TN Bar Tennessee Evidence Law

Question 1

Under the Tennessee Rules of Evidence (TRE 401), evidence is relevant if it has what tendency?

Accepted Answer

Makes a fact of consequence more or less probable than without the evidence

Answer

Is directly related to the ultimate issue in dispute

Answer

Proves the defendant's guilt beyond a reasonable doubt

Answer

Was obtained through lawful means by law enforcement

Question 2

Under TRE 403, relevant evidence may be excluded if its probative value is substantially outweighed by the danger of:

Accepted Answer

Unfair prejudice, confusion of the issues, or misleading the jury

Answer

Any prejudice to the opposing party regardless of degree

Answer

Creating sympathy for a party in the jury

Answer

Presenting cumulative facts that delay the proceeding

Question 3

Under TRE 404(a), evidence of a person's character trait is generally:

Accepted Answer

Inadmissible to prove the person acted in conformity with that trait on a particular occasion

Answer

Admissible in all civil cases to show a pattern of conduct

Answer

Admissible whenever it tends to make any fact more probable

Answer

Required to be admitted when offered by the criminal defendant

Question 4

Under TRE 404(b), evidence of other crimes, wrongs, or acts may be admissible to prove which of the following?

Accepted Answer

Motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake

Answer

That the defendant has a propensity to commit crimes of the same type

Answer

The defendant's bad character as relevant background

Answer

Only the specific plan or scheme for the crime charged

Question 5

Under TRE 608, a witness's character for truthfulness may be attacked by:

Accepted Answer

Opinion or reputation testimony about the witness's character for untruthfulness

Answer

Evidence of any prior bad act regardless of its connection to honesty

Answer

Proof of prior civil judgments entered against the witness

Answer

Any prior felony conviction on the witness's record

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:

Accepted Answer

Involved dishonesty or false statement, regardless of the potential punishment

Answer

Was committed within the past five years of the current proceeding

Answer

Resulted in actual incarceration of the witness

Answer

Was prosecuted in a court of record

Question 7

Under TRE 615, when the court orders witnesses excluded from the courtroom, which of the following may NOT be excluded?

Accepted Answer

A party who is a natural person or a designated representative of an entity party

Answer

An expert witness retained by either party to the litigation

Answer

A witness whose testimony is not yet scheduled to be heard

Answer

A witness listed on the opposing party's witness list