TN Bar Practice Questions - Tennessee Bar Examination Exam

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At trial, a lay witness testifies that the defendant 'seemed drunk' based on the witness's personal observations of slurred speech and stumbling. Is this lay opinion admissible under FRE 701?

No, only expert witnesses may give opinions Yes, a lay opinion is admissible if rationally based on the witness's perception and helpful to the jury No, because intoxication requires a blood test Yes, but only if the witness is a medical professional

Correct Answer:

Yes, a lay opinion is admissible if rationally based on the witness's perception and helpful to the jury

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