Evidence-Wellborn SU2006 Outline

When limiting evidence is completely excluded such

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: acy, its pendency, whether the party against whom the statement is offered was a member, and whether the statement was made in furtherance of it, are for the court. 104(b) Curious exception to 104(a)...when preliminary questions of fact are not to be determined by the judge: Relevancy conditioned on fact: If the preliminary fact is one bearing solely on the relevancy of the evidence as opposed to a technical rule (like hearsay), then the judge does not determine the preliminary fact up or down on the merits, the jury in effect gets it...and the judge just performs her usual role with jury questions, deciding whether there is evidence upon which a reasonable jury could find the fact. o So the condition is met under b) even if the judge disbelieves the fact, so long as the judge believes a reasonable jury could get that fact to determine.. Most common example of a situation of "conditional relevancy" is authentication or identification. The authentication of a document or an item of real evidence requires evidence sufficient to s...
View Full Document

Ask a homework question - tutors are online