FL Evidence Part 1: §100-706 Flashcards
100 Questions covering Florida Evidence Code §100-706
When may a court predicate (declare) error, set aside or reverse a judgment, or grant a new trial on the basis of admitted or excluded evidence ?
When a substantial right of the party is adversely affected and:
(a) When the ruling is one admitting evidence, a timely objection or motion to strike appears on the record, stating the specific ground of objection if the specific ground was not apparent from the context; or
(b) When the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer of proof or was apparent from the context within which the questions were asked.
If the court has made a definitive ruling on the record admitting or excluding evidence, either at or before trial, a party NEEDS / NEEDS NOT renew an objection or offer of proof to preserve a claim of error for appeal.
Needs Not.
A party need not renew an objection or offer of proof to preserve a claim of error for appeal, if the court has already made a definitive ruling on the record admitting or excluding evidence.
T/F. In cases tried by a jury, a court shall conduct proceedings, to the maximum extent practicable, in such a manner as to prevent inadmissible evidence from being suggested to the jury by any means.
True. In cases tried by a jury, a court shall conduct proceedings, to the maximum extent practicable, in such a manner as to prevent inadmissible evidence from being suggested to the jury by any means.
The Judge determines preliminary questions concerning: :
(a) ______________
(b) ______________
(c) ______________
(a) qualification of a person to be a witness,
(b) the existence of a privilege, and
(c) the admissibility of evidence.
A judge MAY/MAY NOT sum up the evidence or comment to the jury upon the weight of the evidence, the credibility of witnesses, or the guilt of the accused.
MAY NOT
When evidence that is admissible as to one party or for one purpose, but inadmissible for another purpose, is admitted, the court, upon request, shall:
(1)__________
and
(2)___________
(1) Restrict such evidence to its proper scope and
(2) So inform the jury at the time it is admitted.
When a writing or recorded statement or part is introduced by a party, ___________may require introduction of any other part that in fairness ought to be considered contemporaneously.
an adverse party
Matters which must be judicially noticed.
- _______
- _______
- _______
- Decisional, constitutional, and public statutory law and resolutions of the Florida Legislature and the Congress of the United States.
- Florida rules of court that have statewide application
- Rules of federal courts as adopted by, or used by, the US Supreme Court and other US Courts.
Matters which may be judicially noticed.
A court has discretion and may take judicial notice of the following matters: (9 categories)
1.
2.
3.
4.
5.
6.
7.
8.
9.
- Special, local, and private acts and resolutions of US Congress & FL legislature
- Decisional, constitutional, and public statutory law of every other state & Fed Register
- Laws of foreign nations and of an organization of nations.
- Official actions of the legislative, executive, and judicial departments , Fed & states
- Rules and Records of any court or governmental agency
- Printed records/provisions of all municipal and county charters
- Duly enacted printed ordinances and resolutions of municipalities and counties
- Facts that are not subject to dispute because they are generally known
- Facts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned.
A court MUST/MAY take judicial notice of facts that are not subject to dispute because they are generally known.
May.
Matters which may be judicially noticed inlcude:
Facts that are not subject to dispute
because they are generally known .
A court MUST/MAY take judicial notice of facts that are not subject to dispute because they are “capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned.”
MAY.
T/F. If a judge takes judicial notice of a fact, it must be made a part of the record.
True.
A court shall take judicial notice of any discretionary matter when a party requests it ,
and that requesting party:
(1) provides each adverse party with___________
AND
(2) furnishes the court with __________________
(1) provides each adverse party with—> Timely written notice of the request, proof of which is filed with the court.
AND
(2) furnishes the court with—> Sufficient information to enable it to take judicial notice of the matter.
When a court determines upon its own motion that judicial notice of a matter should be taken or when a party requests such judicial notice, the court shall afford each party with ___________ .
- reasonable opportunity to present*
- information* relevant to the propriety
of taking judicial notice …
In determining the propriety of taking judicial notice of a matter or the nature thereof, a court may consider, without regard to any exclusionary rule except a valid claim of privilege:
CHOOSE ONE:
(a) only evidence proffered by a party to establish the fact to be judicially noticed.
(b) any source of pertinent and reliable information, whether or not furnished by a party,
(c) facts alleged in the Complaint, Answer or other Pleadings that have been filed up to the date of the judicial notice request.
ANSWER:
(b) any source of pertinent and reliable information, whether or not furnished by a party,
*NOTE: If a court resorts to any documentary source of information not received in open court, the court shall make the information and its source a part of the record in the action and shall afford each party reasonable opportunity to challenge such information, and to offer additional information, before judicial notice of the matter is taken.
In family cases, the court may take judicial notice of any matter described when __________ has been alleged and it is impractical to give prior notice to the parties of the intent to take judicial notice.
ANSWER: imminent danger to persons or property
*NOTE: The parties’ opportunity to present evidence relevant to the propriety of taking judicial notice may be deferred until after judicial action has been taken, in light of such emergency circumstances.
Upon request of counsel, when a court denies a request to take judicial notice of any matter, the court shall inform the parties _______ and shall indicate for the record that it has denied the request. CHOOSE:
(a) at the earliest practicable time
(b) within 5 days from the judicial notice hearing
(c) prior to recall of, or return to, the jury, {where the judicial notice motion had been discussed in limine, or outside of the hearing of the jury.]
Answer:
(a) at the earliest practicable time
T/F. The failure or refusal of a court to take judicial notice of a matter does not preclude a court from taking judicial notice of the matter in subsequent proceedings
True.
A presumption is _________.
Except for presumptions that are conclusive under the law from which they arise, a presumption is ________.
ANSWERS:
A presumption is _________.
an assumption of fact which the law makes from the existence of another fact or group of facts found or otherwise established.
A presumption is _________.
rebuttable.
Definition of relevant evidence:
Evidence tending ______________.
Evidence tending
to prove or disprove a material fact.
FLORIDA: The portion of statements, writings, or benevolent gestures expressing sympathy or a general sense of benevolence relating to the pain, suffering, or death of a person involved in an accident and made to that person or to the family of that person shall be Admissible/Inadmissible as evidence in a civil action.
ANSWER: Inadmissible
Note: statute only refers to civil action.
Cannot find similar rule for Criminal Action
A statement of fault which is part of, or in addition to, statements, writings or gestures of sympathy shall be Admissible/Inadmissible.
Save
ANSWER: Admissible.
Relevant evidence is general admissible, but is inadmissible if its probative value is substantially outweighed by either:
(a) __________
(b) __________
(c) __________
(d) __________
ANSWER:
(a) the danger of unfair prejudice,
(b) confusion of issues,
(c) misleading the jury, or
(d) needless presentation of cumulative evidence
Evidence of a person’s character or a trait of character is generally inadmissible to prove ____________.
ANSWER:
…action in conformity with the character or trait on a particular occasion