Show:
Evidence
Ethics & Professionalism
Recent Florida Law
Supreme Court Justices
Trial Procedure: Civil/Criminal
100
TRUE OR FALSE: According to the Evidence Code, leading questions should not be used on the direct examination of a witness except: (1) as may be necessary to develop the witness's testimony, (2) when a party calls a hostile witness, (3) when a party calls an adverse party, or (4) when a witness is identified with an adverse party.
True - Section 90.612
100
Can a lawyer be disciplined for violating professionalism standards?
Yes. In re Code for Resolving Professionalism Complaints, 116 So. 3d 280 (Fla. 2013).
100
As of July 2013, Florida Statutes Section 95.11 (mortgage foreclosures) requires plaintiffs to bring a deficiency action related to a note secured by a mortgage against residential property within what time period?
One year
100
Who was the first US president to also serve as a Supreme Court Justice?
William H. Taft
100
Under Fla. R. Crim. Pro 3.191 regarding Speedy Trials Without Demand, what is the number of days a person charged with a felony is to be brought to trial after arrest, unless waived by the defendant?
175 days
200
A statement is not hearsay if the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement....as long as the statement is (list the 3 requirements):
(1) Inconsistent with the declarant’s testimony & was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding or in a deposition; (2) Consistent with the declarant’s testimony & is offered to rebut an express or implied charge against the declarant of improper influence, motive, or recent fabrication; or (3) One of identification of a person made after perceiving the person. Section 90.801
200
Which local Circuit Judge wrote the Creed of Professionalism adopted by the Florida courts?
Judge Robert K. Rouse, Jr., a founding member of the Dunn-Blount Inn and the 2013 winner of the William M. Hoevler Judicial Professionalism Award.
200
Florida Statutes Section 316.081 makes it a non-criminal traffic infraction punishable as a moving violation with three (3) points assessed to your license if you drive more than ______ miles per hour below the posted speed limit when on a road, street, or highway having two or more lanes allowing movement in the same direction.
10 mph
200
TRUE OR FALSE? Every sitting Justice went to either Harvard or Yale Law Schools.
True
200
Per Fla. R. Crim. Pro. 3.131, every person charged with a crime shall be entitled to pretrial release on reasonable conditions unless are charged with which 2 types of offenses?
1) Capital Offenses 2) Offenses Punishable by Life
300
The Evidence Code lists 5 methods of attacking the credibility of a witness. List 3 of the 5.
1. Introducing statements of the witness which are inconsistent with the witness’s present testimony. 2. Showing that the witness is biased. 3. Attacking the character of the witness in accordance with the provisions of s. 90.609 or s. 90.610. 4. Showing a defect of capacity, ability, or opportunity in the witness to observe, remember, or recount the matters about which the witness testified. 5. Proof by other witnesses that material facts are not as testified to by the witness being impeached Section. 90.608
300
What are at least three components of professionalism?
Competence, Character, Integrity, Civility, Commitment
300
In 2013 flashing “these” became a protected form of speech in Florida.
Headlights
300
TRUE OR FALSE? Justice Thomas went seven years without asking a question during oral arguments.
True
300
What must be alleged by the petitioner seeking an injunction for repeat violence under Fla. Fam. L. R. P. 12.610?
Two prior incidents of violence, one within 6 months of filing
400
Which one of the following is the trial court not required to (but may) take judicial notice of? (1.) Decisional, constitutional, and public statutory law and resolutions of the Florida Legislature and the Congress of the United States. (2.) Florida rules of court that have statewide application, its own rules, and the rules of United States courts adopted by the United States Supreme Court. (3.) Official seals of governmental agencies and departments of the United States and of any state, territory, or jurisdiction of the United States. (4.) Rules of court of the United States Supreme Court and the United States Courts of Appeal.
# 3 - Official seals of governmental agencies and departments of the United States and of any state, territory, or jurisdiction of the United States Section 90.201
400
The Florida Bar Center for Professionalism is named after one of Florida’s first African-American judges. Who is it?
Henry Latimer who mentored thousands, instilling in them his passion for equality, excellence, respect and professionalism.
400
How much money did the Florida Legislature (as of July 2013) appropriate to help the courts and clerks clear back logged foreclosure cases?
$30.9 million
400
As a litigator, this Supreme Court Justice argued 6 cases in front of the Supreme Court and won 5 of them, all of them victories for gender equality.
RUTH BADER GINSBURG
400
What is the three prong analysis trial courts must use under Richardson v. State, 246 So.2d 771 (Fla.1971) to determine whether a defendant has been prejudiced by a violation of the State’s discovery obligations?
1) Was the violation willful? 2) Was the violation substantial? 3) Did the violation prejudice the defendant’s trial preparation?
500
There are 10 privileges identified in the Evidence Code. Name 5 of the 10 privileges.
1 Journalist's privilege 2. Lawyer-client privilege 3. Fiduciary Lawyer-client privilege 4. Psychotherapist-patient privilege 5. Sexual assault counselor-victim privilege 6. Domestic violence advocate-victim privilege 7. Husband-wife privilege 8. Communications to clergy privilege 9. Accountant-client privilege 10. Trade secrets privilege Sections 90.501 to 90.506
500
The Oath of Admission to the Florida Bar has included a civility component since 2011. What does it require?
“To opposing parties and their counsel, I pledge fairness, integrity and civility not only in court, but also in written oral communications.”
500
In 2013, the Florida legislature adopted the decision made by the Supreme Court of the United States in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), which allows experts to testify in the form of an opinion if what four elements are present?
1. The expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; 2. The testimony is based on sufficient facts or data; 3. The testimony is the product of reliable principles and methods; and 4. The expert has reliably applied the principles and methods to the facts of the case.
500
On this Supreme Court Justice's first day working as a White House Counsel for Reagan, he received a call from someone saying the President was about to get on the line. He waited with anticipation for 15 to 20 minutes before realizing it was a prank orchestrated by his new colleagues, who all placed a bet on just how long he would wait.
JOHN ROBERTS JR. Another piece of trivia: He met his wife on a blind date.
500
What is the three step analysis that trial courts must use under Melbourne v. State, 679 So.2d 759 (Fla. 1996) whenever a race based objection is made to a peremptory challenge of a prospective juror during jury selection?
1) Determine if the juror is a member of a distinct group. 2) Require the proponent of the strike to provide a race neutral reason. 3) Determine whether or not the race neutral explanation is genuine.