FBBE FBBE Florida Evidence Law 1

Question 1

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

Accepted Answer

Frye standard (general acceptance)

Answer

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:

Accepted Answer

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

Answer

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?

Accepted Answer

Lay opinion on another's state of mind

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

The client; only the client may waive it

Answer

Under Florida § 90.502, the attorney-client privilege belongs to the client, and only the client (or their authorized representative) may waive it.

FBBE - Florida Board of Bar Examiners Practice Test

FBBE - Florida Board of Bar Examiners Practice Test

FBBE FBBE Florida Evidence Law 1