FLORIDA BAR MULTIPLE CHOICE STUDY GUIDE
Relevance - Sex Offender Profile - Answers - FL courts have held that a pedophile/child
sex offender profile is NOT admissible in a criminal trial
Relevance - Public Policy Exclusions - Answers - (1) collateral source evidence,
generally
(2) expressions of sympathy
Relevancy - Public Policy Exclusions - Collateral Source Evidence - Answers - Evidence
of payments from collateral sources, such as an insurance policy providing payments
for medical or hospital expenses or property damages wholly independent of a
defendant tortfeasor, is generally INadmissible as a matter of public policy
Relevancy - Public Policy Exclusions - Expressions of Sympathy Inadmissible -
Answers - In a FL civil case, that portion of a statement, writing, or benevolent gesture
that expresses sympathy or a general sense of benevolence relating to the pain,
suffering, or death of a person involved in an accident and made to that person or the
family of that person is INadmissible in evidence
However, a statement of fault that is part of, or in addition to, any of the above WILL be
admissible in evidence
Character Evidence - Opinion Testimony - Answers - FL does NOT allow opinion
testimony to prove character
How Defendant Proves Character - Answers - FL limits witnesses to reputation
evidence to prove the defendant's character (NO opinion evidence)
How Prosecution Rebuts Defendant's Character Evidence - Answers - Witnesses may
testify to the defendant's bad reputation, but they may NOT give their own opinion of the
defendant's character
Character of the Victim - Answers - CanNOT be proven by opinion testimony
Character of Victim - Prosecution's Rebuttal - Answers - In FL, the prosecution can
rebut the defendant's bad character evidence of the victim ONLY with Reputation
evidence of the victim's good character for the same trait
The prosecution may NOT rebut with Opinion testimony concerning the victim's good
character or with any evidence concerning the defendant's bad character for the same
trait
,Rape Victim's Past Behavior - Generally - Answers - Evidence of a prior consensual
relationship between the victim and persons OTHER THAN defendant MAY be admitted
IF the defense demonstrates to the court in an in camera proceeding that such evidence
may prove that the defendant was not the source of the semen, pregnancy, injury, or
disease OR when consent by the victim is at issue, such evidence MAY be admitted if
the defense demonstrates to the court in an in camera review proceeding that such
evidence tends to establish a pattern of conduct or behavior on the part of the victim so
similar to the conduct or behavior in the case that it is relevant to the issue of consent
Notwithstanding other provisions of law, reputation evidence relating to a victim's prior
sexual conduct shall NOT be admitted into evidence in sexual battery prosecutions
ALSO APPLIES to prosecutions for sexual activity with a child by or at the solicitation of
a person in familial or custodial authority
Rape Victim's Past Behavior - Manner of Dress - Answers - in sexual battery
prosecutions, evidnece presented for the purpose of showing that the victim's manner of
dress at the time of the offense incited the sexual battery is NOT admissible
Rape Victim's Past Behavior - Voluntary Entry into Defendant's House - Answers - in
sexual battery prosecutions where consent of the victim is a defense, evidence that the
victim voluntarily entered the defendant's house is NOT admissible
Rape Victim's Past Behavior - Mental Incapacity or Defect - Answers - in sexual battery
prosecutions where consent of the victim is a defense, evidence of the victim's mental
incapacity or defect IS admissible to prove that the consent was not intelligent, knowing,
or voluntary
Rape Victim's Past Behavior - Use of Prophylactic - Answers - an offender's use of a
prophylactic device, or a victim's request that an offender use one, is NOT, by ITSELF,
relevant to either the issue of whether the offense was committed or whether the victim
consented
Specific Acts of Misconduct - Generally - Answers - admissible IF independently
relevant AND the state gives 10 days' notice of intent to use other crimes or acts
evidence
Specific Acts of Misconduct - Examples and Requirements - Answers - similar act
evidence IS admissible when relevant to prove a material fact such as:
Motive
Opportunity
Intent
Preparation
Plan
Knowledge
,Identity
Absence of Mistake or Accident
REQUIREMENTS:
to be admissible, the similar acts must be STRIKINGLY SIMILAR and share some
UNIQUE CHARACTERISTIC or combination of characteristics that set them apart
Specific Acts of Misconduct - Prior Acts of Child Molestation - Answers - in a criminal
case in which the defendant is charged with a crime involved child molestation,
evidence of the defendant's commission of other crimes, wrongs, or acts of child
molestation IS admissible, and MAY be considered for its bearing on any matter to
which it is relevant
Judicial Notice - Appropriate Facts - Answers - a court MAY, upon being furnished with
sufficient information, take judicial notice of any matter of
--indisputable facts that are either matters of common knowledge in the community
(notorious facts) OR
--facts capabale of verification by resort to easily accessible sources of unquestionable
accuracy (manifest facts)
IF a party requests it AND provies EACH adverse party timely written notice of the
request
Judicial Notice - Conclusiveness - Answers - the court has the discretion to determine
whether judicial notice of a fact is conclusive
Judicial Notice of Law - Mandatory (4) - Answers - court SHALL take judicial notice of:
(1) decisional, constitutional, and public statutory law and resolutions of the FL
Legislature and Congress of the US
(2) ordinanaces and municipal and county charters, the enforcement of which is within
the jurisdiction of the court
(3) FL rules of court that have statewide application, its own rules, and the rules of the
US courts adopted by the USSC
(4) rules of court of the USSC and of the US Courts of Appeal
Judicial Notice of Law - Permissive (13) - Answers - courts MAY take judicial notice of:
(1) special, local, and private acts and resolutions of the US Congress and the FL
Legislature
(2) decisional, constitutional, and public statutory law of every other state, territory, and
jurisdiction of the US
(3) contents of the Federal Register
(4) laws of foreign nations and of an organization of nations
(5) official actions of the legislative, executive, and judicial departments of the US and of
any state, territory, or jurisdiction of teh US
(6) records of any court of this state or of any court of record of the US or of any state,
territory, or jurisdiction of the US
, (7) rules of court of any court of this state or of any court of record of the US or of any
other state, territory, or jurisdiction of the US
(8) provisions of all municipal and county charters and charter amendments of theis
state, provided they are available in printed copies or as certified copies,
(9) rules promulgated by the governmental agencies of this state which are published in
the FL Admin Code or in bound written copies
(10) duly enacted ordinances and resolutions of minucipalities and counties located in
FL, provided such ordinances and resolutions are available in printed copies or as
certified copies
(11) facts that are not subject to dispute because they are generally known within the
territorial jurisdiction of the court
(12) facts that are not subject to dispute because they are capable of accurate and
ready determination by resort to sources whose accuracy cannot reasonably be
questioned
(13) official seals of governmental agencies and departments of the US and of any
state, territory, or jurisdiction of the US
Judicial Notice - Notorious Facts - Answers - Facts of Common Knowledge in the
Community
those facts that well-informed persons generally know and accept...though usually facts
of common knowledge are known everywhere, it is sufficient for judicial notice if they
are known in the community where the court is sitting
Judicial Notice - Manifest Facts - Answers - some facts, while NOT generally known and
accepted, are easily verified by resorting to easily accessible, well-established sources;
therefore the court MAY take judicial notice of them
Additional Type of Real Proof - New or Novel Scientific Evidence - Answers - governed
by the Frye test, so the evidence IS admissible IF it can be shown that:
it is sufficiently established to have gained GENERAL ACCEPTANCE in the particular
field to which it belongs
Additional Type of Real Proof - New or Novel Scientific Evidence - DNA Evidence -
Answers - DNA evidence has been held admissible in FL using the Frye standard
HOWEVER, FL courts ALSO REQUIRE the laboratory testing the DNA follow
procedures that also meet the Frye standard to safeguard against false readings and
contamination
Additional Form of Examination of Witnesses - Use of Hypnosis - Answers - FL has
separated post-hypnotic testimony into two categories:
(1) testimony based on independent recollection
(2) hypnotically refreshed testimony
Relevance - Sex Offender Profile - Answers - FL courts have held that a pedophile/child
sex offender profile is NOT admissible in a criminal trial
Relevance - Public Policy Exclusions - Answers - (1) collateral source evidence,
generally
(2) expressions of sympathy
Relevancy - Public Policy Exclusions - Collateral Source Evidence - Answers - Evidence
of payments from collateral sources, such as an insurance policy providing payments
for medical or hospital expenses or property damages wholly independent of a
defendant tortfeasor, is generally INadmissible as a matter of public policy
Relevancy - Public Policy Exclusions - Expressions of Sympathy Inadmissible -
Answers - In a FL civil case, that portion of a statement, writing, or benevolent gesture
that expresses sympathy or a general sense of benevolence relating to the pain,
suffering, or death of a person involved in an accident and made to that person or the
family of that person is INadmissible in evidence
However, a statement of fault that is part of, or in addition to, any of the above WILL be
admissible in evidence
Character Evidence - Opinion Testimony - Answers - FL does NOT allow opinion
testimony to prove character
How Defendant Proves Character - Answers - FL limits witnesses to reputation
evidence to prove the defendant's character (NO opinion evidence)
How Prosecution Rebuts Defendant's Character Evidence - Answers - Witnesses may
testify to the defendant's bad reputation, but they may NOT give their own opinion of the
defendant's character
Character of the Victim - Answers - CanNOT be proven by opinion testimony
Character of Victim - Prosecution's Rebuttal - Answers - In FL, the prosecution can
rebut the defendant's bad character evidence of the victim ONLY with Reputation
evidence of the victim's good character for the same trait
The prosecution may NOT rebut with Opinion testimony concerning the victim's good
character or with any evidence concerning the defendant's bad character for the same
trait
,Rape Victim's Past Behavior - Generally - Answers - Evidence of a prior consensual
relationship between the victim and persons OTHER THAN defendant MAY be admitted
IF the defense demonstrates to the court in an in camera proceeding that such evidence
may prove that the defendant was not the source of the semen, pregnancy, injury, or
disease OR when consent by the victim is at issue, such evidence MAY be admitted if
the defense demonstrates to the court in an in camera review proceeding that such
evidence tends to establish a pattern of conduct or behavior on the part of the victim so
similar to the conduct or behavior in the case that it is relevant to the issue of consent
Notwithstanding other provisions of law, reputation evidence relating to a victim's prior
sexual conduct shall NOT be admitted into evidence in sexual battery prosecutions
ALSO APPLIES to prosecutions for sexual activity with a child by or at the solicitation of
a person in familial or custodial authority
Rape Victim's Past Behavior - Manner of Dress - Answers - in sexual battery
prosecutions, evidnece presented for the purpose of showing that the victim's manner of
dress at the time of the offense incited the sexual battery is NOT admissible
Rape Victim's Past Behavior - Voluntary Entry into Defendant's House - Answers - in
sexual battery prosecutions where consent of the victim is a defense, evidence that the
victim voluntarily entered the defendant's house is NOT admissible
Rape Victim's Past Behavior - Mental Incapacity or Defect - Answers - in sexual battery
prosecutions where consent of the victim is a defense, evidence of the victim's mental
incapacity or defect IS admissible to prove that the consent was not intelligent, knowing,
or voluntary
Rape Victim's Past Behavior - Use of Prophylactic - Answers - an offender's use of a
prophylactic device, or a victim's request that an offender use one, is NOT, by ITSELF,
relevant to either the issue of whether the offense was committed or whether the victim
consented
Specific Acts of Misconduct - Generally - Answers - admissible IF independently
relevant AND the state gives 10 days' notice of intent to use other crimes or acts
evidence
Specific Acts of Misconduct - Examples and Requirements - Answers - similar act
evidence IS admissible when relevant to prove a material fact such as:
Motive
Opportunity
Intent
Preparation
Plan
Knowledge
,Identity
Absence of Mistake or Accident
REQUIREMENTS:
to be admissible, the similar acts must be STRIKINGLY SIMILAR and share some
UNIQUE CHARACTERISTIC or combination of characteristics that set them apart
Specific Acts of Misconduct - Prior Acts of Child Molestation - Answers - in a criminal
case in which the defendant is charged with a crime involved child molestation,
evidence of the defendant's commission of other crimes, wrongs, or acts of child
molestation IS admissible, and MAY be considered for its bearing on any matter to
which it is relevant
Judicial Notice - Appropriate Facts - Answers - a court MAY, upon being furnished with
sufficient information, take judicial notice of any matter of
--indisputable facts that are either matters of common knowledge in the community
(notorious facts) OR
--facts capabale of verification by resort to easily accessible sources of unquestionable
accuracy (manifest facts)
IF a party requests it AND provies EACH adverse party timely written notice of the
request
Judicial Notice - Conclusiveness - Answers - the court has the discretion to determine
whether judicial notice of a fact is conclusive
Judicial Notice of Law - Mandatory (4) - Answers - court SHALL take judicial notice of:
(1) decisional, constitutional, and public statutory law and resolutions of the FL
Legislature and Congress of the US
(2) ordinanaces and municipal and county charters, the enforcement of which is within
the jurisdiction of the court
(3) FL rules of court that have statewide application, its own rules, and the rules of the
US courts adopted by the USSC
(4) rules of court of the USSC and of the US Courts of Appeal
Judicial Notice of Law - Permissive (13) - Answers - courts MAY take judicial notice of:
(1) special, local, and private acts and resolutions of the US Congress and the FL
Legislature
(2) decisional, constitutional, and public statutory law of every other state, territory, and
jurisdiction of the US
(3) contents of the Federal Register
(4) laws of foreign nations and of an organization of nations
(5) official actions of the legislative, executive, and judicial departments of the US and of
any state, territory, or jurisdiction of teh US
(6) records of any court of this state or of any court of record of the US or of any state,
territory, or jurisdiction of the US
, (7) rules of court of any court of this state or of any court of record of the US or of any
other state, territory, or jurisdiction of the US
(8) provisions of all municipal and county charters and charter amendments of theis
state, provided they are available in printed copies or as certified copies,
(9) rules promulgated by the governmental agencies of this state which are published in
the FL Admin Code or in bound written copies
(10) duly enacted ordinances and resolutions of minucipalities and counties located in
FL, provided such ordinances and resolutions are available in printed copies or as
certified copies
(11) facts that are not subject to dispute because they are generally known within the
territorial jurisdiction of the court
(12) facts that are not subject to dispute because they are capable of accurate and
ready determination by resort to sources whose accuracy cannot reasonably be
questioned
(13) official seals of governmental agencies and departments of the US and of any
state, territory, or jurisdiction of the US
Judicial Notice - Notorious Facts - Answers - Facts of Common Knowledge in the
Community
those facts that well-informed persons generally know and accept...though usually facts
of common knowledge are known everywhere, it is sufficient for judicial notice if they
are known in the community where the court is sitting
Judicial Notice - Manifest Facts - Answers - some facts, while NOT generally known and
accepted, are easily verified by resorting to easily accessible, well-established sources;
therefore the court MAY take judicial notice of them
Additional Type of Real Proof - New or Novel Scientific Evidence - Answers - governed
by the Frye test, so the evidence IS admissible IF it can be shown that:
it is sufficiently established to have gained GENERAL ACCEPTANCE in the particular
field to which it belongs
Additional Type of Real Proof - New or Novel Scientific Evidence - DNA Evidence -
Answers - DNA evidence has been held admissible in FL using the Frye standard
HOWEVER, FL courts ALSO REQUIRE the laboratory testing the DNA follow
procedures that also meet the Frye standard to safeguard against false readings and
contamination
Additional Form of Examination of Witnesses - Use of Hypnosis - Answers - FL has
separated post-hypnotic testimony into two categories:
(1) testimony based on independent recollection
(2) hypnotically refreshed testimony
