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FBBE Florida Evidence Law Flashcards

6 cards from real FBBE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 6 FBBE Florida Evidence Law flashcards as text

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

    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.

  2. Which Florida Evidence Code section governs the authentication of electronic records and social media posts?

    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.

  3. Under Florida's best evidence rule (§ 90.952), when must the original writing, recording, or photograph be produced?

    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.

  4. Under Florida law, which privilege protects confidential communications between a patient and their psychotherapist?

    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.

  5. Under Florida Evidence Code § 90.612, how may a party impeach a witness using a prior inconsistent statement?

    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.

  6. In Florida, what is the standard for admitting a dying declaration under § 90.804(2)(b)?

    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.