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

The attorney-client privilege protects confidential communications between attorney and client made for the purpose of legal advice; the presence of unnecessary third parties or a non-legal purpose destroys the privilege.

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

TRE 702 requires that the expert be qualified by knowledge, skill, experience, training, or education — a broad standard that does not mandate formal credentials in every case.

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

Following McDaniel v. CSX Transportation, Tennessee courts apply the Daubert reliability standard, requiring sufficient facts, a reliable method, and reliable application of that method to the case facts.

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

TRE 901(a) sets a minimal threshold: authentication is met by evidence sufficient to support a finding that the item is what the proponent claims, which can be accomplished through numerous methods listed in TRE 901(b).

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

TRE 1002 requires the original only when a party seeks to prove the contents of a writing, recording, or photograph; testimony about matters independent of the document's contents does not trigger this rule.

TN Bar - Tennessee Bar Exam Practice Test

TN Bar - Tennessee Bar Exam Practice Test

TN Bar Tennessee Evidence Law 3