Misc Matters Flashcards
What is the best evidence rule?
A duplicate is admissible as an original unless:
1) There is a genuine question of fact about the authenticity of the document; or
2) It would be unfair to admit the publicate in place of the original.
Does a judge have the power to make comments about the evidence?
No - the judge is prohibiting from summing up the evidence.
Does a judge have the power to make comments about the credibility of a witness?
No - the judge should make no comments to the jury about the evidence or credibility of the witnesses.
What is the rule regarding habit evidence regarding individual?
As for an individual, it is not automatically admissible to prove that the person acted in conformity with the habit.
Admissible only to corroborate other evidence that shows habit.
What is the rule regarding habit evidence for businesses?
Florida allows uncorroborated evidence of the routine practice of an organization to prove that the organization acted in accordance with routine practice.
Are statements of sympathy admissible?
No but statements of fault are admissible if stated with an statement of sympathy.
What is required for judicial notice to be obtained?
1) Judicial notice of facts is mandatory if a party requests it;
2) Party provides the court with necessary information
3) Party provides adverse party with timely notice of the request
4) Party files proof of such notice with the court
When is judicial notice mandatory?
1) Decisional/constitutional law
2) Public statutory law
3) Resolutions of FL legislature and US Congress
4) FL CT rules of state wide application
5) Courts own rules
6) Rules of US Courts adopted by SCOTUS
7) Rules SCOTUS and Appeals
True or False: Court has discretion to determine whether judicial notice of a face is conclusive.
True
What occurs if the court finds a judicial notice fact to be conclusive?
Jury is instructed to accept the fact as judicially noted.
Does FL require that a specific ground for an objection be given?
Yes if not apparent from the context of questioning.
True or False: If an offer to make med expenses is offered after an accident but before a lawsuit, it cannot come in as evidence.
TRUE
True or False: Judge must take judicial notice of a statute.
True
