Procedural Considerations

Question 1

Burden of proof encompasses both:

Answer 1

The burden of production AND burden of pursuasion

Question 2

Jury decides on the following examples of preliminary fact issues (3):

Answer 2

Authenticity of evidence

Whether person was acting as agent

Whether witness has personal knowledge

Question 3

Judge decides on whether there is sufficient proof to support a jury finding of preliminary facts. True/false?

Answer 3

True

Question 4

Judge cannot consider inadmissible evidence when making preliminary fact determination. True/false?

Answer 4

False. Judge can consider all evidence except privileged evidence when making these fact determinations

Question 5

Jury must be excused if (3):

Answer 5

Hearing involves admissibility of confession

Criminal D testifies at hearing and requests that jury is excused

Or if justice so requires

Question 6

In a criminal case, if a presumption establishes guilt, is an element of the offense, or negates a defense, it must be proved beyond a reasonable doubt. True/false?

Answer 6

True

Question 7

Rule of completeness?

Answer 7

When part of writings are introduced, opposing party can request other parts of writing to be included for fairness