Introduction

Question 1

The jury determines questions of ?

The judge determines questions of ?

Answer 1

Jury = fact
Judge = law

Question 2

Whether a piece of evidence is admitted is a question of ?

Answer 2

Law = the judge decides what is admitted

Question 3

When are preliminary hearings conducted outside the presence of a jury?

Answer 3

1) admissibility of confession (prejudicial) in a criminal trial
2) D is a witness in a criminal trial and requests it
3) Unfair prejudice to a party

Question 4

When can an evidentiary ruling be reversed on appeal?

Answer 4

1) substantial right of a party has been affected (no harmless error) and
2) Judge was notified of the mistake at trial and had a chance to correct it