Tennessee Evidence Law Flashcards

Under Tennessee's attorney-client privilege (TRE 501), which communications are protected?

Answer: Confidential communications between attorney and client made for the purpose of obtaining or providing legal advice

The attorney-client privilege protects confidential communications between attorney and client made for the purpose of legal advice; the presence of unnecessary third parties or a non-legal purpose destroys the privilege.

Under TRE 702, a witness may testify as an expert if their scientific, technical, or specialized knowledge will help the trier of fact AND:

Answer: The witness is qualified by knowledge, skill, experience, training, or education

TRE 702 requires that the expert be qualified by knowledge, skill, experience, training, or education — a broad standard that does not mandate formal credentials in every case.

Under the McDaniel standard (adopting Daubert in Tennessee), a trial court acting as 'gatekeeper' for expert testimony must find that the testimony is:

Answer: Based on sufficient facts or data, a reliable methodology, and that the methodology was reliably applied to the facts

Following McDaniel v. CSX Transportation, Tennessee courts apply the Daubert reliability standard, requiring sufficient facts, a reliable method, and reliable application of that method to the case facts.

Under TRE 901, the requirement of authentication or identification is satisfied by:

Answer: Evidence sufficient to support a finding that the matter in question is what its proponent claims it to be

TRE 901(a) sets a minimal threshold: authentication is met by evidence sufficient to support a finding that the item is what the proponent claims, which can be accomplished through numerous methods listed in TRE 901(b).

The Original Document Rule under TRE 1002 requires production of the original writing, recording, or photograph when:

Answer: A party seeks to prove the contents of the writing, recording, or photograph

TRE 1002 requires the original only when a party seeks to prove the contents of a writing, recording, or photograph; testimony about matters independent of the document's contents does not trigger this rule.

Under TRE 407, evidence of subsequent remedial measures taken after an injury or harm is inadmissible to prove negligence. However, such evidence may be admitted to prove:

Answer: Ownership, control, or the feasibility of precautionary measures if those issues are controverted

TRE 407 bars subsequent remedial measures only to prove negligence or culpable conduct, but expressly permits such evidence to show ownership, control, or feasibility when those matters are genuinely disputed.

Under TRE 411, evidence that a person was or was not insured against liability is inadmissible to prove negligence, but may be admitted to prove:

Answer: Agency, ownership, control, or the bias or interest of a witness

TRE 411 excludes liability insurance evidence to prove negligence or wrongful conduct, but allows it for other purposes such as proving agency, ownership, control, or to show a witness's bias or financial interest in the case.