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TN RULES of Evidence Multiple Choice

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Rules 701 – 706 (Opinion Testimony by Lay Witness and Opinion Testimony by Experts, Ultimate Issue, Disclosure of Facts and Underlying Data, Court Appointed Experts) 20-1. Opinion and testimony by lay witness is admissible if: a. The opinion or inference does not require a special knowledge, skill, experience or training; the witness cannot otherwise adequately tell what he or she has seen or heard and the opinion will not prejudice the objecting party by being misleading to the trier of fact b. The opinion or inference does not require a special knowledge, skill, experience or training c. The opinion will not prejudice the objecting party by being misleading to the trier of fact d. Both b and c 20-2. In recent years the lay opinion rule has been relaxed considerably because: a. There is difficulty in a witness testifying fully and accurately without blurring the concepts of fact and opinion b. The education and intelligence level of witnesses has greatly improved since World War II primarily because of the computer c. Attorneys have learned to spend more time coaching witnesses with regard to lay testimony prior to trial d. All of the above 20-3. According to TRE 701 as amended July 1, 1996, lay witness’s testimony in the form of opinions or inferences is limited to opinions or inferences which are: a. Rationally based on the perception of the witness b. Helpful to a clear understanding of the witness’s testimony or the determination of a fact in issue c. Necessary because the witness cannot otherwise adequately tell what he or she has seen or heard d. Only a and b 20-4. Following the 1996 amendment to TRE 701, the Tennessee Rule:
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Page 1: TN RULES of Evidence Multiple Choice

Rules 701 – 706 (Opinion Testimony by Lay Witness and Opinion Testimony by Experts, Ultimate Issue, Disclosure of Facts and Underlying Data, Court Appointed Experts)

20-1. Opinion and testimony by lay witness is admissible if:

a. The opinion or inference does not require a special knowledge, skill, experience or training; the witness cannot otherwise adequately tell what he or she has seen or heard and the opinion will not prejudice the objecting party by being misleading to the trier of fact

b. The opinion or inference does not require a special knowledge, skill, experience or training

c. The opinion will not prejudice the objecting party by being misleading to the trier of factd. Both b and c

20-2. In recent years the lay opinion rule has been relaxed considerably because:

a. There is difficulty in a witness testifying fully and accurately without blurring the concepts of fact and opinion

b. The education and intelligence level of witnesses has greatly improved since World War II primarily because of the computer

c. Attorneys have learned to spend more time coaching witnesses with regard to lay testimony prior to trial

d. All of the above

20-3. According to TRE 701 as amended July 1, 1996, lay witness’s testimony in the form of opinions or inferences is limited to opinions or inferences which are:

a. Rationally based on the perception of the witnessb. Helpful to a clear understanding of the witness’s testimony or the determination of a

fact in issuec. Necessary because the witness cannot otherwise adequately tell what he or she has

seen or heardd. Only a and b

20-4. Following the 1996 amendment to TRE 701, the Tennessee Rule:

a. Is the same as the Federal rule regarding lay testimony concerning opinion or inferenceb. Is more restrictive than the Federal rule regarding lay witness testimony concerning lay

witness opinion and inference testimonyc. Is more expansive than the Federal rule by permitting a witness to testify about the

value of the witness’s own property or servicesd. a and c

Page 2: TN RULES of Evidence Multiple Choice

20-5. In order to testify about a person’s mental condition or sanity, a lay witness:

a. Need only have had a brief opportunity to observe someoneb. May need more than a brief opportunity to observe someonec. Must have had sufficient knowledge on which to express a reliable opinion d. Must be based on an evaluation of the person’s usual activities and personal

interactions

20-6. A lay opinion as to insanity:

a. Requires a factual foundation b. Does not require a factual foundationc. Requires knowledge of reputation in the communityd. Is limited to the rules regarding character witnesses

20-7. The foundation necessary to permit a lay witness to opine as to a person’s soundness of mind should include:

a. Details regarding reputation in the communityb. Details of conversations, appearances, conduct or other particular facts   based on

personal knowledge.   c. Details concerning whether the party is licensed to drive an automobile, licensed to sell

real estate or insurance or licensed to conduct marital counseling or case mediationd. All of the above

20-8. In order for lay testimony to be admissible regarding physical condition, the witness must be:

a. Able to testify without relying upon medical expertiseb. Able to testify on matters that the ordinary individual is capable of evaluatingc. Unable to testify without expressing an opiniond. a and b

20-9. A lay witness may testify with proper foundation:

a. That a person was drunk or insaneb. That a substance appeared to be bloodc. About an obvious cause of deathd. All of the above

20-10. If an extensive factual foundation is laid, lay opinion testimony regarding the value of real or personal property is admissible:

a. By the owner b. By a lesseec. By a baileed. All of the above

Page 3: TN RULES of Evidence Multiple Choice

20-11. Expert witnesses usually are:

a. The fact witness, such as the treating physician who observed the plaintiff’s injuryb. The fact witness who also has opinion testimony, such as the treating physician who

projects necessary future treatment and permanent disabilityc. The expert who has no personal knowledge of the facts but has an opinion regarding the

technical aspect of the issued. All of the above

20-12. The threshold question for determining whether the opinion testimony of an expert witness is admissible is whether the testimony:

a. Will substantially assist the trier of fact to understand the evidenceb. Will substantially assist the trier of fact to determine a fact in issuec. Will substantially assist the trier of fact to evaluate the character of a partyd. a and b

20-13. The word “substantially” in TRE 702 demonstrates an intent to implement:

a. A more lenient standard than is contained in the Federal ruleb. A more stringent standard than is contained in the Federal rule c. The same standard that is contained in the Federal ruled. A different standard than is contained in the Federal rule

20-14. TRE 702 permits expert testimony if:

a. The testimony substantially assists the trier of fact to understand the evidence or determine a fact in issue

b. The subject calls for “scientific, technical or other specialized knowledge”c. The testimony can be of limited assistance to the trier of fact on a very important issued. Both a and b

20-15. Legislators and other people involved with the enactment of legislation:

a. Are by statute qualified to testify about the intent of a statuteb. May not testify about the legislature’s intent in passing the laws sometime in the

pastc. May construe a law previously enacted if they have expertise and experience with a

piece of legislationd. May testify about oral or written statements that are part of the legislative history of a

law

Page 4: TN RULES of Evidence Multiple Choice

20-16. Regarding qualifications to be an expert witness, which of the following statements is true:

a. A person may be qualified as an expert witness because of more training or experience than the average person

b. The expert witness must have such superior skill, experience, training, education or knowledge within the particular area that his or her degree of expertise is beyond the scope of common knowledge and experience of the average person

c. To be an expert the witness must be well-known and have published a treatise on the subject of the testimony

d. The expert witness, if a medical doctor, must be board certified

20-17. The expert witness:

a. Need not be from the immediate physical area where the testimony is offeredb. Is usually required to be from the immediate physical area where the testimony is

offeredc. Except in medical and legal malpractice cases, need not be from the immediate

physical area where the testimony is offeredd. Must have had sufficient experience in drinking alcoholic beverages in the local area to

be able to testify that a person was drunk

20-18. In determining whether a witness qualifies as an expert:

a. The court is given broad discretion b. The court is given narrow discretionc. The court must meet a specific standard set out by the rulesd. The court may not consider a stipulation by the parties

20-19. The form and method of interrogation of expert witnesses:

a. Is the same as for lay witnessesb. Is different than for lay witnesses c. Requires hypothecationd. Is determined by common law

20-20. In Tennessee an expert’s opinions:

a. Are conclusiveb. Are advisory in characterc. Should be given only such weight as the trier of fact deems appropriate in light of the

facts in evidenced. b and c

20-21. An expert’s testimony on a contested issue:

a. Must be absoluteb. Must be conclusivec. Must substantially assist the trier of fact d. Must leave no reasonable doubt about the issue with the trier of fact

Page 5: TN RULES of Evidence Multiple Choice

20-22. Pursuant to TRE 703, an expert may base his or her opinion:

a. On information from a number of sourcesb. On facts that would not be admissible in courtc. On facts of a type other similar experts reasonably rely upond. All of the above

20-23. An expert witness may base his or her testimony:

a. On facts or data perceived by the expert at or before the hearingb. On facts or data made known to the expert at or before the hearingc. On facts or data that are not admissible into evidence, but are reliabled. All of the above

20-24. If an expert bases an opinion on evidence that is not independently admissible, the trial judge should:

a. Prohibit the jury from hearing the foundation of the testimonyb. Deliver a cautionary instruction to the juryc. Give the other party time to secure a rebuttal expert witnessd. a and b

20-25. There are several limits on the type of data available to an expert, such as:

a. The data must be of a type reasonably relied upon by experts in the particular fieldb. The data cannot be from an untrustworthy sourcec. Data can be excluded by Rule 403d. All of the above

20-26. If opinion or inference testimony embraces the ultimate issue of the lawsuit, it is not inadmissible if rendered by:

a. An expert witnessb. A lay witnessc. A lay or expert witness with some limitations d. A lay or expert witness

20-27. TCA 39-11-501:

a. Permits expert testimony as to whether a defendant was or was not insane in a criminal case

b. Precludes expert testimony as to whether a defendant was or was not insane in a criminal case

c. Precludes expert testimony regarding observations, test results and diagnoses regarding criminal defendants

d. Precludes lay testimony unless based on a proper foundation

Page 6: TN RULES of Evidence Multiple Choice

20-28. TRE 705, based on FRE 705:

a. Bars hypothetical questions of expertsb. Does not require hypothetical questions of expertsc. Permits an expert opinion or inference on direct examination without disclosing the

facts underlying the opinion or inferenced. b and c

20-29. Possibly the best option to present expert opinion testimony is to:

a. Use the hypothetical question approachb. Have the expert on direct examination state the information upon which the

conclusion is basedc. Have the expert give the conclusion without giving the underlying data on direct

examinationd. Use a learned treatise instead of an expert

20-30. Disclosure of independently inadmissible evidence relied upon in expert opinion:

a. Is not required by TRE 705b. Is required by TRE 705c. Works in conjunction with the provisions of TRE 703d. a and c

20-31. TRE 706 clearly rejects the Federal approach and:

a. Permits unlimited discretion to appoint experts to testify as the court’s witnessb. Places severe limits on a Tennessee trial judge’s capacity to appoint an expert to testify

as the court’s witnessc. Restricts the judge’s capacity to select a court-appointed witness not approved by the

partiesd. b and c

20-32. TRE 706 has restricted court-appointed experts because:

a. The use of a court-appointed expert removes an element of control from the lawyersb. Alters the traditional role of the American judge as a neutral referee and substitutes the

role of the judge as investigatorc. The judge’s expert will be given more credence by the trier of fact than the party’s

expertd. All of the above

20-33. In a non-jury trial, the court should appoint an expert witness only:

a. When the court is dissatisfied with the proof presented by the party b. When the expert’s fees will be substantial in proportion to the amount at issuec. When the proof does not otherwise adequately support the conclusion desired by the

courtd. a and b

Page 7: TN RULES of Evidence Multiple Choice

20-34. According to TRE 706 the process of appointing an expert by the court should be by:

a. Issuance of a fiatb. Issuance of a show cause order c. Issuance of a mitimusd. Oral proclamation in open court

20-35. The trial judge being responsible for selecting its court-appointed experts:

a. Should delay in advising counsel of the appointment prior to trialb. Should permit counsel to participate in the expert selection in most situations c. Must appoint an expert agreed to by the partiesd. Should not rely upon its own knowledge of the personal characteristics and qualities of

the expert

20-36. Prior to testifying at trial, the court-appointed expert:

a. Must advise only the court of the witness’s findingsb. Must withhold from the court the witness’s findingsc. Must not give interviews about findings to the mediad. Must advise the parties of the witness’s findings

20-37. If a court-appointed expert’s opinion is to be used in the hearing:

a. The expert must give testimony under oath b. The expert must submit to a lie detector test if requested by either partyc. The expert’s report may be admitted by affidavitd. The written report submitted to the parties prior to trial is admissible by either party

20-38. Unlike FRE 706, TRE 706:

a. Prevents the jury from giving too much weight to the expert’s testimony by associating the expert with the judge

b. Gives the court the discretion to inform the jury that the expert witness was appointed by the court

c. Permits the court to advise the jury that the expert was appointed by the court on condition that it is done during a jury charge that the jury not give such testimony extra weight

d. Gives the court the discretion to appoint additional expert witnesses and select the one to be used

Page 8: TN RULES of Evidence Multiple Choice

Rule 801 – Introduction to Hearsay

21-1. In the Anglo American legal system, hearsay evidence has traditionally been excluded because:

a. Of the rule developed from old Roman lawb. It would complicate and lengthen testimonyc. It is unreliabled. Modern communication permits the deposition of essentially any witness

21-2. By definition, hearsay involves an out-of-court statement used in court to prove the truth of the in the out-of-court statement:

a. Claim assertedb. Allegation assertedc. Accusation assertedd. Matter asserted

21-3. The primary concern is that the trier of fact will not be able to:

a. View the demeanor of the declarantb. Hear cross examination of the declarantc. Subject the declarant to an oathd. Judge the declarant’s credibility

21-4. Hearsay evidence may suffer from four inadequacies which concern:

a. Sincerity, ambiguity, memory and perceptionb. Sincerity, ambiguity, memory and characterc. Ambiguity, memory, perception and character

d. Character, memory, sincerity and perception 21-5. A hearsay exception often exists when one or more of the four hearsay risks:

a. Is waived by counselb. Is nonexistent or minimalc. Is resolved by affidavitd. Becomes stale

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21-6. Hearsay may be admissible:

a. Possibly even if only one risk is satisfied b. If two risks are satisfied

c. If three of the more important risks are satisfiedd. Only if all four risks are satisfied

21-7. An important reason that hearsay is frequently admitted is that the evidence is needed:

a. To provide the trier of fact with critical informationb. To keep the trial moving at a reasonable pacec. To hold down costsd. To keep counsel from constantly objecting

21-8. Hearsay involves an out-of-court statement by:

a. Anyoneb. A declarantc. A witnessd. A minor

21-9. A statement is defined as:

a. Anything said outside of the courtroomb. An assertion which is an intentional communicationc. A verbal communication made outside of the courtroomd. A written communication made outside of the courtroom

21-10. A statement is defined as an assertion which is:

a. A casual observationb. A questionc. An intentional communicationd. A directive

21-11. The key concept is that to be hearsay the statement must have been made:

a. For the purpose of influencing the outcome of the trialb. For the purpose of influencing the listenerc. For the purpose of communicating informationd. All of the above

Page 10: TN RULES of Evidence Multiple Choice

21-12. A hearsay statement can be:

a. Oralb. Writtenc. Nonverbald. All of the above

21-13. A nonverbal statement may occur if a person:

a. Makes a gestureb. Makes a signc. Maintains silenced. All of the above

21-14 A declarant is a person who:

a. Makes a statementb. Asks a questionc. Performs nonverbal conduct intended as an assertiond. a & c

21-15. A witness:

a. May be the same person as the declarantb. May be a different person than the declarantc. Is the person who is in court and relates the declarant’s statement to the trier of

factd. All of the above

21-16. If the hearsay is written and the writing is introduced into evidence:

a. A jury instruction will correct the errorb. The writing itself serves as the witnessc. It must be notarizedd. b & c

21-17. In a hearsay situation, the witness may be:

a. A writingb. A video or audio tapec. A person testifyingd. All of the above

Page 11: TN RULES of Evidence Multiple Choice

21-18. An out-of-court statement means that the declarant’s statement was made:

a. While the witness was testifying in the caseb. At some time other than while the witness was testifying in the casec. While testifying in court or in a deposition or in another case d. b & c

21-19. Hearsay is present only if the statement is to be used to prove the truth of the matter asserted in the statement because only then:

a. Is the information neededb. Is the declarant’s credibility at issuec. Is there a question about what had taken placed. Is the declarant’s character at issue

21-20. In order to determine when a declarant’s credibility is at issue, two factors must be known:

a. What is the matter asserted and when was it assertedb. What is the matter asserted and what is the evidence used to provec. What is the matter verbally asserted and what is the evidence used to proved. What is the matter nonverbally asserted and what is the evidence used to prove

21-21. The matter asserted includes:

a. Matters directly expressedb. Matters necessarily impliedc. A question which includes a necessary implicationd. All of the above

21-22. The burden of establishing that evidence is hearsay means that the objecting party:

a. Must establish that the testimony is questionableb. Must show that the testimony might confuse or mislead the trier of factc. Must demonstrate that the evidence involves an intentional communicationd. Must evince that the information involved is not important to the case

21-23. If the declarant’s credibility is irrelevant because it does not matter whether declarant is telling the truth:

a. The dangers of hearsay are not presentb. The statement is not viewed as hearsayc. Declarant’s statement is objectionabled. a & b

Page 12: TN RULES of Evidence Multiple Choice

21-24. A statement offered to prove its falsity:

a. Is not hearsayb. Is a hearsay exceptionc. Has no probative valued. Is not material

21-25. Which of the following does not constitute hearsay?

a. An unintentional communicationb. Verbal actsc. Operative factsd. All of the above

21-26. An out-of-court declaration is not hearsay if:

a. It was offered to prove the effect on the hearer or readerb. It was offered to prove the matter assertedc. It was a question even if it included a necessary implicationd. None of the above

21-27. A declaration offered to prove the speaker’s or writer’s mental state:

a. Is hearsay under TRE 801 if the declaration expressly states the declarant’s mental state

b. Is allowed under the mental state hearsay exceptionc. Is nonhearsay if offered for the underlying implied assertiond. All of the above

21-28. Which of the following statements are nonhearsay?

a. A prior inconsistent statement introduced to impeach the witnessb. A prior consistent statement introduced to rehabilitate the witnessc. Orders and instructionsd. All of the above

21-29. The fact that the party was present when the declarant made the statement:

a. Means the statement is not hearsayb. Means the witness may be asked what was done as a result of hearing the

statementc. Is of no consequence unless a tacit admissiond. None of the above

Page 13: TN RULES of Evidence Multiple Choice

Rule 802 (Hearsay Rule), Rule 803 (Hearsay Exeptions), Rule 803(1.1) – Prior Statement of Identification by witness, Rule 803 (1.2), Rule 803(2) – Utterance

22-1. Hearsay is not admissible except as provided by:

a. TRE and local rulesb. Statutesc. TRE or otherwise by lawd. All of the above

22-2. Hearsay can be used:

a. To establish probable cause for an arrest warrantb. To furnish the basis for issuance of a search warrantc. In any will or child abuse actiond. Both a and b

22-3. The prosecution can use hearsay documents of ownership and hearsay expert witness reports:

a. At trialb. On appeal onlyc. To secure restraining ordersd. At a preliminary examination

22-4. The judge at a detention hearing in a delinquent or unruly juvenile case or at a preliminary hearing in dependent and neglected or in abused child cases may consider:

a. Any hearsayb. Reliable hearsayc. Hearsay by parentsd. None of the above

22-5. Tennessee Advisory Commission hearings:

a. Are required to observe TREb. Are beyond the reach of the Tennessee Rules of Evidencec. May opt to use all or part of the rules of evidenced. Both b and c

Page 14: TN RULES of Evidence Multiple Choice

22-6. The Criminal Sentencing Reform Act admits:

a. Reliable hearsayb. Certified copies of documents and certified records of convictionc. Probative hearsay with opportunity to rebut if first degree murderd. All of the above

22-7. Pursuant to intercounty support actions, a petition for family support:a. Is admissible to prove the fact it allegesb. Creates a presumption of the fact allegedc. Creates an exception to the hearsay rule for allegations in the petitiond. Both a and c

22-8. Some statutory exceptions to the hearsay rule raise constitutional issues in cases concerning:

a. Criminal and child abuse casesb. Criminal and wills casesc. Criminal and conservatorship hearingsd. None of the above

22-9. Hearsay exceptions listed in Rule(s) are only applicable if the declarant is “unavailable.”

a. TRE 803b. TRE 803 and 804c. TRE 804d. TRE 804(a) only

22-10. Of the 20 hearsay exceptions in Rule 803, 17 of these are available:

a. Only if the declarant is available to testifyb. Irrespective of the declarant’s availability to testifyc. Even if the declarant is available and willing to testifyd. b and c

22-11. The two hearsay exceptions in Rule 803 which may be used only if the declarant testifies at the hearing are:

a. Prior identification and certain child abuse and related casesb. Recorded recollection and certain child abuse and related casesc. Prior identification and recorded recollection d. Prior identification and party admissions

Page 15: TN RULES of Evidence Multiple Choice

22-12. The prior identification exception refers to:

a. Criminal cases where the victim views a sketch, or photographic display and identifies the defendant as the one who committed the crime

b. Criminal cases where the victim views a lineup or attends a hearing and identifies the defendant as the one who committed the crime

c. Hit and run cases where the victim views a glimpse of the driver and identifies the defendant as the one who left the scene

d. a and b

22-13. Prior identification testimony:

a. Is not substantive evidence but may be used to bolster the credibility of the in-court identification

b. Is substantive evidence which may be used to bolster the credibility of the in- court identification

c. May be admissible only if the witness’s credibility has been attackedd. May not be used if the identification was not made under oath

22-14. Prior identification witnesses:

a. Must testify at trial and must be available for cross-examination b. Must testify at trial and cross-examination must take placec. Must only be available to testify at trial and for cross-examinationd. Must be available for cross-examination upon motion by defendant

22-15. While the advantage of prior identification testimony is that the ID was made earlier and may be more accurate than in-court testimony, its primary weakness is:

a. There was no cross-examination at the prior identification b. The witness may have been suffering shock at the prior identificationc. The witness may have been influenced by the investigating officersd. a and c

22-16. There is a need for the prior identification hearsay exception because:

a. A witness may not be able to identify the accused in the courtroomb. The witness may pretend to not be able to identify the accused in the courtroomc. The witness may not be available at the time of the triald. a and b

22-17. The hearsay exception for prior identification contains the following element(s):

a. Identification of a personb. Identification of a person made only after perceiving the personc. Declarant must testify at the trial and be subject to cross-examinationd. b and c

Page 16: TN RULES of Evidence Multiple Choice

22-18. A prior consistent statement may be used:

a. To enhance credibility of a weak witnessb. To rehabilitate a witness who testified incorrectlyc. To rehabilitate a witness attacked through impeachment for fabrication of trial

testimonyd. To impeach a hostile witness

22-19. A prior consistent statement:

a. Is hearsayb. Is not substantive evidencec. Is a hearsay exceptiond. All of the above

22-20. The six varieties of a hearsay exception for admission of a party opponent are:

a. The party’s own statement, the party’s adoption of a statement and a statement by a person authorized by the party to make a statement

b. A statement by an agent or servant, a co-conspirator or a person in privity of estate with the party

c. The party’s own statement, a statement by an agent or servant and a statement made by a spouse

d. a and b

22-21. The six varieties of admissions of a party opponent share the following common features:

a. A statement by one party introduced by another party and used against the first partyb. A statement by one party (or someone else’s statement Rule 803(1.2) permits to

be viewed at that party’s statement) introduced by another party and used against the first party

c. Applicable only in civil casesd. Applicable only in criminal cases

22-22. Rule 803(1.2)(A) provides that:

a. Any assertion that a party spoke may be used against that party as an admissionb. Any assertion that a party wrote may be used against that party as an admissionc. Any assertion that a party did may be used against that party as an admissiond. All of the above

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22-23. Although the Tennessee hearsay exception concerning a party’s own statement differs conceptually from the Federal rule, it:

a. Is simple and absoluteb. Has many particular applicationsc. Is complex and easily misunderstoodd. A and B

22-24. For a statement made in a representative capacity:

a. The representative must be acting in a representative capacity at the time the statement is made

b. It is not necessary that the representative be acting in a representative capacity when the statement was made

c. It is not necessary that the representative be acting in a representative capacity when the statement was made, as long as the statement was pertinent to that capacity

d. It is not necessary that the representative be acting in a representative capacity if the statement was made within ten working days of the event which is the subject of the statement

22-25. An adoptive admission occurs:

a. When the party has manifested an adoption or belief in its truth b. When a statement of truthfulness was made in jestc. When a statement of truthfulness was made in order to deceive a third persond. Even though the party expressly disavows or disagrees with the statement

22-26. An adoptive admission:

a. May be implied by action takenb. May be an express statement of the partyc. May be by silence or implicationd. All of the above

22-27. A statement by a person authorized by the party to make a statement concerning the subject is best referred to as:

a. An authorized admission b. An authorized statementc. A mistaked. An authorized declaration

Page 18: TN RULES of Evidence Multiple Choice

22-28. To be an authorized admission, a party’s statement:

a. Requires proof of authority from a source other than the agent’s extrajudicial statement itself

b. Does not require that the agent’s statement be communicated to an outsiderc. a and b d. None of the above

22-29. A party’s agents’ or employees’ statements:

a. Are admissible against the party as an admission without exceptionb. Are admissible against the party as an admission subject to specific parameters c. Are not admissible against the party as an admissiond. Are not admissible against the party as an admission unless in writing

22-30. In order for agents’ and employees’ admissions to be admissible against the principal:

a. The subject matter must be within the scope of the agency or employmentb. The statement must be made during the existence of the agency or employment

relationshipc. It must have been against the declarant’s interest to make the statementd. All of the above

22-31. The courts will admit against a party:

a. A statement by a co-conspirator of a party made after the conclusion of the conspiracy

b. A statement by a co-conspirator of a party during the course of and in furtherance of the conspiracy

c. A statement of a party during the course of an conspiracy in an attempt to discontinue the conspiracy

d. All of the above

22-32. According to federal case law, the question of admissibility of a conspirator’s statement:

a. Is for the trial judge to decide if the elements are established by a preponderance of the evidence

b. Is for the jury to decide based upon the preponderance of the evidencec. Is for the judge to decide based upon beyond a reasonable doubtd. Is for the jury to decide based upon a reasonable doubt

Page 19: TN RULES of Evidence Multiple Choice

22-33. Admissions by persons in privity of estate with party means:

a. Ancestors in estate to the current owner b. A contractual relationshipc. The person is privy or has access to certain informationd. The subject is not limited to real or personal property

22-34. Under Tennessee Rules, as opposed to Federal Rules, sworn judicial admissions:

a. Are conclusive but may be rebuttedb. Are conclusive and may not be rebutted c. Are evidentiary but can be rebuttedd. Are evidentiary but cannot be rebutted

22-34.1 Under Tennessee Rules, as opposed to Federal Rules, non-sworn non-judicial admissions:

a. Are conclusive but may be rebuttedb. Are conclusive and may not be rebuttedc. Are evidentiary but can be rebutted d. Are evidentiary but cannot be rebutted

22-35. To be admissible as an evidentiary admission:

a. The statement must be made under oath at trialb. The statement may be made in sworn discovery answersc. The present exception covers interrogatory answers, deposition answers, earlier

testimony by a party in today’s triald. Any of the above

22-36. Answers to civil procedure Rule 36 request for admission:

a. Are conclusive admissions if the request is answeredb. Are conclusive admissions even if there is no answer to the requestc. Are evidentiary only if the request is not answeredd. a and b

Page 20: TN RULES of Evidence Multiple Choice

22-37. The admission of the genuineness of a document:

a. Is conclusive on the issue of whether the document is what it is purported to be and admits the document into evidence

b. Is conclusive on the issue of whether the document is what it is purported to be but does not admit the document into evidence

c. Is usable only in the lawsuit where requestedd. b and c

22-38. TRE 803(2) requires that for a statement to qualify as an excited utterance:

a. The statement must have been made within 24 hours of an exciting eventb. An utterance must have been made while the declarant was under stress caused

by an excited event or conditionc. The utterance must have been heard by a party not an agent or representatived. The statement must have been made in the presence of a third party

22-39. TRE 803(25) contains a limited exception for out-of-court declarations:

a. Of decedents in will contestsb. Of children in certain child sex abuse cases c. Of agents and representatives of persons making excited utterancesd. Of victims in capital murder cases

22-40. The out-of-court statement describing or explaining an event or condition while the declarant was perceiving the event or condition or immediately thereafter is known as:

a. The present sense impression exception which is recognized in Tennesseeb. The present sense impression exception which is recognized under the Federal rulesc. The present sense impression exception which is not recognized under the Tennessee

rulesd. b and c

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Rule 803(3), Rule 803 (4), Rule 803 (5), Rule 803 (6), and Rule 803(7)

23-1. TRE 803(3), an exception admitting declarations of existing mental state to prove present mental condition:

a. Requires that the declarant be unavailable to testifyb. Permits included assertions about a fact other than the mental statec. Might include assertions of fact other than the mental state to the extent it sheds

light on his state of mindd. Does not offer many opportunities for placing competent hearsay before the jury

23-2. TRE 803(3), the state of mind hearsay exception:

a. Specifically allows declarations of existing mental state to prove future or past mental state

b. Requires the application of the definition of relevance in Rule 403 to conclude that a declarant’s expression of his or her present mental state is admissible to prove that the declarant had the same mental state on a later date or at an earlier time

c. Requires the application of the definition of relevance in Rule 401 to conclude that a declarant’s expression of his or her present mental state is admissible to prove that the declarant had the same mental state on a later date or at an earlier time

d. Is substantially different that the Federal rule

23-3. TRE 803(3), the state of mind hearsay exception:

a. Cannot be used to prove consistent contemporaneous conductb. May be used together with relevance principles to prove consistent

contemporaneous or future conductc. May be used together with relevance principles to prove only consistent

contemporaneous conductd. May be used to prove that a third party acted in accordance with the declarant=s

mental state

23-4. Declarations of present mental state:

a. Generally are not admissible to prove anyone’s past conduct b. Are usually admissible as some proof of the declarant’s past conductc. Are generally admissible to prove a third party’s past conductd. Permits proof of conduct of a third party with a foundation that the declarant and third

party agreed in the past to do an act together

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23-5. TRE 803(3)’s state of mind hearsay exception:

a. Makes uncommunicated threats competent b. Stops short of making uncommunicated threats competentc. Makes uncommunicated threats competent if combined with some actd. Admits such uncommunicated threats only to prove apprehension of the hearer

23-6. TRE 803(3), state of mind hearsay exception:

a. Specifically states that a declarant’s state of mind may be used to prove present or future conduct

b. Does not permit statements of mental condition amounting to memory or belief to prove the declarant’s consistent past conduct

c. Contains a useful relaxation of the prohibition against proof of mental condition amounting to memory or belief in wills cases to prove past conduct

d. b and c

23-7. An admissible declaration of an existing physical condition under TRE 803(3) may include a statement given:

a. To declarant’s doctor in his office during a physical examinationb. In a serious conversation with the declarant’s spousec. In a casual gossip session among friendsd. All of the above

23-8. A statement made by a declarant that, “my leg hurts because a dog bit me,”:

a. Is admissible under TRE 803(3)b. Is partially admissible under TRE 803(3)c. Is fully admissible under TRE 803(4)d. b and c

23-9. TRE 803(4) provides a hearsay exception for statements made:

a. For purposes of medical diagnosisb. For purposes of medical treatmentc. For purposes of medical diagnosis and treatment d. None of the above

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23-10. Under TRE 803(4), statements for purposes of medical diagnosis and treatment qualify for admission as:

a. Medical history, including past or present symptoms, pain and sensationsb. Medical history, including the general character of the cause or external cause of the

symptomsc. Hearsay exceptions about the cause of the symptoms even if not pertinent to

diagnosis and treatmentd. a and b

23-11. Statements of causation made to a treating physician:

a. Are always admissible under TRE 804(4)b. Are admissible under TRE 803(4) only if pertinent to diagnosis and treatmentc. May include the identification of the perpetrator only in a child abuse cased. b & c

23-12. Hearsay statements excepted by Rule 803(4):

a. Are limited to statements made by the person whose health is described in the statement

b. Include statements about another person’s health c. Do not include statements made to non-physicians even if made for the purpose of

medical diagnosis and treatmentd. Include statements by health professionals to the patient

23-13. Hearsay statements excepted by Rule 803(3):

a. Are limited to declarations of present symptoms, pain or sensationb. Include declarations of present pain even if not made for medical diagnosis and

treatmentc. Include statements about the cause of a condition or about past medical historyd. a and b

23-14. If a patient’s statements are not covered by TRE 803(3) or TRE 803(4):

a. The expert witness may be permitted to repeat them under Rules 703 and 705 b. The expert witness may be permitted to repeat them to help the trier of fact evaluate

the expert’s testimonyc. The statements made by a declarant admissible under TRE 703 and 705 are not

substantive evidenced. All of the above

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23-15. Past recollection recorded involves:

a. A hearsay statement, a hearsay exception and a writing previously made or adopted by the witness

b. A non-hearsay, successfully restores the witness’s memory and the witness testifies from present memory

c. A hearsay statement, a hearsay exception and allows the witness to read the writing into evidence but the writing itself is not admissible

d. A record of regularly conducted activity

23-16. Present recollection refreshed:

a. Involves hearsay, a hearsay exception and allows the writing used to refresh the witness’s memory to be admitted

b. Involves hearsay, a hearsay exception but does not allow the writing used to refresh the witness’s memory to be admitted

c. Does not involve hearsay and a writing may be used to restore the witness’s memory but may not itself be admitted

d. Does not involve hearsay and the writing used to restore the witness’s memory may be admitted

23-17. The past recollection recorded hearsay exception may apply:

a. To a memorandum or recordb. To any documentc. To an oral statementd. a and b

23-18. The past recollection recorded exception can be successfully used:

a. Only if the witness experiences total lack of memoryb. Even if the witness remembers some of the events but cannot testify fully and

accuratelyc. Unless the document was recently made or adoptedd. b and c

23-19. Past recollection recorded may be used:

a. If the document was made or adopted while fresh in the witness’s memoryb. If the document accurately reflects witness’s knowledgec. To admit the contents of a document as substantive evidence, but not the document

itselfd. All of the above

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23-20. Accident reports:

a. Are a good example of a document used for past recollection recordedb. Are specifically excluded as evidence by statute c. Are admissible if the officer on the stand can satisfy the foundation requirementsd. May not be used to refresh present recollection

23-21. The term “business records” as dealt with in TRE 803(6) means:

a. Records of “for profit” endeavors whether incorporated or unincorporatedb. Non-profit activities if properly registered with the IRSc. Every kind of business institution, profit or non-profit d. Government and private activities if legal

23-22. The “business duty” requirement of 803(6):

a. Is quite explicitb. Is vague and difficult to applyc. Is infrequently applied by the courtsd. Produces a different result than the Federal Rule which does not contain a “business

duty” requirement

23-23. With multiple declarants, which is often the case with business records:

a. A business duty of any one declarant will result in admission of the record in its entirety

b. A business duty of all of the declarants is necessary for admission of the record in its entirety

c. A business duty of a majority of the declarants is necessary for admission of the record in its entirety

d. The “business duty” requirement is waived, of course, if the source of information is unknown

23-24. In order to have sufficient indicia of trustworthiness to qualify as a business record under Rule 803(6):

a. The record must have been made in the “regular practice” of that business activityb. The record must have been “kept in the course of a regularly conducted business

activity”c. The record may include an investigative accident report compiled by a business as a

routine matterd. All of the above, but not an extraordinary report prepared for an irregular

purpose such as litigation

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23-25. TRE Rule 803(6) mandates that to be admissible as regularly conducted activity:

a. A memorandum must have been made at or near the time of the event, act, condition, opinion or diagnosis contained in the record

b. A memorandum must have been made within 72 hours of the event, act, condition, opinion or diagnosis contained in the record

c. A memorandum must have been made within a reasonable time of the event, act, condition, opinion or diagnosis contained in the record

d. a and c

23-26. The trustworthiness caveat of TRE 803(6):

a. Prevents irresponsible use of “the facts” as truth in a business recordb. Focuses on the declarant who furnished the information and the preparation stagec. Leaves the trial judge with considerable discretion on this issue and objecting counsel

with a formidable burden of proofd. All of the above

23-27. TRE 803(6):

a. Includes records, reports and written statements b. Does not include computer print-outs as a “data compilation”c. Applies to written or unrecorded oral statementsd. a and c

23-28. TRE 803(6) exception permits a business record to:

a. Include acts, conditions, opinions or diagnosesb. Include acts, conditions, opinions or diagnoses other than the content of medical and

hospital recordsc. Include normal business transactions, such as sales or service callsd. a and c

23-29. When business records are used in court:

a. TRE 803(6) may be used in combination with other hearsay exceptions b. TRE 803(6) is exclusive and may not be combined with other hearsay exceptionsc. Other hearsay exceptions are limited to non-employee declarantsd. None of the above

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Rule 803 continued - - - Rule 803 (8) through Rule 803 (25)

24-1. The public records and reports exception to the hearsay rule requires records, reports, statements or data compilations in any form:

a. To set forth the activities of the office or agencyb. To set forth matters observed and reported pursuant to a legal dutyc. Both a or b d. Either a and b

24-2. Under TRE 803(8):

a. All public records are considered trustworthyb. Untrustworthy public records can be excludedc. Public records are not limited to only records open to the publicd. b and c

24-3. In situations where the business records exception and the public records exception are available:

a. The public records exception should be used because of its less detailed requirements

b. The business records exception should be used because the public records exception applies to only records open to the public

c. Both exceptions should be used because together a much greater foundation is allowed

d. Both exceptions should be used in case one fails

24-4. Matters observed pursuant to duty imposed by law:

a. Include the information in a report if it has come from a declarant observing and reporting pursuant to duty imposed by law

b. Include police reports in both civil and criminal casesc. Include certified copies of court convictionsd. a and c

24-5. The public records exception includes:

a. Public records containing information from sources outside the agencyb. Factual findings from official investigationsc. Even multiple hearsayd. None of the above

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24-6. Under the records of vital statistics exception the record from the public office is admissible to prove:

a. That a birth, marriage, divorce or death occurredb. All of the facts contained in the recordc. Only some of the information in the records because of untrustworthiness or by

statuted. a and c

24-7. The theoretical basis for the hearsay exception for marriage, baptismal and similar certificates are:

a. The religious origins and the timely completion by public officialsb. There may be no other source for the informationc. A certificate memorializing the event may be kept as a part of the family’s written

historyd. All of the above

24-8. For a certificate to be admissible under TRE 803(12):

a. It must be made by a member of the clergy, a public official or other person authorized by the rules or practices of a religious organization or by law to perform the act certified

b. It must purport to have been issued at the time of the act or within a reasonable time thereafter

c. It must be used to prove a marriage or other ceremony or a sacramentd. All of the above

24-9. The family records exception:

a. Strictly imposes a personal knowledge requirementb. Requires the application of TRE 602c. May be applied without personal knowledge of the source of the information d. Provides a hearsay exception for a very limited variety of fact statements contained in

family records

24-10. The most important aspect of the records of documents affecting an interest in property exception is:

a. Its limited scope b. As a vehicle for proving that all statements in property documents are truec. As conclusive proof of the relationship of the parties signing the documentd. All of the above

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24-11. TRE 803(14) permits the admission of a recorded deed, financing statement or other property instrument only to prove:

a. The contents of a certified copy are identical to the filed originalb. The original was executedc. The original was deliveredd. All of the above

24-12. The foundation for admission of statements in ancient documents must include:

a. That it affects an interest in propertyb. That the document is thirty years old and has been in normal custodyc. That there is a lack of suspicion of untrustworthinessd. All of the above

24-13. The ancient documents hearsay exception:

a. Requires public recordingb. Requires existence of thirty years or more and must affect a property interest c. Must have existed twenty years or more and have affected a property interestd. Applies only to real property

24-14. The commercial publications exception is based on the reliability of the information published because:

a. The author has a professional and financial incentive to be accurateb. They have been time-tested for accuracyc. They have been relied on in the pastd. All of the above

24-15. To rely upon the reputation of pedigree exception the reputation must exist:

a. Within a person’s family circle, the person’s associates or within the person’s community

b. Within a person’s family circle, the person’s associates or within the person’s churchc. Within a person’s business associates, the person’s family circle or with the person’s

mother-in-lawd. Within a person’s community, within the person’s church or within the person’s

union or guild

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24-16. The ancient boundaries exception mandates that:

a. The community members must have discussed the boundaryb. The reputation must have existed at least thirty years before trialc. The reputation must have gelled before the dispute arosed. All of the above

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24-17. The reputation of character exception means that evidence of reputation of character:

a. Is admissible at any time to improve the credibility of a witnessb. Provides both the relevancy and hearsay requirements for admissionc. Satisfactorily overcomes the hearsay problem to reputation testimony d. Permits one person’s opinion about another person’s character

24-18. The judgment of previous conviction exception:

a. Applies to final judgments for crimes punishable by death or imprisonment in excess of one year

b. Applies to civil judgments in excess of $10,000.00c. Excludes all misdemeanor convictionsd. Excludes any conviction based on a nolo contendere plea

24-19. The judgment as to personal or family history or boundaries exception applies:

a. To civil judgmentsb. To criminal judgmentsc. To criminal judgments or civil judgments and is not limited to the parties in

those casesd. To both civil and criminal judgments but its applicability is limited to the parties in

those cases

24-20. The CHILDREN’S STATEMENTS exception allowing statements about abuse or neglect made by a victimized child:

a. Is available only in juvenile court cases concerning the itemized issuesb. Is limited to civil actions as opposed to criminal prosecution and requires the

child be available as a witness if age 13 or over at the time of the hearingc. Requires corroboration of the hearsay statement by other evidenced. Cannot be limited by TRE 403

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Rule 804, 804(a), 804 (b) – 804 (b)(4), Rule 805, and Rule 806

25-1. The five hearsay exceptions in TRE 804(b) which require a showing that the declarant is unavailable to testify in court are:

a. Former testimony, dying declarations, declarations against interest, reputation of pedigree, and forfeiture by wrongdoing

b. Former testimony, dying declarations, declarations of pedigree, and forfeiture by wrongdoing

c. Former testimony, dying declarations, declarations against interest, declarations of pedigree, and forfeiture by wrongdoing

d. Dying declarations, declarations of pedigree, declarations against interest, and forfeiture by wrongdoing

25-2. The term “unavailable” refers to a witness who:

a. Is not physically able to testifyb. Is not physically able to be present in courtc. Asserts a privileged. All of the above

25-3. Examples of privileges which will render the witness unavailable include:

a. Attorney/client, spousal, physician/patientb. Attorney/client, spousal, self-incrimination c. Self-incrimination, attorney/client, physician/patientd. All of the above

25-4. If the proponent of a hearsay statement imposes a privilege:

a. The TRE 804(a) exception is available to the proponentb. The TRE 804(a) exception is not available to the proponent c. The TRE 804(a) exception may not be available to the proponentd. The TRE 804(a) exception is not available without corroboration

25-5. If a declarant is in the courtroom and is seated in the witness box, the witness:

a. Is available unless a privilege is claimedb. Is unavailable unless willing to testify c. Is available if under a judicial order to testifyd. Is available if under a threat of sanctions for contempt

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25-6. A witness who is willing to testify about some subjects but not about the subject matter of the declarant’s statement is:

a. Deemed unavailable with regard to the subject matter of the declarant’s statement

b. Deemed unavailable about the subject matter of the declarant’s statementc. Deemed unavailable with regard to any subject matterd. Deemed available with regard to all subject matters

25-7. To be deemed unavailable because of lack of memory:

a. The witness should be called to the stand and questioned about the subject matter covered by the witness’s own hearsay statement

b. The court may require efforts to refresh witness’s recollectionc. The witness’s hearsay statement must be corroboratedd. a and b

25-8. The determination of how sick a person must be to be unavailable:

a. Is made by the witness’s physicianb. Is made by the witness’s spousec. Is made by the court d. Requires a continuance or an alteration in the order of proof

25-9. In order for a witness to be unavailable because of the inability to serve process:

a. The proponent of the evidence must have attempted service b. The opponent of the proof must have attempted servicec. The return “not to be found in this county” must be notarizedd. a and c

25-10. The inability to subpoena may result from:

a. The declarant being out-of-stateb. The declarant not being foundc. The declarant being a lawyerd. All of the above

25-11. Deponents are unavailable:

a. If the witness is at a greater distance than 100 miles from the place of trial or hearingb. If the witness is at a greater distance than 200 miles from the place of trial or hearingc. Unless it appears that the absence of the witness was procured by the party offering

the depositiond. a and c

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25-12. In criminal cases:

a. A witness’s testimony by telephone meets the requirements of the confrontation clause

b. A witness’s testimony by video tape meets the requirements of the confrontation clause

c. A witness within or without the state may be taken into custody and required to appear

d. None of the above

25-13. Former testimony may be admissible as an exception to the hearsay rule in the form of:

a. A depositionb. Testimony recorded during a prior trial or hearingc. Testimony of a witness who heard prior testimony under oathd. All of the above

25-14. The three basic elements necessary to establish the former testimony exception to the hearsay rule are:

a. Witness now unavailable, prior testimony was under oath and party against whom used had opportunity to interrogate the witness

b. Witness now unavailable, prior testimony was under oath and party against whom used had both an opportunity and precisely the same motive to develop the testimony

c. Witness now unavailable, testimony in prior hearing or deposition and party against whom the testimony is now offered had both an opportunity and a similar motive to develop testimony by direct, cross or re-direct examination

d. Witness now unavailable, testimony under oath in a prior hearing or deposition and the presence of a different party with a motive to examine similar to the motive of the party against whom it is now used

25-15. If the civil procedure and evidence rules are in conflict:

a. All four corners of both rules must be taken into considerationb. 804(b)(1) is superceded by 32.01(3)c. 804(b)(1) is the less severe ruled. b and c

25-16. The DYING DECLARATIONS exception to the hearsay rule is applicable in cases involving:

a. Wrongful death claimsb. Witnesses on their deathbedsc. Criminal homicide trials d. Will contests

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25-17. The DYING DECLARATIONS exception to the hearsay rule requires:

a. The deceased must have believed that death was imminentb. The death did occurc. The statement must have concerned the cause or circumstances of deathd. All of the above

25-18. The prevalent underlying theory of the DYING DECLARATIONS exception to the hearsay rule is that:

a. The witness is dead and the information can come from no other sourceb. A person knowingly facing imminent death will not assume the monumental risk of

dying with a lie on ones lipsc. This exception can be used only by the prosecutiond. a and b

25-19. The DECLARATIONS AGAINST INTEREST exception to the hearsay rule:

a. May be used any time it is relevantb. Applies whether the declarant is a party or a witnessc. May be used by either the prosecution or the defense in a criminal cased. All of the above

25-20. Unlike an admission, a statement against interest:

a. Is only admissible if the declarant is unavailableb. Requires the declarant to have first-hand knowledge of the facts declaredc. Applies only in criminal casesd. a and b

25-21. The interests covered by TRE 804(b)(3) concerning declarations against interest do not include:

a. Pecuniary interestsb. Criminal liabilityc. Domestic interests d. a and b

25-22. The DECLARATIONS AGAINST INTEREST exception to the hearsay rule:

a. Specifically requires that the declarant knew that the statement was harmfulb. Inherently requires that the declarant knew the statement was harmful c. Does not require that the declarant knew that the statement was harmfuld. Allows admission of non-self-inculpatory statements if they are made within a broader

narrative that is generally self-inculpatory

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25-23. The DECLARATIONS OF PEDIGREE exception to the hearsay rule:

a. Requires that the declarant must have made the statement before the controversy aroseb. Includes ancestry, birth, adoption, marriage, divorce, legitimacy, relationship by blood,

adoption or marriage or another person’s deathc. Requires personal knowledge of the other person’s pedigreed. All of the above

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25-24. TRE 805 permits multiple hearsay to be introduced:

a. Only in criminal cases involving the death penaltyb. If there is a hearsay exception for each hearsay statement c. In civil cases only if corroboratedd. None of the above

25-25. Multiple hearsay is permissible:

a. If there is a hearsay exception for each hearsay statementb. Under the business records Rule 803(6)c. Under the public records Rule 803(8)d. All of the above

25-26. If a hearsay declarant’s statement is admitted as substantive evidence, the opposing party:

a. Should have the same right to impeach the declarant’s credibility as exists with a live witness

b. Cannot impeach the declarant’s credibilityc. Can subpoena the declarant and ask leading questions about the extra-judicial

statement as if under cross-examinationd. a and c

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Rules 901 – 903

26-1. Demonstrative, physical and sometimes oral evidence is only admissible if it is:

a. Authenticated or identified b. Notarizedc. Certifiedd. The original rather than a copy

26-2. Authentication requires:

a. That the judge make a preliminary determination whether there is evidence “sufficient to support a finding of the fulfillment” of whatever condition is necessary to make the item relevant

b. The trier of fact makes the ultimate decision of whether the item is actually what it purports to be

c. Little consideration of relevanced. a and b

26-3. Any writing:

a. Is evidence because the writing itself is the witnessb. Must be supported by proper foundation unless excepted c. May never be admitted as evidence without proper foundationd. Requires no authentication

26-4. The final arbiter of identification and authentication issues is:

a. The juryb. The court c. The clerk and masterd. The expert witness

26-5. TRE 901(a) provides the general standard, evidence is authenticated or identified:

a. If a majority of the parties agree in a multi-party caseb. If there is evidence sufficient to the court to support a finding by the trier of fact

that the matter in question is what its proponent claimsc. If the information was written in a family Bible over twenty years agod. If such a supply is in such general use as to permit most anyone to recognize the item

26-6. There are basically three categories of evidence that are addressed by TRE 901:

a. Written or documentary evidence, real evidence and illustrative evidence b. Real evidence, illustrative evidence and certified evidencec. Illustrative evidence, written or documentary evidence and public record evidenced. Written or documentary evidence, real evidence and business records evidence

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26-7. If an object is not unique, to be admissible it must be shown that:

a. A chain of custody has been maintainedb. There has been continuous possession of the itemc. There has been no substantial change in its conditiond. All of the above

26-8. Handwriting or a signature on a document can be authenticated:

a. By a witness who personally observed the signing or writing of the document even if the person had no familiarity with the writer’s handwriting

b. By a witness who did not actually observe the signing and is not an expert in the field of handwriting but who has substantial familiarity with the typical handwriting of the purported writer

c. Only if the familiarity of the handwriting was not obtained for the purpose of litigationd. By a only or by both b and c

26-9. A writing or object may be identified or authenticated through a comparison of the item in question to a genuine authenticated example:

a. If made by an expertb. If made by the trier of fact without the assistance of an expertc. If made by a non-expert witness who had substantial familiarity with the typical

handwriting of the purported writerd. a or b

26-10. Unlike an expert, a non-expert opinion on handwriting:

a. Cannot be made by making comparisons to genuine samples of the person’s writingb. Cannot be made by studying and using the same procedures as expertsc. Cannot be made by obtaining additional familiarity with the writing for the purpose of

testifying in the litigationd. All of the above

26-11. In Amburn v. State, the court held that a handwriting expert could testify, as a result of comparing a disputed sample with known specimens, not only that a document was a forgery:

a. Also as to the date of the forgery based upon an analysis of the inkb. Also as to the identity of the forger c. Also as to the excited state of the forger based upon the exaggerated style of the writingd. None of the above

26-12. In addition to handwriting, TRE 901(b)(3) permits comparisons of such items as fingerprints, ballistics, blood, fiber samples, typewriting, tread marks and shoe prints:a. By an expertb. By the courtc. By the trier of factd. All of the above

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26-13. Evidence can be authenticated or identified by distinctive characteristics taken in conjunction with other circumstances such as:

a. Appearance, contents and substanceb. Appearance, substance and internal patternsc. Other distinctive characteristics and surrounding circumstancesd. All of the above

26-14. The reply doctrine as a form of authentication means:

a. There is a presumption that there has been a reply to both oral and written communication

b. That a letter received within a reasonable period of time referring to an original letter is deemed, by circumstantial evidence, to be from the addressee of the first letter

c. That a document or item of evidence which contains characteristics or information known only to a particular individual to be from that individual

d. b and c

26-15. Rule 901(b)(5) regarding voice identification tracks the same requirements for handwriting identification except:

a. The voice identification non-expert may base his or her opinion on a familiarity gained solely to enable the witness to make an in-court identification

b. The non-expert witness for voice identification may use audio or video tapes to gain familiarity

c. The non-expert for voice identification must successfully pass audio testingd. a and b

26-16. If the non-expert witness has, at the time of testifying, adequate familiarity with the speaker’s voice, he or she may testify after hearing the voice:

a. Firsthandb. Through a telephonec. Through an answering machine or other recording or electronic transmissiond. All of the above

26-17. Identification of the source of a telephone call can be made:

a. If the voice of the caller can be identifiedb. Even if the exact identity of the caller is unknownc. If the identity of the caller was unknown but the caller was clearly associated with a

person involved in the cased. Either a or c

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26-18. A telephone conversation can be authenticated by proving:

a. The number called was the number assigned to the individual by the telephone company

b. The number reached was the number dialedc. A call was placed to an individual at his or her telephone number and that one claiming

to be that individual answered the calld. Both a and b or c alone

26-19. A telephone call to a business can be authenticated by proving:

a. The call was made to a number assigned by the telephone company to that particular place of business

b. The conversation itself involved business matters reasonably transacted over a telephone

c. Both a and b d. None of the above

26-20. Unless a writing is self-authenticating pursuant to Rule 9.02, testimony must be presented by an individual with personal knowledge by proving that:

a. The writing was recorded or filed in a public officeb. The recording or filing of the writing must be authorized by lawc. The writing is in fact from the public office where items of this nature are keptd. All of the above

26-21. To qualify as an ancient document affecting an interest in property pursuant to TRE 803(16), requires that a document have been in existence for at least:

a. Ten yearsb. Twenty years c. Twenty-five yearsd. Thirty years

26-22. In order for an ancient document to be admissible, it must be shown that:

a. There are no suspicious circumstances surrounding the condition of the documentb. There was no tampering or modification of the documentc. The document was kept in appropriate and reliable custodyd. All of the above

26-23. TRE 901(b)(8) providing for a method of authentication of ancient documents:

a. Deals only with ancient documents affecting an interest in propertyb. Deals with documents and data compilations in any form c. Eliminates hearsay and any other considerations which might otherwise bar the

evidenced. Applies only to certified or notarized documents

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26-24. The authentication provisions of the Tennessee Rules of Evidence:

a. Do not supersede authentication or identification methods prescribed by Tennessee or Federal statutes

b. Do not supersede the Tennessee Supreme Court Rulesc. Do not supersede the Tennessee Rules of Civil Procedure and Rules of Criminal

Procedure which may provide additional methods of authenticating evidenced. All of the above

26-25. Tangible or “real” evidence may be introduced:

a. By identification by a witnessb. By the presentation of an unbroken chain of custodyc. By either a or b d. By both a and b

26-26. To prove chain of custody:

a. Testimony from the last person to have custody is required to verify the authenticity of the evidence and to show that it is what it purports to be

b. Testimony from each person who has had custody or control of the evidence is needed to verify the authenticity of the evidence and to show that it is what it purports to be

c. Testimony from an independent witness who has investigated each “link” is required to verify the authenticity of the evidence and show that it is what it purports to be

d. Testimony from the official keeper of the records of the custody is required to verify

26-27. With regard to each “link” in the chain, testimony is required about:

a. When, where and how possession or control of the evidence was obtained and its condition upon receipt

b. Where the item was kept, how it was safeguarded and any changes in its condition during possession

c. When, where and how it left the witness’s possessiond. All of the above

26-28. Cases involving chain of custody issues:

a. Are always criminal dealing with evidence used to convict the defendantb. Are usually criminal but may be civil c. Are usually civil but may be criminald. Many times are will contests

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26-29. The time period for chain of custody:

a. Depends on whether the case is civil or criminalb. Must always be shown from the time initially related to the cause of action until the time

of trialc. Must be shown from the time initially related to the cause of action until scientific

analysis or other expert examination if only the expert’s opinion and testing results are admitted into evidence

d. Always requires the item or sample itself to be within the chain of custody until the trial

26-30. The proof needed to establish the chain of custody:

a. Varies according to the type of evidenceb. Varies according to the other facts in the casec. Must meet a reasonableness standardd. All of the above

26-31. The standards used in determining that the chain of custody is sufficiently intact:

a. Permit the court to give broad discretion in determining whether the chain of custody rule has been satisfied

b. Require sufficient proof to satisfy the court that appropriate safeguards were taken, substantial demonstration of the chain is sufficient

c. Require proof that the evidence was handled according to normal procedures and that there is no indicia of tampering with the evidence is generally adequate

d. All of the above

26-32. TRE 902 SELF-AUTHENTICATION:

a. Is virtually identical with the equivalent Federal ruleb. Does not preclude the admission of proof that disputes be self-authenticating evidence

nor is it the equivalent of a stipulation or judicial noticec. Lessens the authentication burden for eleven classes of evidence requiring no other

proof than reference to the evidence itselfd. All of the above

26-33. If evidence does not satisfy TRE 902 and is therefore not self-authenticating:

a. The typical foundation requirements cannot be omitted b. The evidence cannot be admitted even if it complies with the general principal of

establishing that the evidence is what it is purported to bec. A corroborating witness is requiredd. The typical foundation requirements can be omitted

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26-34. A TRE 902 document to be admissible must bear an attesting or executing signature and the seal of:

a. The State of Tennessee or the United Statesb. Any other state, territory or political subdivisionc. Any public office or agencyd. Any of the above

26-35. Even though the official who signed a domestic public document did not attach a seal to it, the fact that another officer did so and verified the signing officer’s capacity and signature:

a. Is sufficient indicia of reliability to justify admission of the document b. May be sufficient indicia of reliability to justify admission of the documentc. Is not sufficient indicia of reliability to justify admission of the documentd. Is of no significance whatever

26-36. For a foreign public document to be admissible:

a. It must have been purportedly executed or attested by a person authorized to do so by the laws of the foreign country

b. There must always be a “final certification” by various American and foreign diplomatic officials

c. In addition to “a” it may be ordered by the court, for good cause shown, that the document be treated as presumptively authentic without final certification if all parties have had a reasonable opportunity to investigate the accuracy and authenticity of the foreign official document at issue

d. In addition to “a” it may be ordered by the court, for good cause shown, that the document be treated as presumptively authentic without final certification if the defendant has had a reasonable opportunity to investigate the accuracy and authenticity of the foreign official document at issue

26-37. Under TRE 902(4), a copy of an official record or report, whether or not filed in a public office, is self-authenticating:

a. If properly certifiedb. If under sealc. If the chain of custody requirement is metd. a and b

26-38. Any document that is authorized to be and is actually filed in a public office is deemed self-authenticating:

a. If properly certified as correct by the custodian or other person authorized to issue a certification

b. If under sealc. If the chain of custody requirement is metd. a and b

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26-39. Self-authenticating documents under Rule 902 do not include:

a. Official publications such as books and pamphlets issued by a public authorityb. Newspapers and periodicalsc. Chain letters d. Trade inscriptions

26-40. TRE 902 concerning self-authentication:

a. Precludes other hurdles to admissibility such as hearsay and unfair prejudiceb. Merely does away with the burden of bringing in the foundation of testimony

necessary to authenticate the evidencec. Is applicable only in civil casesd. Is applicable only in criminal cases

26-41. Other documents which are self-authenticating under Rule 902 include:

a. Acknowledged documentsb. Insurance policiesc. Insurance policies only when required by contractd. a and c

Page 46: TN RULES of Evidence Multiple Choice

26-42. Any signature, document or other item is presumed to be self-authenticating:

a. If the procedure outlined in the applicable Tennessee statute is satisfiedb. If the procedure outlined in the applicable Federal statute is satisfiedc. either a or b d. both a and b

26-43. A subscribing or attesting witness testimony:

a. Generally is not requiredb. May be required by statutec. May be required to rebut claim of forgeryd. All of the above

Page 47: TN RULES of Evidence Multiple Choice

Rules 1004 – 1008

27-1. At common law, the best evidence rule actually applied only in certain situations where:

a. The terms of a writing were a collateral issueb. The terms of a writing were a controlling issue c. The terms of a writing were either a controlling or collateral issued. The terms of the writing involved hearsay

27-2. The best evidence rule has evolved at common law to what is now more accurately called:

a. The best writing ruleb. The original writing rule c. The collateral writing ruled. The controlling issue writing rule

27-3. The best evidence or original writing rule can be summarized as follows:

a. In proving the terms of a writing, where the terms are material, the original writing must be produced unless it is shown to be unavailable for some reason other than the serious fault of the proponent

b. In proving the terms of a writing, the original writing must be produced unless it is shown to be unavailable for some reason other than the serious fault of the proponent

c. In proving the terms of a writing, where the terms are material, the original writing must be produced unless it is shown to be unavailable for some valid reason

d. In proving the terms of a writing, where the terms are material, the original writing must be produced unless it is shown to be unavailable for some reason other than the serious fault of either party

27-4. The original writing rule:

a. Recognizes that the exact content of writings and the like is often of critical importance to the modern world

b. Operates to minimize inaccuracies caused by an intentional or accidental misrepresentation of the contents of various items

c. Avoids risks that occur when a hand-copied document or oral statement of the content of that document is admitted into evidence to prove the contents of that document

d. All of the above

27-5. The original writing or original document rule is ordinarily required to prove the content of:

a. A writingb. A recordingc. A photographd. All of the above

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27-6. Many physical objects are not covered by the best evidence rule:

a. Unless the object was the subject of a writingb. Unless a previous writing describes the objectc. Unless a writing on the object is to be proven d. None of the above

27-7. “Writings and recordings” now cover:

a. Letters, words, numbers, sounds, or their equivalentb. Objects of artc. Almost every conceivable method of recording informationd. a and c

27-8. TRE 1001(2) includes as photographs not only still photos, but also:

a. X-rays, video tapes and motion pictures b. X-rated video tapes and motion picturesc. X-rays, video tapes and motion pictures if introduced by an expertd. Video tapes and motion pictures

27-9. The term “original”:

a. Refers to the item whose contents are at issue and is to be provedb. Refers to the first in a series of documentsc. With regard to a writing, is defined by Rule 1001(3) in several waysd. a and c

27-10. An original can also be:

a. A duplicate originalb. A counterpart originalc. A carbon originald. All of the above

27-11. An “original”:

a. Of a computer printout must have been made reasonably near the time of the composition

b. Of a computer printout may be made at any time c. Of a computer printout must be on paperd. Screen image does not qualify as an “original” for evidence purposes

27-12. The definition of “duplicate”:

a. Does not include a manual copy, which was subsequently produced whether handwritten or typed

b. Does not include a photocopyc. Does not include copies produced from the same impressiond. Does not include mechanically or electronically re-recorded copies

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27-13. For the best evidence rule to be applicable:

a. The content of an item of evidence must be at issue b. Whether the item exists must be at issuec. Whether the item was executed must be at issued. All of the above

27-14. A duplicate is admissible to the same extent as an original:

a. Unless the original is availableb. Unless a genuine question is raised as to the authenticity of the original c. Unless an objection is raised by other counseld. All of the above

27-15. As a foundation for admissibility of a duplicate under TRE 1003:

a. The proponent must establish that the item satisfies the definition of a duplicate in Rule 1001(4)

b. The proponent must establish that the copy accurately reproduces the original itemc. The proponent must lay a foundation proving the authenticity of the originald. All of the above

27-16. According to TRE 1004, evidence other than an original or a duplicate is admissible:

a. If the original is lost or destroyed, the original is not obtainable through judicial process, the original is in control of opponent and notice is given

b. If the original is lost or destroyed, the original is not obtainable except by treaty to obtain a copy of a foreign document, the original is in control of opponent and notice is given

c. If the original is lost or destroyed, the original is not obtainable through judicial process in the county where suit was brought and the original is in control of the opponent

d. If the original is lost or destroyed, the original is not obtainable through judicial process, the original is in control of opponent, whether or not notice was given to the opponent

27-17. The best evidence rule is inapplicable if the writing, recording or photograph:

a. Is closely related to a controlling issueb. Is not closely related to a controlling issue c. Cannot be accurately duplicatedd. Is to be used in a capital case

27-18. If counsel elects not to produce the original of a public record, TRE 1005 permits:

a. Authentication by a certified copy under Rule 902(4)b. Authentication by a witness who personally compared the copy with the original and

can testify that the two are identicalc. Secondary evidence if no other copy of a public record were availabled. All of the above

Page 50: TN RULES of Evidence Multiple Choice

27-19. In order to make it easier for the trier of fact to understand voluminous or complex proof, counsel may present a judge or jury with a summary of evidence presented in the case in the form of:

a. A written or oral conclusionb. A chart, table, map or calculationc. Video tape or photographyd. All of the above

27-20. The summary itself may be used:

a. As substantive evidenceb. As a pedagogical tool that assists the jury in understanding and organizing other

evidencec. If the jury is instructed on the proper, limited use of summaries presented as a

pedagogical toold. All of the above

27-21. In order to be admissible, a summary used as substantive evidence will require a foundation witness to establish that:a. The original evidence is voluminous and the summary is sufficiently accurate in

representing the original evidenceb. The underlying records have been made available to the adverse partyc. The underlying original documents would themselves be admissible, if not actually

admittedd. All of the above

27-22. TRE 1006:

a. Permits summaries only of writings as substantive evidenceb. Permits summaries of writings, recordings and photographs as substantive

evidencec. Mandates pre-trial notice of the use of summariesd. a and c

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27-23. No original need be produced or its absence explained to prove the content of a writing, recording or photograph:

a. Through the testimony or deposition of a party against whom it is offeredb. Through the written unsworn and unsigned admission of the adverse partyc. Through the written signed admission of the adverse party onlyd. a and b

27-24. An oral admission may dispense with the original writing rule:

a. Under Rule 1004 when secondary proof is presented in some cases b. Under Rule 1007 at any timec. Under Rule 1006 as a part of an oral summaryd. None of the above

27-25. TRE 1008:

a. Is a special application of the concepts set out in TRE 104b. Provides that the judge alone resolves questions about technical satisfaction of

the best evidence rulec. Provides that the trier of fact decides issues that directly affect the factual basis

of the controversyd. All of the above


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