Relevancy

Question 1

In FL, which two categories are omitted in the rule 403 that are included in the federal rules?

Answer 1

FL gets rid of:

(1) undue delay and
(2) waste of time

BUT you can argue that these fall into the category of “misleading the jury” or “needless presentation of cumulative evidence”

Question 2

In FL, what is the exception to using evidence of a person’s character to prove conformity with that particular character trait on a particular occassion?

Answer 2

When the D opens the door to the use of character evidence

Question 3

How do the FL and federal rules differ with opening the door to character evidence?

Answer 3

In the federal rules, if the D cross-examines on a character trait of the D, they open the door to the same trait on rebuttal.

In FL, when the D offers evidence of a pertinent character trait of the victim, this ONLY opens the door to the prosecution rebutting the trait of the victim, NOT THE ACCUSED!!!

Question 4

In FL, in a homicide case, when the D offers evidence that the victim was the first aggressor, what can the prosecution do?

Answer 4

This opens the door for the prosecution to present evidence of a character trait of peacefulness of the victim

Question 5

What type of character evidence can be used in FL?

Answer 5

ONLY REPUTATION! Not opinion or specific instances of conduct

Question 6

In FL, when are specific instances of a person’s conduct allowed?

Answer 6

When character or a trait of character is an essential element of a charge, claim, or defense

Question 7

When is habit evidence admissible against an organization?

Answer 7

Evidence of the routine practice of an organization, whether or not corroborated and regardless of the presence of eyewitnesses, is admissible to prove that the conduct of the organization on a particular occasion was in conformity with the routine practice.

Question 8

When is habit evidence admissible against a person?

Answer 8

If the judge determines its probative value

Question 9

When are subsequent remedial measures undertaken by a third party admissible?

Answer 9

To shift blame on the third party and not to show negligence or culpable conduct on the part of the D

Question 10

What is a benevolent gesture and when is it admissible?

Answer 10

A benevolent gesture is an expression of sympathy that can relate to a person’s pain, suffering, or death of a loved on in relation to an accident.
INADMISSIBLE to prove that a party caused the loss

Question 11

In FL, are offers to compromise admissible?

Answer 11

In FL, evidence of an offer to compromise a claim which was disputed as to validity or amount, as well as relevant conduct or statements made in negotiations concerning the compromise is inadmissible to PROVE LIABILITY or ABSENCE OF LIABILITY for the claim or its VALUE.

Question 12

What is the FL collateral source rule?

Answer 12

The collateral source rule prohibits the introduction of any evidence of payments from collateral sources in the liability portion of the proceedings. [INSURANCE]

Question 13

In FL, are pleas or plea discussions admissible?

Answer 13

In Florida, evidence of a plea of guilty, later withdrawn, or a plea of nolo contendere, or an offer to plead guilty or nolo contendere to the crime charged or any other crime is inadmissible in any civil or criminal proceedings.

Evidence of statements made in connection with those pleas is also inadmissible

Question 14

What is the FL rule for paternity determinations in certain criminal prosecutions?

Answer 14

In FL, if a person under 18 gives birth to a child and the paternity is established, the paternity is admissible in criminal prosecutions for sexual battery, unlawful sexual activity w/ a minor, or lewd and lascivious offense committed against or in the presence of people under 16

Question 15

What is the FL rule for the testimony of victims of sexual battery?

Answer 15

It doesn’t need to be corroborated in a prosecution for sexual battery

Question 16

In FL, what are the exceptions to not admitting specific instances of prior consensual sexual activity in a sexual battery prosecution?

Answer 16

The judge will conduct an in camera proceeding that the evidence is to show:

(1) that the defendant wasn’t the source of the semen, pregnancy, injury, or disease; OR
(2) when the victim’s consent is at issue, the evidence tends to establish a pattern of conduct from the victim which is so similar to the conduct in the case that it’s relevant to the issue of consent

Question 17

In FL, when are D’s past sexual offenses admissible?

Answer 17

In a criminal case where the D is charged w/ a sexual offense, evidence of the D’s commission of other crimes or acts involving a sexual offense is admissible.
Also true for child molestation cases.

Question 18

What is the age for child molestation?

Answer 18

16 years or younger (in the federal rules it’s 14)

Question 19

How many days’ notice must be given to use specific acts against the D?

Answer 19

10 days (federal rules - 15 days)

Question 20

In FL, when can the court use evidence of UNCHARGED child molestation?

Answer 20

If the prosecution provides enough evidence to support a finding by clear and convincing evidence that the D committed the bad act (under the federal rules it has to be preponderance of the evidence)