FBBE FBBE Florida Evidence Law 2 — Questions and Answers
Question 1: Under Florida Evidence Code § 90.803(1), a spontaneous statement is admissible as an excited utterance if it was made:
- Any time after the startling event
- While the declarant was under the stress of excitement caused by a startling event, relating to that event (Correct answer)
- Only by a declarant who is unavailable at trial
- In writing immediately after the event
Correct answer: While the declarant was under the stress of excitement caused by a startling event, relating to that event
Florida § 90.803(2) (excited utterance) requires the statement to be made while the declarant was still under the stress of excitement caused by the startling event.
Question 2: Which Florida Evidence Code section governs the authentication of electronic records and social media posts?
- § 90.901 (Correct answer)
- § 90.803
- § 90.702
- § 90.404
Correct answer: § 90.901
Florida § 90.901 governs authentication, requiring that the proponent introduce evidence sufficient to support a finding that the item is what the proponent claims, including electronic records.
Question 3: Under Florida's best evidence rule (§ 90.952), when must the original writing, recording, or photograph be produced?
- Whenever the document is mentioned at trial
- To prove the content of the writing, recording, or photograph (Correct answer)
- Only in criminal proceedings
- Only when the document is over 10 years old
Correct answer: To prove the content of the writing, recording, or photograph
Florida § 90.952 requires production of the original when a party seeks to prove the content of a writing, recording, or photograph, subject to enumerated exceptions.
Question 4: Under Florida law, which privilege protects confidential communications between a patient and their psychotherapist?
- Work product doctrine
- Psychotherapist-patient privilege under § 90.503 (Correct answer)
- Attorney-client privilege
- Spousal privilege
Correct answer: Psychotherapist-patient privilege under § 90.503
Florida § 90.503 establishes the psychotherapist-patient privilege protecting confidential communications in the course of diagnosis or treatment of a mental or emotional condition.
Question 5: Under Florida Evidence Code § 90.612, how may a party impeach a witness using a prior inconsistent statement?
- The prior statement may be admitted without first confronting the witness
- The witness must be given an opportunity to explain or deny the prior statement (Correct answer)
- Prior inconsistent statements are never admissible in Florida
- The prior statement is automatically substantive evidence
Correct answer: The witness must be given an opportunity to explain or deny the prior statement
Florida § 90.614 requires that before a prior inconsistent statement is introduced, the witness must be given an opportunity to explain or deny it.
Question 6: In Florida, what is the standard for admitting a dying declaration under § 90.804(2)(b)?
- Declarant must have survived the incident
- Declarant must have believed death was imminent when making the statement and must be unavailable at trial (Correct answer)
- Statement must be written and witnessed
- Statement must be made to a physician
Correct answer: Declarant must have believed death was imminent when making the statement and must be unavailable at trial
Florida § 90.804(2)(b) admits dying declarations made by an unavailable declarant who believed death was imminent and who made the statement about the cause or circumstances of believed imminent death.
FBBE FBBE Florida Evidence Law 2
Under Florida Evidence Code § 90.803(1), a spontaneous statement is admissible as an excited utterance if it was made: