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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: a. Is the same as the Federal rule regarding lay testimony concerning opinion or inference b. Is more restrictive than the Federal rule regarding lay witness testimony concerning lay witness opinion and inference testimony c. Is more expansive than the Federal rule by permitting a witness to testify about the value of the witness’s own property or services d. a and c
In order to testify about a person’s mental condition or sanity, a lay witness: a. b. c. d. Need only have had a brief opportunity to observe someone May need more than a brief opportunity to observe someone Must have had sufficient knowledge on which to express a reliable opinion Must be based on an evaluation of the person’s usual activities and personal interactions
A lay opinion as to insanity: a. b. c. d. Requires a factual foundation Does not require a factual foundation Requires knowledge of reputation in the community Is limited to the rules regarding character witnesses
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 community b. 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 mediation d. All of the above
In order for lay testimony to be admissible regarding physical condition, the witness must be: a. b. c. d. Able to testify without relying upon medical expertise Able to testify on matters that the ordinary individual is capable of evaluating Unable to testify without expressing an opinion a and b
A lay witness may testify with proper foundation: a. b. c. d. That a person was drunk or insane That a substance appeared to be blood About an obvious cause of death 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. b. c. d. By the owner By a lessee By a bailee All of the above
20-11. Expert witnesses usually are: a. The fact witness, such as the treating physician who observed the plaintiff’s injury b. The fact witness who also has opinion testimony, such as the treating physician who projects necessary future treatment and permanent disability c. The expert who has no personal knowledge of the facts but has an opinion regarding the technical aspect of the issue d. 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. b. c. d. Will substantially assist the trier of fact to understand the evidence Will substantially assist the trier of fact to determine a fact in issue Will substantially assist the trier of fact to evaluate the character of a party a and b
20-13. The word “substantially” in TRE 702 demonstrates an intent to implement: a. b. c. d. A more lenient standard than is contained in the Federal rule A more stringent standard than is contained in the Federal rule The same standard that is contained in the Federal rule 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 issue d. 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 statute b. May not testify about the legislature’s intent in passing the laws sometime in the past c. May construe a law previously enacted if they have expertise and experience with a piece of legislation d. May testify about oral or written statements that are part of the legislative history of a law
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 offered b. Is usually required to be from the immediate physical area where the testimony is offered c. Except in medical and legal malpractice cases, need not be from the immediate physical area where the testimony is offered d. 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. b. c. d. The court is given broad discretion The court is given narrow discretion The court must meet a specific standard set out by the rules The court may not consider a stipulation by the parties
20-19. The form and method of interrogation of expert witnesses: a. b. c. d. Is the same as for lay witnesses Is different than for lay witnesses Requires hypothecation Is determined by common law
20-20. In Tennessee an expert’s opinions: a. Are conclusive b. Are advisory in character c. Should be given only such weight as the trier of fact deems appropriate in light of the facts in evidence d. b and c 20-21. An expert’s testimony on a contested issue: a. b. c. d. Must be absolute Must be conclusive Must substantially assist the trier of fact Must leave no reasonable doubt about the issue with the trier of fact
20-22. Pursuant to TRE 703, an expert may base his or her opinion: a. b. c. d. On information from a number of sources On facts that would not be admissible in court On facts of a type other similar experts reasonably rely upon All of the above
20-23. An expert witness may base his or her testimony: a. b. c. d. On facts or data perceived by the expert at or before the hearing On facts or data made known to the expert at or before the hearing On facts or data that are not admissible into evidence, but are reliable All of the above
20-24. If an expert bases an opinion on evidence that is not independently admissible, the trial judge should: a. b. c. d. Prohibit the jury from hearing the foundation of the testimony Deliver a cautionary instruction to the jury Give the other party time to secure a rebuttal expert witness a and b
20-25. There are several limits on the type of data available to an expert, such as: a. b. c. d. The data must be of a type reasonably relied upon by experts in the particular field The data cannot be from an untrustworthy source Data can be excluded by Rule 403 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. b. c. d. An expert witness A lay witness A lay or expert witness with some limitations 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
a and b . Places severe limits on a Tennessee trial judge’s capacity to appoint an expert to testify as the court’s witness c. Have the expert give the conclusion without giving the underlying data on direct examination d. Bars hypothetical questions of experts b. the court should appoint an expert witness only: a. Have the expert on direct examination state the information upon which the conclusion is based c.20-28. When the court is dissatisfied with the proof presented by the party b. The judge’s expert will be given more credence by the trier of fact than the party’s expert d. Restricts the judge’s capacity to select a court-appointed witness not approved by the parties d. Use a learned treatise instead of an expert 20-30. d. c. Use the hypothetical question approach b. b. TRE 706 clearly rejects the Federal approach and: a. Is not required by TRE 705 Is required by TRE 705 Works in conjunction with the provisions of TRE 703 a and c 20-31. All of the above 20-33. b and c 20-32. Alters the traditional role of the American judge as a neutral referee and substitutes the role of the judge as investigator c. In a non-jury trial. When the expert’s fees will be substantial in proportion to the amount at issue c. Does not require hypothetical questions of experts c. TRE 705. Possibly the best option to present expert opinion testimony is to: a. The use of a court-appointed expert removes an element of control from the lawyers b. Permits unlimited discretion to appoint experts to testify as the court’s witness b. Disclosure of independently inadmissible evidence relied upon in expert opinion: a. Permits an expert opinion or inference on direct examination without disclosing the facts underlying the opinion or inference d. b and c 20-29. TRE 706 has restricted court-appointed experts because: a. based on FRE 705: a. When the proof does not otherwise adequately support the conclusion desired by the court d.
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 appoint additional expert witnesses and select the one to be used . The trial judge being responsible for selecting its court-appointed experts: a. c. Must advise only the court of the witness’s findings Must withhold from the court the witness’s findings Must not give interviews about findings to the media Must advise the parties of the witness’s findings 20-37. b. d. If a court-appointed expert’s opinion is to be used in the hearing: a. d. d. b. According to TRE 706 the process of appointing an expert by the court should be by: a. b. c. TRE 706: a. Issuance of a fiat Issuance of a show cause order Issuance of a mitimus Oral proclamation in open court 20-35. The expert must give testimony under oath The expert must submit to a lie detector test if requested by either party The expert’s report may be admitted by affidavit The written report submitted to the parties prior to trial is admissible by either party 20-38. 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.20-34. Should delay in advising counsel of the appointment prior to trial Should permit counsel to participate in the expert selection in most situations Must appoint an expert agreed to by the parties Should not rely upon its own knowledge of the personal characteristics and qualities of the expert 20-36. Unlike FRE 706. b. Prior to testifying at trial. d. the court-appointed expert: a. Gives the court the discretion to inform the jury that the expert witness was appointed by the court c. c.
A hearsay exception often exists when one or more of the four hearsay risks: a. In the Anglo American legal system. b. b. By definition. memory. c. c. Sincerity. b. b. View the demeanor of the declarant Hear cross examination of the declarant Subject the declarant to an oath Judge the declarant’s credibility 21-4. The primary concern is that the trier of fact will not be able to: a. memory and perception Sincerity. Of the rule developed from old Roman law It would complicate and lengthen testimony It is unreliable Modern communication permits the deposition of essentially any witness 21-2. d. Hearsay evidence may suffer from four inadequacies which concern: a.Rule 801 – Introduction to Hearsay 21-1. b. d. d. c. perception and character Character. c. d. hearsay evidence has traditionally been excluded because: a. Claim asserted Allegation asserted Accusation asserted Matter asserted 21-3. ambiguity. sincerity and perception 21-5. memory. ambiguity. c. d. Is waived by counsel Is nonexistent or minimal Is resolved by affidavit Becomes stale . hearsay involves an out-of-court statement used in court to prove the truth of the in the out-of-court statement: a. memory and character Ambiguity.
c.21-6. c. Anyone A declarant A witness A minor 21-9. d. b. A casual observation A question An intentional communication A directive 21-11. b. b. d. c. d. For the purpose of influencing the outcome of the trial For the purpose of influencing the listener For the purpose of communicating information All of the above . A statement is defined as an assertion which is: a. d. c. d. d. c. Hearsay involves an out-of-court statement by: a. b. To provide the trier of fact with critical information To keep the trial moving at a reasonable pace To hold down costs To keep counsel from constantly objecting 21-8. The key concept is that to be hearsay the statement must have been made: a. Possibly even if only one risk is satisfied If two risks are satisfied If three of the more important risks are satisfied Only if all four risks are satisfied 21-7. c. Anything said outside of the courtroom An assertion which is an intentional communication A verbal communication made outside of the courtroom A written communication made outside of the courtroom 21-10. Hearsay may be admissible: a. b. b. A statement is defined as: a. An important reason that hearsay is frequently admitted is that the evidence is needed: a.
b. If the hearsay is written and the writing is introduced into evidence: a. Oral Written Nonverbal All of the above 21-13. c. May be the same person as the declarant May be a different person than the declarant Is the person who is in court and relates the declarant’s statement to the trier of fact All of the above 21-16. d. c. b. c. b. d. c. d. b. d. the witness may be: a. b. c. d. Makes a gesture Makes a sign Maintains silence All of the above 21-14 A declarant is a person who: a. A witness: a. d. A writing A video or audio tape A person testifying All of the above . Makes a statement Asks a question Performs nonverbal conduct intended as an assertion a&c 21-15. c. A hearsay statement can be: a. A nonverbal statement may occur if a person: a.21-12. In a hearsay situation. A jury instruction will correct the error The writing itself serves as the witness It must be notarized b&c 21-17. b.
c. b. b. What is the matter asserted and when was it asserted What is the matter asserted and what is the evidence used to prove What is the matter verbally asserted and what is the evidence used to prove What is the matter nonverbally asserted and what is the evidence used to prove 21-21. In order to determine when a declarant’s credibility is at issue. Must establish that the testimony is questionable Must show that the testimony might confuse or mislead the trier of fact Must demonstrate that the evidence involves an intentional communication Must evince that the information involved is not important to the case 21-23. b. c. d.21-18. c. d. If the declarant’s credibility is irrelevant because it does not matter whether declarant is telling the truth: a. b. An out-of-court statement means that the declarant’s statement was made: a. b. d. c. The burden of establishing that evidence is hearsay means that the objecting party: a. Is the information needed Is the declarant’s credibility at issue Is there a question about what had taken place Is the declarant’s character at issue 21-20. While the witness was testifying in the case At some time other than while the witness was testifying in the case While testifying in court or in a deposition or in another case b&c 21-19. The matter asserted includes: a. d. d. 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. Matters directly expressed Matters necessarily implied A question which includes a necessary implication All of the above 21-22. two factors must be known: a. d. b. The dangers of hearsay are not present The statement is not viewed as hearsay Declarant’s statement is objectionable a&b . c. c.
b. c. b. d. b. c. c. Means the statement is not hearsay Means the witness may be asked what was done as a result of hearing the statement Is of no consequence unless a tacit admission None of the above . b. c. d. Which of the following does not constitute hearsay? a. d. Is hearsay under TRE 801 if the declaration expressly states the declarant’s mental state Is allowed under the mental state hearsay exception Is nonhearsay if offered for the underlying implied assertion All of the above 21-28. A declaration offered to prove the speaker’s or writer’s mental state: a. b. A statement offered to prove its falsity: a. d. It was offered to prove the effect on the hearer or reader It was offered to prove the matter asserted It was a question even if it included a necessary implication None of the above 21-27. b. d. Is not hearsay Is a hearsay exception Has no probative value Is not material 21-25.21-24. d. c. An unintentional communication Verbal acts Operative facts All of the above 21-26. An out-of-court declaration is not hearsay if: a. Which of the following statements are nonhearsay? a. The fact that the party was present when the declarant made the statement: a. A prior inconsistent statement introduced to impeach the witness A prior consistent statement introduced to rehabilitate the witness Orders and instructions All of the above 21-29. c.
b. Rule 803 (Hearsay Exeptions). b. c. Any hearsay Reliable hearsay Hearsay by parents None of the above 22-5. d. d. Rule 803 (1. c. c. Hearsay is not admissible except as provided by: a. d. TRE and local rules Statutes TRE or otherwise by law All of the above 22-2. At trial On appeal only To secure restraining orders At a preliminary examination 22-4. c. b. Hearsay can be used: a. 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. c.2). Tennessee Advisory Commission hearings: a. d. The prosecution can use hearsay documents of ownership and hearsay expert witness reports: a. b. Rule 803(2) – Utterance 22-1. b. Are required to observe TRE Are beyond the reach of the Tennessee Rules of Evidence May opt to use all or part of the rules of evidence Both b and c .1) – Prior Statement of Identification by witness.Rule 802 (Hearsay Rule). Rule 803(1. d. To establish probable cause for an arrest warrant To furnish the basis for issuance of a search warrant In any will or child abuse action Both a and b 22-3.
The Criminal Sentencing Reform Act admits: a. Prior identification and party admissions . d. c. c. The two hearsay exceptions in Rule 803 which may be used only if the declarant testifies at the hearing are: a. Of the 20 hearsay exceptions in Rule 803. Criminal and child abuse cases Criminal and wills cases Criminal and conservatorship hearings None of the above are only applicable if the declarant is 22-9. Prior identification and certain child abuse and related cases b. b. 17 of these are available: a. Hearsay exceptions listed in Rule(s) “unavailable.22-6. b. a petition for family support: a. TRE 803 TRE 803 and 804 TRE 804 TRE 804(a) only 22-10. Only if the declarant is available to testify Irrespective of the declarant’s availability to testify Even if the declarant is available and willing to testify b and c 22-11. Prior identification and recorded recollection d. Recorded recollection and certain child abuse and related cases c. Some statutory exceptions to the hearsay rule raise constitutional issues in cases concerning: a. Creates a presumption of the fact alleged c. Pursuant to intercounty support actions. b. c. Creates an exception to the hearsay rule for allegations in the petition d.” a. d. b. c. Reliable hearsay Certified copies of documents and certified records of conviction Probative hearsay with opportunity to rebut if first degree murder All of the above 22-7. d. Both a and c 22-8. Is admissible to prove the fact it alleges b. d.
Is substantive evidence which may be used to bolster the credibility of the incourt identification c. Criminal cases where the victim views a sketch. Prior identification witnesses: a. The witness may not be available at the time of the trial d. c. a and b 22-13. its primary weakness is: a. d. Identification of a person Identification of a person made only after perceiving the person Declarant must testify at the trial and be subject to cross-examination b and c . d. Criminal cases where the victim views a lineup or attends a hearing and identifies the defendant as the one who committed the crime c. d. or photographic display and identifies the defendant as the one who committed the crime b. Prior identification testimony: a. The hearsay exception for prior identification contains the following element(s): a. c. Must testify at trial and must be available for cross-examination Must testify at trial and cross-examination must take place Must only be available to testify at trial and for cross-examination Must be available for cross-examination upon motion by defendant 22-15. b. There is a need for the prior identification hearsay exception because: a. c. Is not substantive evidence but may be used to bolster the credibility of the in-court identification b.22-12. May be admissible only if the witness’s credibility has been attacked d. May not be used if the identification was not made under oath 22-14. 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. The witness may pretend to not be able to identify the accused in the courtroom c. The prior identification exception refers to: a. b. b. There was no cross-examination at the prior identification The witness may have been suffering shock at the prior identification The witness may have been influenced by the investigating officers a and c 22-16. While the advantage of prior identification testimony is that the ID was made earlier and may be more accurate than in-court testimony. A witness may not be able to identify the accused in the courtroom b. a and b 22-17.
A statement by an agent or servant. Applicable only in civil cases d. d. A prior consistent statement: a. Applicable only in criminal cases 22-22. d. 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 and a statement made by a spouse d. c. A statement by one party introduced by another party and used against the first party b. A statement by one party (or someone else’s statement Rule 803(1. The party’s own statement. b. c. Rule 803(1. Is hearsay Is not substantive evidence Is a hearsay exception All of the above 22-20. A prior consistent statement may be used: a. a co-conspirator or a person in privity of estate with the party c. The six varieties of a hearsay exception for admission of a party opponent are: a.2)(A) provides that: a. To rehabilitate a witness who testified incorrectly c. Any assertion that a party spoke may be used against that party as an admission Any assertion that a party wrote may be used against that party as an admission Any assertion that a party did may be used against that party as an admission All of the above . The six varieties of admissions of a party opponent share the following common features: a. a and b 22-21. To impeach a hostile witness 22-19.2) permits to be viewed at that party’s statement) introduced by another party and used against the first party c. The party’s own statement.22-18. To rehabilitate a witness attacked through impeachment for fabrication of trial testimony d. b. To enhance credibility of a weak witness b.
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. b. The representative must be acting in a representative capacity at the time the statement is made b.22-23. An authorized admission An authorized statement A mistake An authorized declaration . b. It is not necessary that the representative be acting in a representative capacity when the statement was made. An adoptive admission occurs: a. d. For a statement made in a representative capacity: a. as long as the statement was pertinent to that capacity d. c. d. b. d. When the party has manifested an adoption or belief in its truth When a statement of truthfulness was made in jest When a statement of truthfulness was made in order to deceive a third person Even though the party expressly disavows or disagrees with the statement 22-26. c. It is not necessary that the representative be acting in a representative capacity when the statement was made c. b. c. Although the Tennessee hearsay exception concerning a party’s own statement differs conceptually from the Federal rule. it: a. Is simple and absolute Has many particular applications Is complex and easily misunderstood A and B 22-24. A statement by a person authorized by the party to make a statement concerning the subject is best referred to as: a. An adoptive admission: a. May be implied by action taken May be an express statement of the party May be by silence or implication All of the above 22-27. d. c.
d. It must have been against the declarant’s interest to make the statement d. The courts will admit against a party: a. c. the question of admissibility of a conspirator’s statement: a. a party’s statement: a. All of the above 22-32. The subject matter must be within the scope of the agency or employment b. Are admissible against the party as an admission without exception Are admissible against the party as an admission subject to specific parameters Are not admissible against the party as an admission Are not admissible against the party as an admission unless in writing 22-30. a and b d. Is for the judge to decide based upon beyond a reasonable doubt d. Is for the trial judge to decide if the elements are established by a preponderance of the evidence b. All of the above 22-31. Is for the jury to decide based upon a reasonable doubt . A statement by a co-conspirator of a party made after the conclusion of the conspiracy b. Is for the jury to decide based upon the preponderance of the evidence c. The statement must be made during the existence of the agency or employment relationship c. To be an authorized admission. Requires proof of authority from a source other than the agent’s extrajudicial statement itself b. b. None of the above 22-29.22-28. A statement of a party during the course of an conspiracy in an attempt to discontinue the conspiracy d. A party’s agents’ or employees’ statements: a. Does not require that the agent’s statement be communicated to an outsider c. According to federal case law. In order for agents’ and employees’ admissions to be admissible against the principal: a. A statement by a co-conspirator of a party during the course of and in furtherance of the conspiracy c.
Any of the above 22-36. Admissions by persons in privity of estate with party means: a. Are conclusive admissions if the request is answered Are conclusive admissions even if there is no answer to the request Are evidentiary only if the request is not answered a and b . b. d. b. b. d. c. Answers to civil procedure Rule 36 request for admission: a. The present exception covers interrogatory answers. non-sworn non-judicial admissions: a. c. Are conclusive but may be rebutted Are conclusive and may not be rebutted Are evidentiary but can be rebutted Are evidentiary but cannot be rebutted 22-35. c. The statement may be made in sworn discovery answers c. To be admissible as an evidentiary admission: a. as opposed to Federal Rules. deposition answers. b. Under Tennessee Rules. c.22-33. The statement must be made under oath at trial b. Are conclusive but may be rebutted Are conclusive and may not be rebutted Are evidentiary but can be rebutted Are evidentiary but cannot be rebutted 22-34. Ancestors in estate to the current owner A contractual relationship The person is privy or has access to certain information The subject is not limited to real or personal property 22-34.1 Under Tennessee Rules. earlier testimony by a party in today’s trial d. d. as opposed to Federal Rules. sworn judicial admissions: a. d.
TRE 803(2) requires that for a statement to qualify as an excited utterance: a. 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.22-37. The present sense impression exception which is recognized under the Federal rules c. b. The present sense impression exception which is recognized in Tennessee b. Is conclusive on the issue of whether the document is what it is purported to be and admits the document into evidence b. 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. d. Is usable only in the lawsuit where requested d. TRE 803(25) contains a limited exception for out-of-court declarations: a. b and c . The statement must have been made in the presence of a third party 22-39. b and c 22-38. The present sense impression exception which is not recognized under the Tennessee rules d. The utterance must have been heard by a party not an agent or representative d. The statement must have been made within 24 hours of an exciting event b. An utterance must have been made while the declarant was under stress caused by an excited event or condition c. c. Of decedents in will contests Of children in certain child sex abuse cases Of agents and representatives of persons making excited utterances Of victims in capital murder cases 22-40. The admission of the genuineness of a document: a.
Rule 803 (4). an exception admitting declarations of existing mental state to prove present mental condition: a. Might include assertions of fact other than the mental state to the extent it sheds light on his state of mind d. d. Declarations of present mental state: a. b.Rule 803(3). 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. Is substantially different that the Federal rule 23-3. c. Rule 803 (6). TRE 803(3). Generally are not admissible to prove anyone’s past conduct Are usually admissible as some proof of the declarant’s past conduct Are generally admissible to prove a third party’s past conduct 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 . May be used together with relevance principles to prove consistent contemporaneous or future conduct c. Does not offer many opportunities for placing competent hearsay before the jury 23-2. May be used to prove that a third party acted in accordance with the declarant=s mental state 23-4. and Rule 803(7) 23-1. Permits included assertions about a fact other than the mental state c. May be used together with relevance principles to prove only consistent contemporaneous conduct d. 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. the state of mind hearsay exception: a. Requires that the declarant be unavailable to testify b. TRE 803(3). Specifically allows declarations of existing mental state to prove future or past mental state b. TRE 803(3). Cannot be used to prove consistent contemporaneous conduct b. the state of mind hearsay exception: a. Rule 803 (5).
d. c. b. TRE 803(3). c. b.23-5. For purposes of medical diagnosis For purposes of medical treatment For purposes of medical diagnosis and treatment None of the above . A statement made by a declarant that. TRE 803(4) provides a hearsay exception for statements made: a. d. d. c. TRE 803(3)’s state of mind hearsay exception: a. b and c 23-7.”: a. Is admissible under TRE 803(3) Is partially admissible under TRE 803(3) Is fully admissible under TRE 803(4) b and c 23-9. “my leg hurts because a dog bit me. 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. state of mind hearsay exception: a. d. b. Makes uncommunicated threats competent Stops short of making uncommunicated threats competent Makes uncommunicated threats competent if combined with some act Admits such uncommunicated threats only to prove apprehension of the hearer 23-6. An admissible declaration of an existing physical condition under TRE 803(3) may include a statement given: a. c. Specifically states that a declarant’s state of mind may be used to prove present or future conduct b. b. To declarant’s doctor in his office during a physical examination In a serious conversation with the declarant’s spouse In a casual gossip session among friends All of the above 23-8. Does not permit statements of mental condition amounting to memory or belief to prove the declarant’s consistent past conduct c.
including the general character of the cause or external cause of the symptoms c.23-10. Hearsay statements excepted by Rule 803(3): a. The expert witness may be permitted to repeat them to help the trier of fact evaluate the expert’s testimony c. Are limited to declarations of present symptoms. Include declarations of present pain even if not made for medical diagnosis and treatment c. Are always admissible under TRE 804(4) Are admissible under TRE 803(4) only if pertinent to diagnosis and treatment May include the identification of the perpetrator only in a child abuse case b&c 23-12. Under TRE 803(4). The statements made by a declarant admissible under TRE 703 and 705 are not substantive evidence d. c. Hearsay exceptions about the cause of the symptoms even if not pertinent to diagnosis and treatment d. including past or present symptoms. statements for purposes of medical diagnosis and treatment qualify for admission as: a. Are limited to statements made by the person whose health is described in the statement b. Include statements by health professionals to the patient 23-13. Include statements about the cause of a condition or about past medical history d. Statements of causation made to a treating physician: a. Medical history. Medical history. d. All of the above . b. Hearsay statements excepted by Rule 803(4): a. a and b 23-14. pain and sensations b. Do not include statements made to non-physicians even if made for the purpose of medical diagnosis and treatment d. Include statements about another person’s health c. pain or sensation b. The expert witness may be permitted to repeat them under Rules 703 and 705 b. a and b 23-11. If a patient’s statements are not covered by TRE 803(3) or TRE 803(4): a.
A non-hearsay. Does not involve hearsay and the writing used to restore the witness’s memory may be admitted 23-17. Past recollection recorded may be used: a. c. To admit the contents of a document as substantive evidence. Involves hearsay. If the document was made or adopted while fresh in the witness’s memory b. All of the above . The past recollection recorded exception can be successfully used: a. d. successfully restores the witness’s memory and the witness testifies from present memory c. Present recollection refreshed: a. but not the document itself d. a hearsay exception and a writing previously made or adopted by the witness b. A record of regularly conducted activity 23-16. a hearsay exception and allows the witness to read the writing into evidence but the writing itself is not admissible d. The past recollection recorded hearsay exception may apply: a. If the document accurately reflects witness’s knowledge c. To a memorandum or record To any document To an oral statement a and b 23-18. A hearsay statement. b. a hearsay exception but does not allow the writing used to refresh the witness’s memory to be admitted c.23-15. Involves hearsay. Even if the witness remembers some of the events but cannot testify fully and accurately c. Past recollection recorded involves: a. Does not involve hearsay and a writing may be used to restore the witness’s memory but may not itself be admitted d. a hearsay exception and allows the writing used to refresh the witness’s memory to be admitted b. Only if the witness experiences total lack of memory b. A hearsay statement. b and c 23-19. Unless the document was recently made or adopted d.
A business duty of a majority of the declarants is necessary for admission of the record in its entirety d. The “business duty” requirement of 803(6): a. Accident reports: a. if the source of information is unknown 23-24. The record must have been “kept in the course of a regularly conducted business activity” c. The term “business records” as dealt with in TRE 803(6) means: a. c. profit or non-profit Government and private activities if legal 23-22. With multiple declarants. All of the above. d. but not an extraordinary report prepared for an irregular purpose such as litigation . A business duty of all of the declarants is necessary for admission of the record in its entirety c. b. A business duty of any one declarant will result in admission of the record in its entirety b. The “business duty” requirement is waived. In order to have sufficient indicia of trustworthiness to qualify as a business record under Rule 803(6): a. c. b. d. Records of “for profit” endeavors whether incorporated or unincorporated Non-profit activities if properly registered with the IRS Every kind of business institution. b. which is often the case with business records: a. c. Is quite explicit Is vague and difficult to apply Is infrequently applied by the courts Produces a different result than the Federal Rule which does not contain a “business duty” requirement 23-23. d. The record may include an investigative accident report compiled by a business as a routine matter d.23-20. The record must have been made in the “regular practice” of that business activity b. Are a good example of a document used for past recollection recorded Are specifically excluded as evidence by statute Are admissible if the officer on the stand can satisfy the foundation requirements May not be used to refresh present recollection 23-21. of course.
The trustworthiness caveat of TRE 803(6): a. Focuses on the declarant who furnished the information and the preparation stage c. condition. condition.23-25. act. a and c 23-29. Leaves the trial judge with considerable discretion on this issue and objecting counsel with a formidable burden of proof d. Include acts. b. c. conditions. opinion or diagnosis contained in the record d. opinion or diagnosis contained in the record c. TRE 803(6) exception permits a business record to: a. b. TRE 803(6) may be used in combination with other hearsay exceptions TRE 803(6) is exclusive and may not be combined with other hearsay exceptions Other hearsay exceptions are limited to non-employee declarants None of the above . reports and written statements Does not include computer print-outs as a “data compilation” Applies to written or unrecorded oral statements a and c 23-28. A memorandum must have been made within 72 hours of the event. A memorandum must have been made within a reasonable time of the event. Prevents irresponsible use of “the facts” as truth in a business record b. opinion or diagnosis contained in the record b. TRE 803(6): a. A memorandum must have been made at or near the time of the event. d. Includes records. c. Include acts. All of the above 23-27. act. a and c 23-26. d. act. opinions or diagnoses b. When business records are used in court: a. conditions. Include normal business transactions. TRE Rule 803(6) mandates that to be admissible as regularly conducted activity: a. condition. such as sales or service calls d. opinions or diagnoses other than the content of medical and hospital records c.
Include the information in a report if it has come from a declarant observing and reporting pursuant to duty imposed by law b. Both exceptions should be used in case one fails 24-4. The public records and reports exception to the hearsay rule requires records..Rule 803 (8) through Rule 803 (25) 24-1. d. b. All public records are considered trustworthy Untrustworthy public records can be excluded Public records are not limited to only records open to the public b and c 24-3. c. The public records exception should be used because of its less detailed requirements b.Rule 803 continued . Under TRE 803(8): a. In situations where the business records exception and the public records exception are available: a. reports. d. c. The public records exception includes: a. b. statements or data compilations in any form: a. Matters observed pursuant to duty imposed by law: a. Include police reports in both civil and criminal cases c. Both exceptions should be used because together a much greater foundation is allowed d. Public records containing information from sources outside the agency Factual findings from official investigations Even multiple hearsay None of the above . c. The business records exception should be used because the public records exception applies to only records open to the public c. Include certified copies of court convictions d. b. a and c 24-5.. d. To set forth the activities of the office or agency To set forth matters observed and reported pursuant to a legal duty Both a or b Either a and b 24-2.
It must be used to prove a marriage or other ceremony or a sacrament d. 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 be made by a member of the clergy. marriage. The theoretical basis for the hearsay exception for marriage. All of the facts contained in the record c. That a birth. Its limited scope As a vehicle for proving that all statements in property documents are true As conclusive proof of the relationship of the parties signing the document All of the above . It must purport to have been issued at the time of the act or within a reasonable time thereafter c. baptismal and similar certificates are: a. c. The family records exception: a. For a certificate to be admissible under TRE 803(12): a.24-6. c. The religious origins and the timely completion by public officials b. a and c 24-7. All of the above 24-9. b. All of the above 24-8. Under the records of vital statistics exception the record from the public office is admissible to prove: a. d. There may be no other source for the information c. divorce or death occurred b. The most important aspect of the records of documents affecting an interest in property exception is: a. d. A certificate memorializing the event may be kept as a part of the family’s written history d. Only some of the information in the records because of untrustworthiness or by statute d. b. Strictly imposes a personal knowledge requirement Requires the application of TRE 602 May be applied without personal knowledge of the source of the information Provides a hearsay exception for a very limited variety of fact statements contained in family records 24-10.
d. the person’s associates or within the person’s church c. the person’s family circle or with the person’s mother-in-law d. b. b. d. Within a person’s community. Requires public recording Requires existence of thirty years or more and must affect a property interest Must have existed twenty years or more and have affected a property interest Applies only to real property 24-14. d. The commercial publications exception is based on the reliability of the information published because: a. c. b. c. c. TRE 803(14) permits the admission of a recorded deed. The contents of a certified copy are identical to the filed original The original was executed The original was delivered All of the above 24-12. The ancient documents hearsay exception: a. within the person’s church or within the person’s union or guild . d. financing statement or other property instrument only to prove: a. the person’s associates or within the person’s community b. Within a person’s family circle. c. Within a person’s business associates. Within a person’s family circle. The foundation for admission of statements in ancient documents must include: a. To rely upon the reputation of pedigree exception the reputation must exist: a. b. The author has a professional and financial incentive to be accurate They have been time-tested for accuracy They have been relied on in the past All of the above 24-15.24-11. That it affects an interest in property That the document is thirty years old and has been in normal custody That there is a lack of suspicion of untrustworthiness All of the above 24-13.
b.24-16. d. The ancient boundaries exception mandates that: a. The community members must have discussed the boundary The reputation must have existed at least thirty years before trial The reputation must have gelled before the dispute arose All of the above . c.
Excludes any conviction based on a nolo contendere plea 24-19. 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 hearing c. To both civil and criminal judgments but its applicability is limited to the parties in those cases 24-20. d. Excludes all misdemeanor convictions d. Requires corroboration of the hearsay statement by other evidence d. Is available only in juvenile court cases concerning the itemized issues b. Applies to civil judgments in excess of $10. b. The judgment as to personal or family history or boundaries exception applies: a. The reputation of character exception means that evidence of reputation of character: a.24-17. To criminal judgments c.000. Is admissible at any time to improve the credibility of a witness Provides both the relevancy and hearsay requirements for admission Satisfactorily overcomes the hearsay problem to reputation testimony Permits one person’s opinion about another person’s character 24-18. Applies to final judgments for crimes punishable by death or imprisonment in excess of one year b. The CHILDREN’S STATEMENTS exception allowing statements about abuse or neglect made by a victimized child: a. To civil judgments b. Cannot be limited by TRE 403 . c. The judgment of previous conviction exception: a. To criminal judgments or civil judgments and is not limited to the parties in those cases d.00 c.
and forfeiture by wrongdoing d. c. dying declarations. declarations against interest. the witness: a. physician/patient Attorney/client. and forfeiture by wrongdoing c. d. Dying declarations. The TRE 804(a) exception is available to the proponent The TRE 804(a) exception is not available to the proponent The TRE 804(a) exception may not be available to the proponent The TRE 804(a) exception is not available without corroboration 25-5. physician/patient All of the above 25-4. b. self-incrimination Self-incrimination. Is not physically able to testify Is not physically able to be present in court Asserts a privilege All of the above 25-3. d. If the proponent of a hearsay statement imposes a privilege: a. Former testimony. If a declarant is in the courtroom and is seated in the witness box. declarations against interest. attorney/client. c. declarations of pedigree. and Rule 806 25-1.Rule 804. b. and forfeiture by wrongdoing b. d. b. and forfeiture by wrongdoing 25-2. Former testimony. spousal. spousal. d. The term “unavailable” refers to a witness who: a. c. Is available unless a privilege is claimed Is unavailable unless willing to testify Is available if under a judicial order to testify Is available if under a threat of sanctions for contempt . reputation of pedigree. b. 804 (b) – 804 (b)(4). declarations of pedigree. Former testimony. dying declarations. declarations against interest. 804(a). dying declarations. Attorney/client. The five hearsay exceptions in TRE 804(b) which require a showing that the declarant is unavailable to testify in court are: a. Rule 805. c. Examples of privileges which will render the witness unavailable include: a. declarations of pedigree.
The inability to subpoena may result from: a. To be deemed unavailable because of lack of memory: a. Is made by the witness’s physician Is made by the witness’s spouse Is made by the court 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 declarant being out-of-state The declarant not being found The declarant being a lawyer All of the above 25-11. c. Deemed unavailable about the subject matter of the declarant’s statement c. Deemed available with regard to all subject matters 25-7. Deemed unavailable with regard to the subject matter of the declarant’s statement b. A witness who is willing to testify about some subjects but not about the subject matter of the declarant’s statement is: a. The witness should be called to the stand and questioned about the subject matter covered by the witness’s own hearsay statement b. Unless it appears that the absence of the witness was procured by the party offering the deposition d. The court may require efforts to refresh witness’s recollection c. d. The witness’s hearsay statement must be corroborated d. a and b 25-8. b. b. If the witness is at a greater distance than 100 miles from the place of trial or hearing b. Deponents are unavailable: a.25-6. a and c . d. d. If the witness is at a greater distance than 200 miles from the place of trial or hearing c. c. The proponent of the evidence must have attempted service The opponent of the proof must have attempted service The return “not to be found in this county” must be notarized a and c 25-10. b. The determination of how sick a person must be to be unavailable: a. Deemed unavailable with regard to any subject matter d. c.
25-12. d. A witness’s testimony by telephone meets the requirements of the confrontation clause b. Witness now unavailable. Wrongful death claims Witnesses on their deathbeds Criminal homicide trials Will contests . prior testimony was under oath and party against whom used had both an opportunity and precisely the same motive to develop the testimony c. prior testimony was under oath and party against whom used had opportunity to interrogate the witness b. b. A witness’s testimony by video tape meets the requirements of the confrontation clause c. d. 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. All four corners of both rules must be taken into consideration 804(b)(1) is superceded by 32. d. c.01(3) 804(b)(1) is the less severe rule b and c 25-16. If the civil procedure and evidence rules are in conflict: a. Witness now unavailable. b. Former testimony may be admissible as an exception to the hearsay rule in the form of: a. A deposition Testimony recorded during a prior trial or hearing Testimony of a witness who heard prior testimony under oath All of the above 25-14. b. In criminal cases: a. 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. Witness now unavailable. cross or re-direct examination d. None of the above 25-13. c. A witness within or without the state may be taken into custody and required to appear d. Witness now unavailable. c. The DYING DECLARATIONS exception to the hearsay rule is applicable in cases involving: a. The three basic elements necessary to establish the former testimony exception to the hearsay rule are: a.
A person knowingly facing imminent death will not assume the monumental risk of dying with a lie on ones lips c. The witness is dead and the information can come from no other source b. Criminal liability c. d. Is only admissible if the declarant is unavailable Requires the declarant to have first-hand knowledge of the facts declared Applies only in criminal cases a and b 25-21. This exception can be used only by the prosecution d. b. Domestic interests d. c. Pecuniary interests b. d. Specifically requires that the declarant knew that the statement was harmful Inherently requires that the declarant knew the statement was harmful Does not require that the declarant knew that the statement was harmful Allows admission of non-self-inculpatory statements if they are made within a broader narrative that is generally self-inculpatory . a and b 25-19. Unlike an admission. The deceased must have believed that death was imminent The death did occur The statement must have concerned the cause or circumstances of death All of the above 25-18. a and b 25-22. c. a statement against interest: a. c. The prevalent underlying theory of the DYING DECLARATIONS exception to the hearsay rule is that: a. b. The DECLARATIONS AGAINST INTEREST exception to the hearsay rule: a. d.25-17. d. The interests covered by TRE 804(b)(3) concerning declarations against interest do not include: a. The DECLARATIONS AGAINST INTEREST exception to the hearsay rule: a. May be used any time it is relevant Applies whether the declarant is a party or a witness May be used by either the prosecution or the defense in a criminal case All of the above 25-20. b. The DYING DECLARATIONS exception to the hearsay rule requires: a. c. b.
Includes ancestry. legitimacy. birth. Requires personal knowledge of the other person’s pedigree d. The DECLARATIONS OF PEDIGREE exception to the hearsay rule: a. marriage.25-23. adoption. relationship by blood. Requires that the declarant must have made the statement before the controversy arose b. divorce. All of the above . adoption or marriage or another person’s death c.
c. Should have the same right to impeach the declarant’s credibility as exists with a live witness b.25-24. Multiple hearsay is permissible: a. the opposing party: a. b. If a hearsay declarant’s statement is admitted as substantive evidence. d. TRE 805 permits multiple hearsay to be introduced: a. a and c . Cannot impeach the declarant’s credibility c. d. b. Can subpoena the declarant and ask leading questions about the extra-judicial statement as if under cross-examination d. If there is a hearsay exception for each hearsay statement Under the business records Rule 803(6) Under the public records Rule 803(8) All of the above 25-26. c. Only in criminal cases involving the death penalty If there is a hearsay exception for each hearsay statement In civil cases only if corroborated None of the above 25-25.
real evidence and illustrative evidence Real evidence. c. evidence is authenticated or identified: a. b. b. Demonstrative. The jury The court The clerk and master The expert witness 26-5. The final arbiter of identification and authentication issues is: a. d. TRE 901(a) provides the general standard. If the information was written in a family Bible over twenty years ago d. c. c. There are basically three categories of evidence that are addressed by TRE 901: a.Rules 901 – 903 26-1. Any writing: a. b. Is evidence because the writing itself is the witness Must be supported by proper foundation unless excepted May never be admitted as evidence without proper foundation Requires no authentication 26-4. d. real evidence and business records evidence . Little consideration of relevance d. b. written or documentary evidence and public record evidence Written or documentary evidence. c. If a majority of the parties agree in a multi-party case b. 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 claims c. Written or documentary evidence. The trier of fact makes the ultimate decision of whether the item is actually what it purports to be c. Authenticated or identified Notarized Certified The original rather than a copy Authentication requires: a. a and b 26-3. If such a supply is in such general use as to permit most anyone to recognize the item 26-6. physical and sometimes oral evidence is only admissible if it is: a. d. illustrative evidence and certified evidence Illustrative evidence. 26-2. 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. d.
Cannot be made by making comparisons to genuine samples of the person’s writing b. Handwriting or a signature on a document can be authenticated: a. the court held that a handwriting expert could testify. In addition to handwriting. 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. b. By the trier of fact d. In Amburn v. b. State. A chain of custody has been maintained There has been continuous possession of the item There has been no substantial change in its condition All of the above 26-8. If made by a non-expert witness who had substantial familiarity with the typical handwriting of the purported writer d. as a result of comparing a disputed sample with known specimens. Also as to the date of the forgery based upon an analysis of the ink Also as to the identity of the forger Also as to the excited state of the forger based upon the exaggerated style of the writing None of the above 26-12. Unlike an expert.26-7. By the court c. ballistics. d. c. d. fiber samples. not only that a document was a forgery: a. 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 expert b. to be admissible it must be shown that: a. If an object is not unique. By a only or by both b and c 26-9. a or b 26-10. By an expert b. tread marks and shoe prints: a. typewriting. All of the above 26-11. blood. TRE 901(b)(3) permits comparisons of such items as fingerprints. Cannot be made by obtaining additional familiarity with the writing for the purpose of testifying in the litigation d. All of the above . If made by the trier of fact without the assistance of an expert c. c. Cannot be made by studying and using the same procedures as experts c. Only if the familiarity of the handwriting was not obtained for the purpose of litigation d. a non-expert opinion on handwriting: a. 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.
substance and internal patterns Other distinctive characteristics and surrounding circumstances All of the above 26-14. by circumstantial evidence. If the voice of the caller can be identified b. Identification of the source of a telephone call can be made: a. contents and substance Appearance. d. That a document or item of evidence which contains characteristics or information known only to a particular individual to be from that individual d. The non-expert for voice identification must successfully pass audio testing d. c. 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.26-13. The non-expert witness for voice identification may use audio or video tapes to gain familiarity c. Even if the exact identity of the caller is unknown c. If the identity of the caller was unknown but the caller was clearly associated with a person involved in the case d. c. Rule 901(b)(5) regarding voice identification tracks the same requirements for handwriting identification except: a. If the non-expert witness has. at the time of testifying. Firsthand Through a telephone Through an answering machine or other recording or electronic transmission All of the above 26-17. a and b 26-16. b. d. Appearance. to be from the addressee of the first letter c. adequate familiarity with the speaker’s voice. That a letter received within a reasonable period of time referring to an original letter is deemed. he or she may testify after hearing the voice: a. b and c 26-15. Evidence can be authenticated or identified by distinctive characteristics taken in conjunction with other circumstances such as: a. There is a presumption that there has been a reply to both oral and written communication b. b. The reply doctrine as a form of authentication means: a. Either a or c .
it must be shown that: a. Applies only to certified or notarized documents . Eliminates hearsay and any other considerations which might otherwise bar the evidence d. requires that a document have been in existence for at least: a. b. Unless a writing is self-authenticating pursuant to Rule 9. c. d. None of the above 26-20. To qualify as an ancient document affecting an interest in property pursuant to TRE 803(16). The writing was recorded or filed in a public office The recording or filing of the writing must be authorized by law The writing is in fact from the public office where items of this nature are kept All of the above 26-21. c. In order for an ancient document to be admissible. Deals with documents and data compilations in any form c. d. c. d. A call was placed to an individual at his or her telephone number and that one claiming to be that individual answered the call d. Ten years Twenty years Twenty-five years Thirty years 26-22. A telephone conversation can be authenticated by proving: a. The number reached was the number dialed c. Deals only with ancient documents affecting an interest in property b. b. b. There are no suspicious circumstances surrounding the condition of the document There was no tampering or modification of the document The document was kept in appropriate and reliable custody All of the above 26-23. The number called was the number assigned to the individual by the telephone company b.02. A telephone call to a business can be authenticated by proving: a.26-18. The call was made to a number assigned by the telephone company to that particular place of business b. testimony must be presented by an individual with personal knowledge by proving that: a. Both a and b d. Both a and b or c alone 26-19. TRE 901(b)(8) providing for a method of authentication of ancient documents: a. The conversation itself involved business matters reasonably transacted over a telephone c.
The authentication provisions of the Tennessee Rules of Evidence: a. b. Where the item was kept. c. All of the above 26-25. c. Do not supersede authentication or identification methods prescribed by Tennessee or Federal statutes b. To prove chain of custody: a. Are always criminal dealing with evidence used to convict the defendant Are usually criminal but may be civil Are usually civil but may be criminal Many times are will contests . With regard to each “link” in the chain. Do not supersede the Tennessee Rules of Civil Procedure and Rules of Criminal Procedure which may provide additional methods of authenticating evidence d. b. 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. how it was safeguarded and any changes in its condition during possession c. All of the above 26-28. Tangible or “real” evidence may be introduced: a. testimony is required about: a. where and how possession or control of the evidence was obtained and its condition upon receipt b. By identification by a witness By the presentation of an unbroken chain of custody By either a or b By both a and b 26-26. When. When. where and how it left the witness’s possession d. Testimony from the official keeper of the records of the custody is required to verify 26-27. Do not supersede the Tennessee Supreme Court Rules c. d. 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.26-24. Cases involving chain of custody issues: a. d.
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. Must always be shown from the time initially related to the cause of action until the time of trial c. 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. Lessens the authentication burden for eleven classes of evidence requiring no other proof than reference to the evidence itself d. The typical foundation requirements cannot be omitted b. All of the above 26-32. Require sufficient proof to satisfy the court that appropriate safeguards were taken. A corroborating witness is required d. d.26-29. The typical foundation requirements can be omitted . Varies according to the type of evidence Varies according to the other facts in the case Must meet a reasonableness standard All of the above 26-31. Depends on whether the case is civil or criminal b. Always requires the item or sample itself to be within the chain of custody until the trial 26-30. substantial demonstration of the chain is sufficient c. If evidence does not satisfy TRE 902 and is therefore not self-authenticating: a. Is virtually identical with the equivalent Federal rule b. Permit the court to give broad discretion in determining whether the chain of custody rule has been satisfied b. The proof needed to establish the chain of custody: a. c. The evidence cannot be admitted even if it complies with the general principal of establishing that the evidence is what it is purported to be c. All of the above 26-33. b. The time period for chain of custody: a. Does not preclude the admission of proof that disputes be self-authenticating evidence nor is it the equivalent of a stipulation or judicial notice c. TRE 902 SELF-AUTHENTICATION: a. The standards used in determining that the chain of custody is sufficiently intact: a.
Even though the official who signed a domestic public document did not attach a seal to it. 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. territory or political subdivision Any public office or agency Any of the above 26-35. b. If under seal c. Under TRE 902(4). In addition to “a” it may be ordered by the court. A TRE 902 document to be admissible must bear an attesting or executing signature and the seal of: a. for good cause shown. d. c. For a foreign public document to be admissible: a. Is sufficient indicia of reliability to justify admission of the document May be sufficient indicia of reliability to justify admission of the document Is not sufficient indicia of reliability to justify admission of the document Is of no significance whatever 26-36. a copy of an official record or report. If properly certified as correct by the custodian or other person authorized to issue a certification b. It must have been purportedly executed or attested by a person authorized to do so by the laws of the foreign country b. for good cause shown. c. b. If properly certified If under seal If the chain of custody requirement is met a and b 26-38. There must always be a “final certification” by various American and foreign diplomatic officials c.26-34. Any document that is authorized to be and is actually filed in a public office is deemed selfauthenticating: a. The State of Tennessee or the United States Any other state. whether or not filed in a public office. b. c. If the chain of custody requirement is met d. d. the fact that another officer did so and verified the signing officer’s capacity and signature: a. 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. a and b . d. is self-authenticating: a.
Other documents which are self-authenticating under Rule 902 include: a.26-39. Is applicable only in criminal cases 26-41. b. Is applicable only in civil cases d. TRE 902 concerning self-authentication: a. Precludes other hurdles to admissibility such as hearsay and unfair prejudice b. c. Acknowledged documents Insurance policies Insurance policies only when required by contract a and c . Merely does away with the burden of bringing in the foundation of testimony necessary to authenticate the evidence c. Self-authenticating documents under Rule 902 do not include: a. d. d. b. c. Official publications such as books and pamphlets issued by a public authority Newspapers and periodicals Chain letters Trade inscriptions 26-40.
d. d. b. document or other item is presumed to be self-authenticating: a.26-42. Generally is not required May be required by statute May be required to rebut claim of forgery All of the above . Any signature. c. b. If the procedure outlined in the applicable Tennessee statute is satisfied If the procedure outlined in the applicable Federal statute is satisfied either a or b both a and b 26-43. A subscribing or attesting witness testimony: a. c.
c. where the terms are material. The original writing or original document rule is ordinarily required to prove the content of: a. d. d. All of the above 27-5. Recognizes that the exact content of writings and the like is often of critical importance to the modern world b. c. where the terms are material. b. 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 best evidence rule actually applied only in certain situations where: a. b. At common law. 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. The original writing rule: a. In proving the terms of a writing. The best writing rule The original writing rule The collateral writing rule The controlling issue writing rule 27-3. where the terms are material. The terms of a writing were a collateral issue The terms of a writing were a controlling issue The terms of a writing were either a controlling or collateral issue The terms of the writing involved hearsay The best evidence rule has evolved at common law to what is now more accurately called: a.Rules 1004 – 1008 27-1. b. 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. The best evidence or original writing rule can be summarized as follows: a. In proving the terms of a writing. A writing A recording A photograph All of the above . 27-2. 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. c. 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. d.
TRE 1001(2) includes as photographs not only still photos. is defined by Rule 1001(3) in several ways a and c 27-10. b. d. Many physical objects are not covered by the best evidence rule: a. b. Of a computer printout must be on paper d. words.27-6. d. c. d. Refers to the item whose contents are at issue and is to be proved Refers to the first in a series of documents With regard to a writing. c. Does not include copies produced from the same impression d. A counterpart original c. Does not include mechanically or electronically re-recorded copies . c. which was subsequently produced whether handwritten or typed b. An original can also be: a. Does not include a manual copy. “Writings and recordings” now cover: a. numbers. A duplicate original b. All of the above 27-11. An “original”: a. Does not include a photocopy c. b. video tapes and motion pictures if introduced by an expert Video tapes and motion pictures 27-9. b. or their equivalent Objects of art Almost every conceivable method of recording information a and c 27-8. c. The term “original”: a. X-rays. Of a computer printout must have been made reasonably near the time of the composition b. d. Of a computer printout may be made at any time c. A carbon original d. Unless the object was the subject of a writing Unless a previous writing describes the object Unless a writing on the object is to be proven None of the above 27-7. The definition of “duplicate”: a. sounds. Letters. video tapes and motion pictures X-rated video tapes and motion pictures X-rays. Screen image does not qualify as an “original” for evidence purposes 27-12. but also: a.
TRE 1005 permits: a. the original is not obtainable through judicial process. d. A duplicate is admissible to the same extent as an original: a. the original is not obtainable except by treaty to obtain a copy of a foreign document. The content of an item of evidence must be at issue Whether the item exists must be at issue Whether the item was executed must be at issue All of the above 27-14. If the original is lost or destroyed. For the best evidence rule to be applicable: a. evidence other than an original or a duplicate is admissible: a. the original is in control of opponent and notice is given b. The best evidence rule is inapplicable if the writing. b. d. recording or photograph: a.27-13. the original is in control of opponent. Authentication by a certified copy under Rule 902(4) b. Secondary evidence if no other copy of a public record were available d. whether or not notice was given to the opponent 27-17. c. The proponent must establish that the item satisfies the definition of a duplicate in Rule 1001(4) b. 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. c. Authentication by a witness who personally compared the copy with the original and can testify that the two are identical c. If counsel elects not to produce the original of a public record. b. All of the above . the original is not obtainable through judicial process. Unless the original is available Unless a genuine question is raised as to the authenticity of the original Unless an objection is raised by other counsel All of the above 27-15. According to TRE 1004. The proponent must establish that the copy accurately reproduces the original item c. All of the above 27-16. The proponent must lay a foundation proving the authenticity of the original d. Is closely related to a controlling issue Is not closely related to a controlling issue Cannot be accurately duplicated Is to be used in a capital case 27-18. the original is in control of opponent and notice is given c. b. If the original is lost or destroyed. As a foundation for admissibility of a duplicate under TRE 1003: a. If the original is lost or destroyed. d. c.
All of the above 27-22. The summary itself may be used: a. As substantive evidence b.27-19. limited use of summaries presented as a pedagogical tool d. Mandates pre-trial notice of the use of summaries d. The original evidence is voluminous and the summary is sufficiently accurate in representing the original evidence b. In order to be admissible. All of the above 27-21. A written or oral conclusion A chart. a summary used as substantive evidence will require a foundation witness to establish that: a. If the jury is instructed on the proper. The underlying records have been made available to the adverse party c. d. c. As a pedagogical tool that assists the jury in understanding and organizing other evidence c. The underlying original documents would themselves be admissible. TRE 1006: a. table. recordings and photographs as substantive evidence c. Permits summaries of writings. a and c . In order to make it easier for the trier of fact to understand voluminous or complex proof. map or calculation Video tape or photography All of the above 27-20. Permits summaries only of writings as substantive evidence b. if not actually admitted d. counsel may present a judge or jury with a summary of evidence presented in the case in the form of: a. b.
d. c. b. Provides that the trier of fact decides issues that directly affect the factual basis of the controversy d. TRE 1008: a. Through the testimony or deposition of a party against whom it is offered Through the written unsworn and unsigned admission of the adverse party Through the written signed admission of the adverse party only a and b 27-24. All of the above .27-23. Under Rule 1004 when secondary proof is presented in some cases Under Rule 1007 at any time Under Rule 1006 as a part of an oral summary None of the above 27-25. b. No original need be produced or its absence explained to prove the content of a writing. An oral admission may dispense with the original writing rule: a. c. Is a special application of the concepts set out in TRE 104 b. d. Provides that the judge alone resolves questions about technical satisfaction of the best evidence rule c. recording or photograph: a.
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