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Evidence Flashcards

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

Read the first 6 Evidence flashcards as text

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

    Answer: The truth of the matter asserted

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

  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?

    Answer: Present sense impression

    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.

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

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

    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.

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

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

    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.

  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:

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

    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.

  6. Attorney-client privilege protects confidential communications between attorney and client made for the purpose of:

    Answer: Obtaining or rendering legal advice

    Attorney-client privilege covers confidential communications between attorney and client made for the purpose of seeking or providing legal advice — it does not cover business advice or future crimes.