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Unformatted text preview: of fact.
Scope and purpose of Rule 104: Admissibility of evidence often turns upon an issue of fact. Rule 104 sets forth the respective roles of the judge and the jury in deciding preliminary questions. Ex: If a hearsay statement is offered as a dying declaration, the admissibility of the statement depends on whether it was made while the declarant believed his death was imminent. Ex: Lawyer-client privilege Was the statement made confidentially and for the purpose of obtaining legal services from an attorney? Questions of admissibility are generally to be decided by the judge, not the jury! (104(a)) Ex: Faced with a proffer of expert scientific testimony, the trial judge must determine at the outset, pursuant to Rule 104(a), whether: The expert is proposing to testify to scientific knowledge Whether the testimony will assist the trier of fact to understand or determine a fact in issue. Ex: When an out-of-court statement is offered as a coconspirator statement under Rule 801(e)(2)(E), the issues of the existence of a conspir...
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