TN Bar Tennessee Evidence Law 1 — Questions and Answers
Question 1: Under the Tennessee Rules of Evidence (TRE 401), evidence is relevant if it has what tendency?
- Makes a fact of consequence more or less probable than without the evidence (Correct answer)
- Is directly related to the ultimate issue in dispute
- Proves the defendant's guilt beyond a reasonable doubt
- Was obtained through lawful means by law enforcement
Correct answer: Makes a fact of consequence more or less probable than without the evidence
TRE 401 sets a low threshold: evidence is relevant if it has any tendency to make a fact of consequence more or less probable than it would be without the evidence.
Question 2: Under TRE 403, relevant evidence may be excluded if its probative value is substantially outweighed by the danger of:
- Unfair prejudice, confusion of the issues, or misleading the jury (Correct answer)
- Any prejudice to the opposing party regardless of degree
- Creating sympathy for a party in the jury
- Presenting cumulative facts that delay the proceeding
Correct answer: Unfair prejudice, confusion of the issues, or misleading the jury
TRE 403 permits exclusion when the probative value is substantially outweighed by unfair prejudice, confusion of the issues, misleading the jury, undue delay, waste of time, or needless presentation of cumulative evidence.
Question 3: Under TRE 404(a), evidence of a person's character trait is generally:
- Inadmissible to prove the person acted in conformity with that trait on a particular occasion (Correct answer)
- Admissible in all civil cases to show a pattern of conduct
- Admissible whenever it tends to make any fact more probable
- Required to be admitted when offered by the criminal defendant
Correct answer: Inadmissible to prove the person acted in conformity with that trait on a particular occasion
TRE 404(a) establishes that character evidence is generally inadmissible to prove conduct in conformity therewith, with specific enumerated exceptions for criminal defendants, victims, and witnesses.
Question 4: Under TRE 404(b), evidence of other crimes, wrongs, or acts may be admissible to prove which of the following?
- Motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake (Correct answer)
- That the defendant has a propensity to commit crimes of the same type
- The defendant's bad character as relevant background
- Only the specific plan or scheme for the crime charged
Correct answer: Motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake
TRE 404(b) prohibits other-acts evidence to prove propensity but permits it for non-character purposes such as motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
Question 5: Under TRE 608, a witness's character for truthfulness may be attacked by:
- Opinion or reputation testimony about the witness's character for untruthfulness (Correct answer)
- Evidence of any prior bad act regardless of its connection to honesty
- Proof of prior civil judgments entered against the witness
- Any prior felony conviction on the witness's record
Correct answer: Opinion or reputation testimony about the witness's character for untruthfulness
TRE 608(a) allows credibility attacks through opinion or reputation evidence specifically concerning the witness's character for untruthfulness, not general bad character.
Question 6: Under TRE 609, a prior conviction may be used to impeach a witness if the crime was punishable by death or imprisonment exceeding one year, OR if the crime:
- Involved dishonesty or false statement, regardless of the potential punishment (Correct answer)
- Was committed within the past five years of the current proceeding
- Resulted in actual incarceration of the witness
- Was prosecuted in a court of record
Correct answer: Involved dishonesty or false statement, regardless of the potential punishment
TRE 609 allows impeachment by prior conviction for felonies (punishable by more than one year) and for any crime involving dishonesty or false statement regardless of the grade of offense.
Question 7: Under TRE 615, when the court orders witnesses excluded from the courtroom, which of the following may NOT be excluded?
- A party who is a natural person or a designated representative of an entity party (Correct answer)
- An expert witness retained by either party to the litigation
- A witness whose testimony is not yet scheduled to be heard
- A witness listed on the opposing party's witness list
Correct answer: A party who is a natural person or a designated representative of an entity party
TRE 615 allows sequestration of witnesses but carves out exceptions for a party who is a natural person, an officer or employee designated as the organization's representative, and persons whose presence is essential to presenting a party's case.
TN Bar Tennessee Evidence Law 1
Under the Tennessee Rules of Evidence (TRE 401), evidence is relevant if it has what tendency?