TN Bar Tennessee Evidence Law 2

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:

Accepted Answer

The truth of the matter asserted in the statement

Answer

Any fact that is disputed by the opposing party

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A fact that the declarant personally observed

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The declarant's state of mind at the time of trial

Question 2

Under TRE 801(d)(2), a statement made by a party-opponent is classified as:

Accepted Answer

Not hearsay, and is admissible when offered against the party who made it

Answer

Hearsay but admissible under a firmly rooted exception

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Admissible only if the party is unavailable to testify at trial

Answer

Inadmissible unless it was made under oath at a prior proceeding

Question 3

The excited utterance exception under TRE 803(2) requires that the statement:

Accepted Answer

Relate to a startling event and be made while the declarant was still under the stress of excitement caused by it

Answer

Be made immediately at the scene of the event before speaking to anyone else

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Be corroborated by at least one eyewitness to the startling event

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Be a spontaneous verbal reaction without any questioning by another person

Question 4

Under TRE 803(6), a business record is admissible as a hearsay exception if it was made:

Accepted Answer

At or near the time of the event by someone with knowledge, in the regular course of a regularly conducted business activity

Answer

By a supervisor or manager with authority over the matter recorded

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Specifically for purposes of internal quality control and audit

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At any time as long as it is certified by the custodian of records

Question 5

Under TRE 804(b)(1), former testimony is admissible as a hearsay exception when the declarant is unavailable AND:

Accepted Answer

The party against whom it is offered had an opportunity and similar motive to develop the testimony by examination

Answer

A complete transcript of the prior testimony is available and authenticated

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The prior testimony was given at a proceeding in the same court

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The party against whom it is offered was present at the prior proceeding

Question 6

Under TRE 804(b)(2), a dying declaration is admissible in Tennessee in which proceedings?

Accepted Answer

Homicide prosecutions and civil actions where the declarant believed death was imminent

Answer

Any criminal prosecution regardless of the charge, when death results

Answer

Only first-degree murder trials where the declarant actually died

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Any proceeding where the declarant is unavailable for any reason

Question 7

Under TRE 803(4), statements made for purposes of medical diagnosis or treatment are admissible as a hearsay exception because:

Accepted Answer

The declarant has a strong motive to be truthful when seeking medical care, making the statements reliable

Answer

Medical providers are considered neutral experts whose records are inherently trustworthy

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The statements are not hearsay because they are made to professionals rather than lay witnesses

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Medical confidentiality laws independently guarantee the reliability of such statements