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

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:

Accepted Answer

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

Answer

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:

Accepted Answer

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

Answer

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:

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

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:

Accepted Answer

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

Answer

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.

TN Bar - Tennessee Bar Exam Practice Test

TN Bar - Tennessee Bar Exam Practice Test

TN Bar Tennessee Evidence Law 2