FL Bar Evidence

Question 1

Under the Federal Rules of Evidence, hearsay is defined as an out-of-court statement offered to prove:

Accepted Answer

The truth of the matter asserted

Answer

Hearsay is an out-of-court statement — oral, written, or assertive conduct — offered to prove the truth of the matter it asserts.

Question 2

Which hearsay exception applies to a statement made by a declarant who is currently unavailable, describing or explaining an event made while perceiving it?

Accepted Answer

Present sense impression

Answer

A present sense impression (FRE 803(1)) is a statement describing or explaining an event made while or immediately after the declarant perceived it — no excitement is required.

Question 3

Under Florida's Evidence Code (§ 90.702), an expert witness may testify when their specialized knowledge will:

Accepted Answer

Help the trier of fact understand evidence or determine a fact in issue

Answer

Florida § 90.702 allows expert testimony when it will assist the trier of fact to understand evidence or determine a factual issue — the Daubert standard applies in Florida.

Question 4

The best evidence rule (original document rule) requires production of the original writing when:

Accepted Answer

A party seeks to prove the contents of a writing, recording, or photograph

Answer

The original document rule (FRE 1002) requires production of the original when a party's purpose is to prove the contents of a writing, recording, or photograph.

Question 5

Character evidence of the defendant's prior crimes, wrongs, or acts is generally inadmissible to prove propensity under FRE 404(b) but may be admissible to show:

Accepted Answer

Motive, opportunity, intent, plan, knowledge, identity, or absence of mistake

Answer

FRE 404(b)(2) allows prior acts evidence for non-propensity purposes such as proving motive, intent, common plan, identity, or absence of mistake or accident.

FL Bar - Florida Bar Exam Practice Test

FL Bar - Florida Bar Exam Practice Test

FL Bar Evidence