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Florida Bar Core 8 -- Gretchen > Evidence > Flashcards

Flashcards in Evidence Deck (36)
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evidence of habit

evidence of a person's habit to prove a pattern of behavior is only admissible to corroborate other evidence that shows the habit occurred at the particular time, but not as direct evidence.


character evidence: means of proving character (general disposition)

character cannot be proved by opinion testimony


how D proves character

FL restricts the D's witness to reputation evidence to prove the D's character


how prosecution rebuts D's character evidence

W may testify only to D's bad reputation; may not give own opinion of D's character; can't ask "did you know," but can ask "have you heard"


character evidence about AV in criminal case; D's initiative

AV's character not proven by opinion; P rebuts only by reputation evidence of AV's good character for same trait admissible


specific acts of misconduct admissible if independently relevant: types

motive; intent; absence of mistake; identity; common plan or scheme-P must give 10 days notice of intent to use other crimes or acts evidence


specific acts of misconduct admissible if independently relevant: quantum of proof

to be admissible, similar acts must be STRIKINGLY SIMILAR and share some UNIQUE CHARACTERISTIC or combination of characteristics that set them apart


prior acts of sexual assault or child molestation

in a criminal case where D is charged w/ child mol or sex offense, evidence of D's commission of other crimes, wrongs, or acts of child mol or sex offense is admissible and may be considered for its baring on any matter to which it is relevant


facts appropriate for judicial notice

court may find upon being furnished sufficient information, take judicial notice of: notorious facts, manifest facts, and scientific principles when a party requests and provides each adverse party timely written notice of the request


conclusiveness of judicial notice

court has discretion in both criminal and civil cases


competency of witness-dead man acts

repealed in FL in 2005


opinion testimony by lay witnesses

admissible: 1-W can't accurately testify about what he perceived w/o opinion; 2-won't mislead jury; 3-does not require special knowledge or training


opinion testimony by expert witness in general

must be appropriate matter for expert testimony


opinion testimony by expert witness standard

daubert standard: relevant; methodology reliable (sufficient data, reliable principal methods); expert has reliably applied principles and methods to the facts of the case; assist jury's understanding of method; expert is qualified in field


authoritative texts and treatises

can only be used during cross exam of an expert; may not be read into record as substantive evidence; can't be used to bolster expert's credibility


prior inconsistent statement-laying a foundation

extrinsic evidence inadmissible unless: W 1st afforded opportunity to explain or deny and opposing party is given opportunity to question the witness on it, or the interest of justice otherwise requires. If W denies or doesn't admit extrinsic evidence allowed. Prior statement that was written must be shown to W before W can be examined about it


type of prior crime permitted

any felony; MM involving dishonesty-only permitted to ask 1-have you been convicted of a felony or crime of dishonesty and 2-how many times. W can't be asked about specific acts convicted of unless W lies; no specific acts w/o a conviction (including pardons); no opinion testimony; no definite time period for judging remoteness; court does not have to balance probative value of felony conviction not involving dishonesty or false statement against unfair prejudice; may not be asked about prior specific acts of misconduct not convicted; an impeached W may call other Ws to testify to his good reputation for truthfulness, but not for opinions as to his truthfulness


specificity of objections

must be specific if not apparent from context of questioning


physician privilege

not a specified privilege; does recognize psychotherapist privilege for confidential communications for purpose of diagnosis of mental or emotional condition-waived when mental condition put in issue


spousal privilege in court

recognizes "marital privilege;" no spousal immunity


professional journalist privilege

qualified privilege-does not have to identify info or identity of source obtained while gathering news (doesn't apply to physical evidence, eyewitness observations, or audio/visual recordings of crimes). Can be overcome by: 1-relevant & material to unresolved issues; 2-can't be obtained by alternative sources; 3-compelling state interest exists requiring disclosure


prior statement of identifcation

AV's description of assailant to 3rd party is not an ID-not admissible as prior statement of ID by the 3rd party; but, maybe admissible under another exception


admissions by party opponent

exception to hearsay


vicarious admissions & co-conspirators

hearsay statements of a co-conspirator are inadmissible to show participation of another co-conspirator in the conspiracy. Upon request of counsel, the court must instruct the jury that the evidence against each co-conspirator must be independently proved


stock quotes as evidence

exception to hearsay


going to rehab as evidence

remedial measure and not permitted by public policy


are pardoned convictions admissible?



discovery of non-W expert not expected to be called at trial can be gotten by:

1-asked info about expert in interrogatories; 2-shows exceptional circumstances


account-client privilege

recognized in FL


dying declarations

permitted in criminal and civil cases; declarant must be unavailable, but does not have to be dead; statement was made under belief of imminent death