FL Bar Evidence 1 — Questions and Answers
Question 1: Under the Federal Rules of Evidence, hearsay is defined as an out-of-court statement offered to prove:
- The declarant's state of mind
- The truth of the matter asserted (Correct answer)
- The effect on the listener
- The existence of a fact
Correct 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.
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?
- Excited utterance
- Present sense impression (Correct answer)
- Dying declaration
- Recorded recollection
Correct 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.
Question 3: Under Florida's Evidence Code (§ 90.702), an expert witness may testify when their specialized knowledge will:
- Support only the calling party's position
- Help the trier of fact understand evidence or determine a fact in issue (Correct answer)
- Replace the jury's own assessment
- Be based on inadmissible data only
Correct 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.
Question 4: The best evidence rule (original document rule) requires production of the original writing when:
- Any document is introduced into evidence
- A party seeks to prove the contents of a writing, recording, or photograph (Correct answer)
- A document is offered as demonstrative evidence only
- The document is a business record
Correct 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.
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:
- Propensity to commit crimes
- Motive, opportunity, intent, plan, knowledge, identity, or absence of mistake (Correct answer)
- The defendant is dangerous
- Nothing — it is always inadmissible
Correct 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.
Question 6: Attorney-client privilege protects confidential communications between attorney and client made for the purpose of:
- Any business advice
- Obtaining or rendering legal advice (Correct answer)
- Settling a dispute
- Documenting past crimes
Correct 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.
FL Bar Evidence 1
Under the Federal Rules of Evidence, hearsay is defined as an out-of-court statement offered to prove: