in a police report qualify under the business records exception?

Answer 29

NO

Question 30

Are police reports admissible against a criminal defendant under the business records exception?

Answer 30

NO

Question 31

testimony by closed-circuit television or videotape is permitted if

Answer 31

(i) the victim or witness is under the age of 18 or has an intellectual disability and (ii) the court finds that there is a substantial likelihood that the witness will suffer at least moderate emotional or mental harm due to the defendant’s presence (prosecution must prove this)