FL Evidence Missed Rules Flashcards
What is the deal with character evidence in civil cases?
Generally inadmissible to prove they acted in conformity with that character on a given occasion.
Exception for when character is at issue.
What. are common non-character uses of prior acts evidence?
MIMIC- Motive, intent, mistake, identify, common plan or scheme.
When is opinion testimony admissible by a lay person?
When the opinion is:
(1) Rationally based on W’s perception;
(2) Helpful to the trier of fact;
AND
(3) Not based on scientific, technical, or other specialized knowledge.
What is the difference between spousal testimonial privilege and marital communications privilege?
(1) Spousal T. Privilege = crime cases only, only W-spouse may invoke, only during marriage.
(2) Marital Communications Privilege = civil and criminal, either spouse may invoke.
What is the effect of judicially noticed facts/laws?
(1) Civil Case = jury MUST take as conclusive.
(2) Criminal Case = jury MAY take facts as conclusive, but need not.
Contingency fees must be must be signed by the _____________.
Judge
In Florida, an “excited utterance” exception to the hearsay rule allows for statements made by a person while ___________________________________________.
under the stress of excitement
In FL, the court must take judicial notice of what?
Decisional law from the Florida legislature and US Congress.
Under the Florida Rape Shield Law, evidence of the victim’s ___________________________________________________ or predisposition is generally not admissible in any proceeding involving sexual misconduct.
prior sexual behavior
Under FRE 405, both reputation and opinion evidence can be used to prove character, while under FLA 405, _________________________________________________________
only reputation evidence is allowed.
In Federal courts, trial judges are permitted to comment on the weight of the evidence and credibility of witnesses, while in Florida courts, trial judges ________________________________________.
are prohibited from doing so
In Florida, dying declarations are admissible in __________________________ cases, regardless of the nature of the case, where the declarant is ____________________
both criminal and civil; unavailable
Character evidence may be admissible if the character is directly _______________. This means that the character of a person involved becomes a relevant and essential element of the case.
in issue
examples: cases involving defamation (libel or slander), child custody disputes, and negligent entrustment/hiring/retention, as well as misrepresentation/fraud.
In FL, ancient documents must be __________ and at least ____ years old to be admissible in court.
authenticated; 20
Under the Florida Rules, a witness may be disqualified in the following circumstances: lack of ________________________ of the facts, inability to ______________________ or be understood directly or through an interpreter, inability to _________________ the duty of a witness to tell the truth.
personal knowledge; express herself; understand
In a homicide case in Florida, if the defendant introduces evidence that the victim was the first aggressor, how can the prosecution rebut that evidence regarding the victim’s character trait of peacefulness?
The prosecution may present reputation testimony about the victim’s character for peacefulness.
In Florida, although there is no specific prohibition on introducing ________________ over ten years old in a ________ trial, the rule excludes evidence of a conviction if it is so remote in time that it has no bearing on the present character of the witness.
convictions; civil
Under Florida law, duplicates of _____________ instruments, securities, or any writing that evidences a right to the _________________ of money are not admissible as duplicates.
negotiable; payment
In Florida, photographs are considered “________ witnesses” and are ________ if someone can authenticate that the image accurately represents the scene. It
silent; admissible
The defendant’s ________ or wealth is generally not relevant to the question of liability, and so it should not be admissible.
income
example: tax returns are generally confidential and not admissible as evidence of liability
The Florida Rules of Evidence generally allow a party or the court itself to exclude witnesses from the courtroom to prevent them from being influenced by the testimony of other witnesses.
However, an exception to this rule is for a witness who is an ____________ or ___________of a party that is ____ a natural person (such as a corporation) in a civil case.
officer; employee; not
The Mimic Rule in Florida allows for the admission of evidence of _____________________ or bad acts under certain circumstances: to show motive, intent, the absence of mistake, __________, or a common plan.
past crimes; identity
According to Florida rules, a child may testify if they are able to differentiate __________ from ____________________-. Furthermore, the court has the ability to set ____________________ on the taking of testimony of a witness who is less than 16 years old.
truth; falsehood; conditions
Florida ___________ have a strict 10-year limit on the admissibility of prior convictions for impeachment purposes.
Instead, Florida courts consider whether the conviction is “so _______in time as to have no bearing” on the current character of the witness.
does not; remote
