Procedural Considerations - Judge v. Jury Repsonsiblities

Question 1

What is the burden of proof in civil cases?

Answer 1

The burden of proof is by a preponderance of the evidence

Question 2

What is the burden of proof in criminal cases?

Answer 2

The burden of proof is beyond a reasonable doubt

Question 3

After all of the evidence is in, who is responsible for deciding whether the burden of proof has been met for each element of the charge, claim or defense?

Answer 3

After all the evidence is in, it is up to the jury to decide whether the burden of proof has been met for each element of the charge, claim, or defense.

Question 4

What are the preliminary facts for the jury to decide? Examples?

Answer 4

The jury decides questions of weight and credibility, which come in three forms:

1. Whether a witness has personal knowledge
2. Whether an exhibit is authentic
3. Whether the D is in fact the person who committed a bad act offered as MIMIC evidence

Question 5

What are the preliminary facts for the judge to decide? Examples?

Answer 5

The judge’s role is to ensure that there is sufficient evidence for a reasonable jury to conclude that the conditional fact is true. The judge decides questions of admissibility, for example:

1. Whether testimony is admissible
2. Whether communication is privileged
3. Whether an expert is qualified

Question 6

For preliminary facts decided by the judge, what is the burden of proof? What type of evidence may the judge consider in meeting this burden?

Answer 6

For preliminary questions of facts decided by the judge, the burden of proof is preponderance of the evidence and the judge may consider anything (i.e. the judge is not limited to admissible evidence)