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
Under the Florida Evidence Code, which standard governs the admissibility of expert scientific testimony?
Answer: Frye standard (general acceptance)
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.
Under Florida Statutes § 90.702, an expert witness may testify in the form of an opinion if the opinion is based on:
Answer: Sufficient facts or data, reliable principles and methods, reliably applied to the facts
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.
Under Florida's hearsay rule, which of the following is NOT an exception to the hearsay rule?
Answer: Lay opinion on another's state of mind
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.
Under Florida Evidence Code § 90.404, evidence of a defendant's prior bad acts may be admitted for which of the following purposes?
Answer: To prove motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake
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.
In Florida, the attorney-client privilege under § 90.502 belongs to whom and who may waive it?
Answer: The client; only the client may waive it
Under Florida § 90.502, the attorney-client privilege belongs to the client, and only the client (or their authorized representative) may waive it.
Under Florida law, what is the effect of a witness invoking the Fifth Amendment privilege against self-incrimination in a civil proceeding?
Answer: An adverse inference may be drawn against the party invoking the privilege
In Florida civil proceedings, courts may permit an adverse inference to be drawn when a party invokes the Fifth Amendment privilege, unlike the rule in criminal cases.