TN Bar Tennessee Evidence Law 2 — Questions and Answers
Question 1: Under TRE 801(c), hearsay is defined as a statement, other than one made by the declarant while testifying at trial, offered to prove:
- The truth of the matter asserted in the statement (Correct answer)
- Any fact that is disputed by the opposing party
- A fact that the declarant personally observed
- The declarant's state of mind at the time of trial
Correct answer: The truth of the matter asserted in the statement
TRE 801(c) defines hearsay as an out-of-court statement offered to prove the truth of the matter asserted; if offered for another purpose (e.g., effect on listener), it is not hearsay.
Question 2: Under TRE 801(d)(2), a statement made by a party-opponent is classified as:
- Not hearsay, and is admissible when offered against the party who made it (Correct answer)
- Hearsay but admissible under a firmly rooted exception
- Admissible only if the party is unavailable to testify at trial
- Inadmissible unless it was made under oath at a prior proceeding
Correct answer: Not hearsay, and is admissible when offered against the party who made it
TRE 801(d)(2) classifies admissions by a party-opponent as 'not hearsay,' making them admissible when offered against the party, regardless of whether the party is available to testify.
Question 3: The excited utterance exception under TRE 803(2) requires that the statement:
- Relate to a startling event and be made while the declarant was still under the stress of excitement caused by it (Correct answer)
- Be made immediately at the scene of the event before speaking to anyone else
- Be corroborated by at least one eyewitness to the startling event
- Be a spontaneous verbal reaction without any questioning by another person
Correct answer: Relate to a startling event and be made while the declarant was still under the stress of excitement caused by it
TRE 803(2) requires that the statement relate to a startling event and that it be made while the declarant was under the stress of excitement caused by that event; there is no strict immediacy requirement.
Question 4: Under TRE 803(6), a business record is admissible as a hearsay exception if it was made:
- At or near the time of the event by someone with knowledge, in the regular course of a regularly conducted business activity (Correct answer)
- By a supervisor or manager with authority over the matter recorded
- Specifically for purposes of internal quality control and audit
- At any time as long as it is certified by the custodian of records
Correct answer: At or near the time of the event by someone with knowledge, in the regular course of a regularly conducted business activity
TRE 803(6) requires that the record be made at or near the time of the event by a person with knowledge, kept in the course of a regularly conducted business activity, and that it was the regular practice to make such records.
Question 5: Under TRE 804(b)(1), former testimony is admissible as a hearsay exception when the declarant is unavailable AND:
- The party against whom it is offered had an opportunity and similar motive to develop the testimony by examination (Correct answer)
- A complete transcript of the prior testimony is available and authenticated
- The prior testimony was given at a proceeding in the same court
- The party against whom it is offered was present at the prior proceeding
Correct answer: The party against whom it is offered had an opportunity and similar motive to develop the testimony by examination
TRE 804(b)(1) requires unavailability plus that the party against whom the testimony is now offered had an opportunity and similar motive to examine the witness at the prior proceeding.
Question 6: Under TRE 804(b)(2), a dying declaration is admissible in Tennessee in which proceedings?
- Homicide prosecutions and civil actions where the declarant believed death was imminent (Correct answer)
- Any criminal prosecution regardless of the charge, when death results
- Only first-degree murder trials where the declarant actually died
- Any proceeding where the declarant is unavailable for any reason
Correct answer: Homicide prosecutions and civil actions where the declarant believed death was imminent
TRE 804(b)(2) allows dying declarations in homicide prosecutions and civil actions, provided the declarant believed death was imminent when making the statement about its cause or circumstances.
Question 7: Under TRE 803(4), statements made for purposes of medical diagnosis or treatment are admissible as a hearsay exception because:
- The declarant has a strong motive to be truthful when seeking medical care, making the statements reliable (Correct answer)
- Medical providers are considered neutral experts whose records are inherently trustworthy
- The statements are not hearsay because they are made to professionals rather than lay witnesses
- Medical confidentiality laws independently guarantee the reliability of such statements
Correct answer: The declarant has a strong motive to be truthful when seeking medical care, making the statements reliable
TRE 803(4) is premised on the rationale that a person seeking medical treatment has a strong self-interested motivation to be truthful, providing the necessary reliability for the hearsay exception.
TN Bar Tennessee Evidence Law 2
Under TRE 801(c), hearsay is defined as a statement, other than one made by the declarant while testifying at trial, offered to prove: