FBBE FBBE Florida Evidence Law 1 — Questions and Answers
Question 1: Under the Florida Evidence Code, which standard governs the admissibility of expert scientific testimony?
- Frye standard (general acceptance) (Correct answer)
- Daubert standard (reliability and relevance)
- Both Frye and Daubert equally
- No standard — courts have absolute discretion
Correct answer: Frye standard (general acceptance)
Florida follows the Frye standard under § 90.702, requiring that expert scientific testimony be based on principles and methods generally accepted in the relevant scientific community.
Question 2: Under Florida Statutes § 90.702, an expert witness may testify in the form of an opinion if the opinion is based on:
- Only personal observation
- Sufficient facts or data, reliable principles and methods, reliably applied to the facts (Correct answer)
- Hearsay evidence alone
- The expert's subjective belief
Correct answer: Sufficient facts or data, reliable principles and methods, reliably applied to the facts
Florida § 90.702 requires expert opinions to be based on sufficient facts or data, reliable principles and methods, and their reliable application to the case facts.
Question 3: Under Florida's hearsay rule, which of the following is NOT an exception to the hearsay rule?
- Excited utterance
- Present sense impression
- Business record
- Lay opinion on another's state of mind (Correct answer)
Correct answer: Lay opinion on another's state of mind
A lay opinion on another's state of mind is not a hearsay exception; it is generally inadmissible as speculation unless the declarant's own state of mind is at issue.
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?
- To show propensity to commit the charged crime
- To prove motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake (Correct answer)
- To impeach the defendant's credibility as a matter of course
- Only when the defendant opens the door
Correct answer: To prove motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake
Florida § 90.404(2) permits prior bad act evidence only for specific non-propensity purposes such as motive, intent, plan, knowledge, or identity, not to show character or propensity.
Question 5: In Florida, the attorney-client privilege under § 90.502 belongs to whom and who may waive it?
- The attorney; only the attorney may waive it
- The client; only the client may waive it (Correct answer)
- Both equally; both must agree to waive
- The court; waivable only by judicial order
Correct answer: The client; only the client may waive it
Under Florida § 90.502, the attorney-client privilege belongs to the client, and only the client (or their authorized representative) may waive it.
Question 6: Under Florida law, what is the effect of a witness invoking the Fifth Amendment privilege against self-incrimination in a civil proceeding?
- No inference may be drawn from the invocation
- An adverse inference may be drawn against the party invoking the privilege (Correct answer)
- The witness is excused from testifying entirely
- The case is automatically dismissed
Correct answer: An adverse inference may be drawn against the party invoking the privilege
In Florida civil proceedings, courts may permit an adverse inference to be drawn when a party invokes the Fifth Amendment privilege, unlike the rule in criminal cases.
FBBE FBBE Florida Evidence Law 1
Under the Florida Evidence Code, which standard governs the admissibility of expert scientific testimony?