TN Bar Tennessee Evidence Law 3

Question 1

Under Tennessee's attorney-client privilege (TRE 501), which communications are protected?

Accepted Answer

Confidential communications between attorney and client made for the purpose of obtaining or providing legal advice

Answer

All oral and written communications between an attorney and any third party during litigation

Answer

Any document in the attorney's file regardless of who created it or why

Answer

Communications made in the presence of opposing counsel during settlement discussions

Question 2

Under TRE 702, a witness may testify as an expert if their scientific, technical, or specialized knowledge will help the trier of fact AND:

Accepted Answer

The witness is qualified by knowledge, skill, experience, training, or education

Answer

The witness holds a professional license in the relevant field

Answer

The witness's methodology is accepted by a majority of experts in the field

Answer

The witness has previously testified as an expert in Tennessee courts

Question 3

Under the McDaniel standard (adopting Daubert in Tennessee), a trial court acting as 'gatekeeper' for expert testimony must find that the testimony is:

Accepted Answer

Based on sufficient facts or data, a reliable methodology, and that the methodology was reliably applied to the facts

Answer

Accepted by the relevant scientific community under the Frye general acceptance test

Answer

Supported by at least three peer-reviewed studies published in recognized journals

Answer

Consistent with prior expert testimony admitted in Tennessee courts on the same subject

Question 4

Under TRE 901, the requirement of authentication or identification is satisfied by:

Accepted Answer

Evidence sufficient to support a finding that the matter in question is what its proponent claims it to be

Answer

A notarized affidavit from the document's creator attesting to its authenticity

Answer

Testimony from at least two witnesses who can verify the item's origin

Answer

A certified chain-of-custody form completed by law enforcement personnel

Question 5

The Original Document Rule under TRE 1002 requires production of the original writing, recording, or photograph when:

Accepted Answer

A party seeks to prove the contents of the writing, recording, or photograph

Answer

Any document is offered into evidence at trial regardless of what it is being used to prove

Answer

The opposing party objects to the admission of a copy or duplicate

Answer

The document is more than ten years old and its authenticity is disputed

Question 6

Under TRE 407, evidence of subsequent remedial measures taken after an injury or harm is inadmissible to prove negligence. However, such evidence may be admitted to prove:

Accepted Answer

Ownership, control, or the feasibility of precautionary measures if those issues are controverted

Answer

The amount of damages the plaintiff suffered as a result of the defendant's conduct

Answer

That the defendant had prior knowledge of the dangerous condition

Answer

The standard of care applicable in the relevant industry or profession

Question 7

Under TRE 411, evidence that a person was or was not insured against liability is inadmissible to prove negligence, but may be admitted to prove:

Accepted Answer

Agency, ownership, control, or the bias or interest of a witness

Answer

The defendant's ability to satisfy a potential judgment against them

Answer

That the defendant was professionally required to carry insurance

Answer

The reasonable cost of insurance as a component of damages