TN Bar Tennessee Evidence Law 1

Question 1

Under the Tennessee Rules of Evidence (TRE 401), evidence is relevant if it has what tendency?

Accepted Answer

Makes a fact of consequence more or less probable than without the evidence

Answer

TRE 401 sets a low threshold: evidence is relevant if it has any tendency to make a fact of consequence more or less probable than it would be without the evidence.

Question 2

Under TRE 403, relevant evidence may be excluded if its probative value is substantially outweighed by the danger of:

Accepted Answer

Unfair prejudice, confusion of the issues, or misleading the jury

Answer

TRE 403 permits exclusion when the probative value is substantially outweighed by unfair prejudice, confusion of the issues, misleading the jury, undue delay, waste of time, or needless presentation of cumulative evidence.

Question 3

Under TRE 404(a), evidence of a person's character trait is generally:

Accepted Answer

Inadmissible to prove the person acted in conformity with that trait on a particular occasion

Answer

TRE 404(a) establishes that character evidence is generally inadmissible to prove conduct in conformity therewith, with specific enumerated exceptions for criminal defendants, victims, and witnesses.

Question 4

Under TRE 404(b), evidence of other crimes, wrongs, or acts may be admissible to prove which of the following?

Accepted Answer

Motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake

Answer

TRE 404(b) prohibits other-acts evidence to prove propensity but permits it for non-character purposes such as motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.

Question 5

Under TRE 608, a witness's character for truthfulness may be attacked by:

Accepted Answer

Opinion or reputation testimony about the witness's character for untruthfulness

Answer

TRE 608(a) allows credibility attacks through opinion or reputation evidence specifically concerning the witness's character for untruthfulness, not general bad character.

TN Bar - Tennessee Bar Exam Practice Test

TN Bar - Tennessee Bar Exam Practice Test

TN Bar Tennessee Evidence Law 1