Preliminary Questions Flashcards
Rule 104(a)
In General. The court must decide any preliminary questions about whether:
- a witness is qualified, a privilege exists, or
- evidence is admissible.
In so deciding, the court is not longer bound by evidence rules,
- except those on privilege.
Rule 104(b)
Relevance That Depends on a Fact. When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does exist. The court may admit the proposed evidence on the condition that the proof be introduced later.
Rule 104(c)
[[Hearing outside the earshot of the jury may be required.]]
Conditional relevance
Evidence is relevant if a factual predicate is true, but not if it is false.
“Relevance that depends on a fact.”
“[T]he key to this subset of preliminary question is the connection between a disputed factual issue and relevance: The proffered evidence is relevant only if the disputed fact is true.”
Preliminary factual issues
Factual issues that affect whether evidence is relevant.
Pursuant to 104(b), a judge asks…
“whether enough evidence exists that a reasonable jury could resolve the factual dispute in a manner that makes the evidence relevant [by a preponderance of the evidence].”
All preliminary FACTUAL issues under 104 are decided by a ________ standard.
– Cf. matters involving a question of law do not require a _________ assessment.
Preponderance.
Weakly supported facts offer more potential for _____ _____ (R. ___).
Hotly disputed facts are likely to ____ the jury or ____ the trial. (R. ___).
unfair prejudice; Rule 403
confuse; delay; Rule 403
How to determine if cleaning up oil spilled by the defendant is payment of a medical expense for the purposes of being excluded under Rule ____?
[Facts not in dispute]
409.
Judge decides as a matter of law under Rule 104(a).
How to determine if policy change is a “remedial measure” for the purposes of being excluded under Rule ____?
[Facts not in dispute]
407.
Judge decides as a matter of law under Rule 104(a).
How to determine if statements were part of a “plea discussion” for the purpose of being excluded under Rule _____ when the facts are in dispute?
410.
Judge decides by preponderance standard.
Rule ___ requires that a witness have personal knowledge of the matter on which he’s testifying.
How to determine if witness has “personal knowledge”?
602.
Jury decides after judge makes preliminary determination re whether a reasonable jury could find that fact by a preponderance of the evidence.
The 104(b) determination is called the ____ ____ determination.
prima facie.
