FBBE Florida Evidence Law Flashcards

Under Florida law, what is the difference between judicial notice of adjudicative facts and legislative facts?

Answer: Adjudicative facts relate to the specific case; legislative facts relate to law-making and policy and are not subject to § 90.202

Adjudicative facts (specific to the case) are governed by Florida § 90.201-90.203; legislative facts (informing law and policy) fall outside the scope of judicial notice rules.

Under Florida § 90.610, a witness's credibility may be impeached by prior convictions. Which of the following convictions is admissible for impeachment?

Answer: Felony conviction or a crime involving dishonesty or false statement

Florida § 90.610 allows impeachment by evidence of a felony conviction or any crime involving dishonesty or false statement, regardless of felony or misdemeanor classification.

Under Florida Evidence Code § 90.501, which of the following statements about privileges is correct?

Answer: Privileges may only be created by statute or the Florida Evidence Code

Florida § 90.501 provides that privileges in Florida courts exist only as provided by statute, the Florida Evidence Code, or the Florida Constitution — common law privileges were abolished.

Under Florida's rape shield law (§ 794.022), evidence of a victim's prior sexual conduct is generally:

Answer: Inadmissible, subject to narrow exceptions such as prior acts with the defendant or to explain physical evidence

Florida § 794.022 generally bars evidence of the victim's prior sexual history, with narrow exceptions including prior consensual activity with the defendant or evidence explaining physical findings.

Under Florida Evidence Code § 90.803(6), a business record is admissible as an exception to the hearsay rule if it was:

Answer: Made at or near the time of the event by a person with knowledge, kept in the regular course of business, and it was the regular practice to make such a record

Florida § 90.803(6) requires the business record to be made near the time of the event by someone with knowledge, in the regular course of business, where making such records is a regular practice.

In Florida, which doctrine holds that evidence derived from an unconstitutional search or seizure must be excluded at trial?

Answer: Both the exclusionary rule and fruit of the poisonous tree doctrine

Florida applies both the exclusionary rule (barring directly obtained illegally seized evidence) and the fruit of the poisonous tree doctrine (barring derivative evidence) under Article I, Section 12 of the Florida Constitution.