Evidence

Question 1

Can a judge sum up evidence?

Answer 1

No, a judge may not sum up the evidence.

Question 2

Can a judge comment on the weight of the evidence?

Answer 2

No, a judge may not comment to the jury upon the weight of the evidence.

Question 3

Can a judge comment on the credibility of the witnesses?

Answer 3

No, a judge may not comment to the jury upon the credibility of the witnesses.

Question 4

Can a judge comment on the guilt of the accused?

Answer 4

No, a judge may not comment to the jury upon the guilt of the accused.

Question 5

When writing or recorded statements are provided, must the entirety of the writing or recording be introduced?

Answer 5

Yes, when a writing or recorded statement or part thereof is introduced by a party, an adverse party may
require him or her at that time to introduce any other part or any other writing or recorded statement that in fairness ought to be considered contemporaneously.

Question 6

Judicial Notice: (Must Admit or May Admit): Decisional, constitutional, and public statutory law and resolutions of the Florida Legislature and the Congress of the United States.

Answer 6

MUST ADMIT

Question 7

Judicial Notice: (Must Admit or May Admit): Special, local, and private acts and resolutions of the Congress of the United States and of the Florida Legislature.

Answer 7

MAY ADMIT

Question 8

Judicial Notice: (Must Admit or May Admit): Decisional, constitutional, and public statutory law of every other state, territory, and jurisdiction of the United States.

Answer 8

MAY ADMIT

Question 9

Judicial Notice: (Must Admit or May Admit): Florida rules of court that have statewide application, its own rules, and the rules of United States courts adopted by the United States Supreme Court.

Answer 9

MUST ADMIT

Question 10

Judicial Notice: (Must Admit or May Admit): Rules of court of the United States Supreme Court and of the United States Courts of Appeal.

Answer 10

MUST ADMIT

Question 11

Judicial Notice: (Must Admit or May Admit): Laws of foreign nations and of an organization of nations.

Answer 11

MAY ADMIT

Question 12

Judicial Notice: (Must Admit or May Admit): Facts that are not subject to dispute because they are generally known within the territorial
jurisdiction of the court.

Answer 12

MAY ADMIT

Question 13

Judicial Notice: (Must Admit or May Admit): 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.

Answer 13

MAY ADMIT

Question 14

What is the Relevancy Rule?

Answer 14

Relevant evidence is inadmissible if its probative value is substantially outweighed by the danger of (1) unfair prejudice, (2) confusion of issues, (3) misleading the jury, or (4) needless presentation of cumulative evidence.

Question 15

General Rule: Character Evidence

Answer 15

Evidence of a person’s character or a trait of character is inadmissible to prove action in conformity with it on a particular occasion.

Question 16

Exceptions: Character Evidence (3)

Answer 16

(1) Character of Accused
(2) Character of Victim
(3) Character of Witness

Question 17

When can the character of the accused be brought in?

Answer 17

Evidence of a pertinent trait of character offered by an accused, or by the prosecution to rebut the trait.

Question 18

When can the character of the victim be brought in? (2)

Answer 18

(1) Evidence of a pertinent trait of character of the victim
of the crime offered by an accused, or by the prosecution to rebut the trait.

(2) Evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the aggressor.

Question 19

When can evidence of other crimes, wrongs or acts be admissible? (8) [William’s Rule]

Answer 19

(1) proof of motive,
(2) opportunity,
(3) intent,
(4) preparation,
(5) plan,
(6) knowledge,
(7) identity, or
(8) absence of mistake or accident.

Question 20

Can evidence of other crimes, wrongs or acts be admissible to prove bad character?

Answer 20

No, it is inadmissible when the evidence is relevant solely to prove bad character or propensity.

Question 21

What type of character evidence can be brought in?

Answer 21

REPUTATION (NOT OPINION)

Question 22

Routine Practice (for an Organization)

Answer 22

Evidence of the routine practice of an organization, whether corroborated or not 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 23

Routine Practice (for an Individual)

Answer 23

Evidence of the routine practice of an individual, if corroborated, is admissible to prove that the conduct of the individual on a particular occasion was in conformity with the routine practice.

Question 24

General Rule: Can subsequent remedial measures be brought in?

Answer 24

Evidence of measures taken after an injury or harm caused by an event, which measures if taken before
the event would have made injury or harm less likely to occur, is not admissible to prove negligence, the
existence of a product defect, or culpable conduct in connection with the event.

Question 25

Exception: When can subsequent remedial measures be brought in? (3)

Answer 25

(1) Proving ownership, (2) Proving control, or (3) Proving the feasibility of precautionary measures, If controverted, or impeachment.

Question 26

Can compromises and offers to compromise be introduced?

Answer 26

It is inadmissible to prove liability or absence of liability for the claim or its value.

Question 27

Can payment of medical and similar expenses be introduced?

Answer 27

Evidence of furnishing, or offering or promising to pay, medical or hospital expenses or other damages occasioned by an injury or accident is inadmissible to prove liability for the injury or accident.

Question 28

List of Privileges in Florida (4)

Answer 28

(1) Lawyer-Client Privilege (2) Psychotherapist-Patient Privilege (3) Husband-Wife Privilege (4) Clergy-Parishioner Privilege

Question 29

When does the Husband-Wife Privilege apply?

Answer 29

During and after the marital relationship.

Question 30

What does the Husband-Wife Privilege cover?

Answer 30

Applies to communications intended to be confidential.

Question 31

In which type(s) of judicial matters does the Husband-Wife Privilege NOT apply?

Answer 31

Does not apply in a proceeding brought by spouse against spouse and where spouse is the victim of a crime by another spouse.

Question 32

What happens when employees of a lawyer or clergy hear communications?

Answer 32

Privilege still applies if employees of the lawyer or clergy member hear the communications.

Question 33

When can a witness be disqualified? (2)

Answer 33

(1) Incapable of expressing himself or herself concerning the matter in such a manner as to be understood, either directly or through interpretation by one who can understand him or her OR (2) Incapable of understanding the duty of a witness to tell the truth.

Question 34

Who can impeach?

Answer 34

ANY PARTY

Question 35

Ways to impeach (5)

Answer 35

(1) Prior Inconsistent Statements (2) Bias (3) Character (4) Showing Defect of Capacity, Ability, or Opportunity (5) Other Witnesses

Question 36

What types of character evidence can come in for truthfulness? (2)

Answer 36

(1) Untruthfulness of the witness AND (2) Truthfulness IF untruthfulness has already been addressed.

Question 37

Convictions of Certain Crimes (2 Types)

Answer 37

(1) the crime was punishable by death or imprisonment in excess of 1 year under the law under which the witness was convicted, OR (2) if the crime involved dishonesty or a false statement regardless of the punishment

Question 38

When can otherwise admissible convictions be inadmissible?

Answer 38

(1) Remoteness (2) Juvenile

Question 39

Impeachment based on Religious Beliefs or Opinions

Answer 39

Inadmissible to enhance or diminish credibility.

Question 40

Refreshing Recollection Standard

Answer 40

You can refresh a witness' recollection with anything. If it is a writing, you have to show it to the adverse party.

Question 41

Can prior inconsistent statements be brought up?

Answer 41

Yes.

Question 42

General Rule: Introducing Extrinsic Evidence of Prior Inconsistent Statements

Answer 42

Extrinsic evidence of a prior inconsistent statement by a witness is inadmissible unless the witness is first afforded an opportunity to explain or deny the prior statement and the opposing party is afforded an opportunity to interrogate the witness on it, or the interests of justice otherwise require.

Question 43

Exception: Introducing Extrinsic Evidence of Prior Inconsistent Statements

Answer 43

If a witness denies making or does not distinctly admit making the prior inconsistent statement, extrinsic evidence of such statement is admissible.

Question 44

When can opinions of lay witnesses be admitted?

Answer 44

Admissible when the witness cannot testify to what they observed without inference or opinion, as long as it will not mislead the jury.

Question 45

When can opinions of expert witnesses be admitted?

Answer 45

If scientific, technical or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training or education may testify in the form of opinion.

Question 46

What is the standard for expert testimony?

Answer 46

Daubert

Question 47

Can experts give opinions on ultimate issues?

Answer 47

Yes.

Question 48

Basis for the Expert Opinion

Answer 48

Facts/data upon which expert bases an opinion or inference may be those perceived by, or made known to, the expert at or before trial. If the facts/data are of a type reasonably relied upon by experts in their field to support the opinion expressed, the facts/data need not be admissible in evidence.

Question 49

Disclosure of Underlying Facts of Expert Opinions

Answer 49

Adverse party can conduct voir dire of how the expert came to the opinion.

Question 50

When can treatises be introduced?

Answer 50

May be used to impeach an expert on cross-examination so long as the expert recognizes the author/writing as authoritative or if the judge finds it so.

Question 51

What is hearsay?

Answer 51

A statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.

Question 52

What types of statements are not hearsay?

Answer 52

(1) Inconsistent statements given under oath; (2) Consistent with the declarant’s testimony and is offered to rebut an express or implied charge against the declarant of improper influence, motive, or recent fabrication; OR (3) One of identification of a person made after perceiving the person.

Question 53

Hearsay Exceptions (Availability Immaterial) (9)

Answer 53

(1) Spontaneous Statement (2) Excited Utterance (3) Then-Existing Mental, Emotional, OR Physical Conditions (4) Statements for Medical Diagnosis (5) Recorded Recollection (6) Family Records (7) Admissions (8) Reputation (9) Former Testimony

Question 54

Hearsay Exceptions (Availability Material) (3)

Answer 54

(1) Former Testimony (2) Dying Declaration (3) Statement Against Interest

Question 55

Hearsay within Hearsay Rule

Answer 55

Hearsay within hearsay is not excluded under s. 90.802, provided each part of the combined statements conforms with an exception to the hearsay rule.