FBBE FBBE Florida Evidence Law 2

Question 1

Under Florida Evidence Code § 90.803(1), a spontaneous statement is admissible as an excited utterance if it was made:

Accepted Answer

While the declarant was under the stress of excitement caused by a startling event, relating to that event

Answer

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?

Accepted Answer

§ 90.901

Answer

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?

Accepted Answer

To prove the content of the writing, recording, or photograph

Answer

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?

Accepted Answer

Psychotherapist-patient privilege under § 90.503

Answer

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?

Accepted Answer

The witness must be given an opportunity to explain or deny the prior statement

Answer

Florida § 90.614 requires that before a prior inconsistent statement is introduced, the witness must be given an opportunity to explain or deny it.

FBBE - Florida Board of Bar Examiners Practice Test

FBBE - Florida Board of Bar Examiners Practice Test

FBBE FBBE Florida Evidence Law 2