FBBE FBBE Florida Evidence Law

Question 1

Under the Florida Evidence Code, which standard governs the admissibility of expert scientific testimony?

Accepted Answer

Frye standard (general acceptance)

Answer

Daubert standard (reliability and relevance)

Answer

Both Frye and Daubert equally

Answer

No standard — courts have absolute discretion

Question 2

Under Florida Statutes § 90.702, an expert witness may testify in the form of an opinion if the opinion is based on:

Accepted Answer

Sufficient facts or data, reliable principles and methods, reliably applied to the facts

Answer

Only personal observation

Answer

Hearsay evidence alone

Answer

The expert's subjective belief

Question 3

Under Florida's hearsay rule, which of the following is NOT an exception to the hearsay rule?

Accepted Answer

Lay opinion on another's state of mind

Answer

Excited utterance

Answer

Present sense impression

Answer

Business record

Question 4

Under Florida Evidence Code § 90.404, evidence of a defendant's prior bad acts may be admitted for which of the following purposes?

Accepted Answer

To prove motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake

Answer

To show propensity to commit the charged crime

Answer

To impeach the defendant's credibility as a matter of course

Answer

Only when the defendant opens the door

Question 5

In Florida, the attorney-client privilege under § 90.502 belongs to whom and who may waive it?

Accepted Answer

The client; only the client may waive it

Answer

The attorney; only the attorney may waive it

Answer

Both equally; both must agree to waive

Answer

The court; waivable only by judicial order

Question 6

Under Florida law, what is the effect of a witness invoking the Fifth Amendment privilege against self-incrimination in a civil proceeding?

Accepted Answer

An adverse inference may be drawn against the party invoking the privilege

Answer

No inference may be drawn from the invocation

Answer

The witness is excused from testifying entirely

Answer

The case is automatically dismissed