联邦和佛罗里达证据法规
2006-12
Aspen Publishers
Peter Nicolas 著
378
Federal and Florida Evidence Rules, Student Edition, is designed to help both students and practitioners learn the differences between the Federal Rules of Evidence and the Florida Evidence Code. The book is organized in the same order as are the Federal Rules of Evidence. The full text of each Federal Rule of Evidence is followed by its legislative history, which in turn is followed by the corresponding provision in the FloridaEvidence Code and its legislative history. Following each federal and Florida rule pairing is detailed commentary explaining the similarities and differences between the federal rule and its Florida law counterpart, with citations to key federal and Florida case law. Whenever possible, citations to Eleventh Circuit decisions--which are binding on federal courts in Florida--are included in the commentary. The book is divided into eleven sections that correspond to the eleven articles of the Federal Rules of Evidence. At the beginning of each section is a correlation table that makes it easy for you to find the corresponding provision of the Florida Evidence Code if you know the federal rule number, and vice versa. My goal is that you will find this book well-suited to your purpose whether you are using it in a law school course in evidence, as an aid in studying for the Florida bar examination, or as a practicing lawyer litigating cases in both federaland state courts in Florida. Should you have any comments or suggestions for future editions of this book, I invite you to contact me via e-mail at pnicolas@u.washington.edu.
Article 1. General Provisions Federal Rule 101. Scope Florida Stat. 90.103. Scope; applicability Federal Rule 102. Purpose and Construction Florida Stat. 90.102. Construction Federal Rule 103. Rulings on Evidence Florida Stat. 90.104. Rulings on evidence Federal Rule 104. Preliminary Questions Florida Stat. 90.105. Preliminary questions Federal Rule 105. Limited Admissibility Florida Star. 90.107. Limited admissibility Federal Rule 106. Remainder of or Related Writings or Recorded Statements Florida Stat. 90.108. Introduction of related writings or recorded statements Florida Stat. 90.106. Summing up and comment by judgeArticle 2. Judicial Notice Federal Rule 201. Judicial Notice of Adjudicative Facts Florida Stat. 90.201. Matters which must be judicially noticed Florida Stat. 90.202. Matters which may be judicially noticed. Florida Stat. 90.203. Compulsory judicial notice upon request Florida Stat. 90.204. Determination of propriety of judicial notice and nature of matter noticed Florida Stat. 90.205. Denial of a request for judicial notice Florida Stat. 90.206. Instructing jury on judicial notice Florida Stat. 90.207. Judicial notice by trial court in subsequent proceedingsArticle 3. Presumptions in Civil Actions and Proceedings Federal Rule 301. Presumptions in General in Civil Actions and Proceedings Florida Star. 90.301. Presumption defined; inferences Florida Stat. 90.302. Classification of rebuttable presumptions Florida Star. 90.303. Presumption affecting the burden of producing evidence defined Florida Stat. 90.304. Presumption affecting the burden of proof defined Federal Rule 302. Applicability of State Law in Civil Actions and ProceedingsArticle 4. Relevancy and Its Limits Federal Rule 401. Definition of "Relevant Evidence" Florida Stat. 90.401. Definition of relevant evidence Federal Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible Florida Star. 90.402. Admissibility of relevant evidence Florida Stat. 90.4025. Admissibility of paternity determination in certain criminal prosecutions Florida Stat. 90.4026. Statements expressing sympathy; admissibility; definitions Federal Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time Florida Star. 90.403. Exclusion on grounds of prejudice or confusion Federal Rule 404. Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes Florida Stat. 90.404. Character evidence; when admissible Federal Rule 405. Methods of Proving Character Florida Stat. 90.405. Methods of proving character Federal Rule 406. Habit; Routine Practice Florida Stat. 90.406. Routine Practice Federal Rule 407. Subsequent Remedial Measures Florida Star. 90.407. Subsequent remedial measures Federal Rule 408. Compromise and Offers to Compromise Florida Star. 90.408. Compromise and offers to compromise Federal Rule 409. Payment of Medical and Similar Expenses Florida Stat. 90.409. Payment of medical and similar expenses Federal Rule 410. Inadmissibility of Pleas, Plea Discussions, and Related Statements Florida Stat. 90.410. Offer to plead guilty; nolo contendere; withdrawn pleas of guilty Federal Rule 411. Liability Insurance ……Article 5. PrivilegesArticle 6. WitnessesArticle 7. Opinion and Expert TestimonyArticle 8. HearsayArticle 9. Authentication and IdentificationArticle 10. Contents of Writings,Recordings,and PhotographsArticle 11. Miscellaneous RulesTable of StatutesIndex
