CONSTRUCTION

Question 1

§ 2 - Liberal Construction

How should the court construe the Evidence Code?

Answer 1

The court should liberally construe the Evidence Code.

Thus, the common law rule of strict statutory construction does not apply.

Question 2

§ 2 - Liberal Construction: Goal

Why should the court liberally construe the Evidence Code?

Answer 2

The goal of liberal construction is to:
1. Effect the Code’s objective; and
2. Promote justice.

Question 3

§ 4 - Application of Provisions

Answer 3

These provisions of construction apply unless another provision or the context requires otherwise.

Question 4

§ 8 - Tenses

Answer 4

The present tense includes the past and future; the future includes the present.

Question 5

§ 11 - Instructive Words

Answer 5

“Shall” is mandatory and “may” is permissive.

Question 6

§ 12 - Commencement of Trial

When does trial commence?

Answer 6

Trial commences when the court:
1. Swears in the first witness; or
2. Admits the first exhibit into evidence.