Procedural Considerations (Module 10)

Question 1

Preliminary Facts Decided by Jury (Evidence)

Answer 1

Jury decides certain preliminary facts as to whether the evidence is relevant at all

But screened by a judge first to see if there’s enough to conclude that a fact exists, but whether that fact exists is decided by the jury

Examples: whether evidence is authentic, whether witness has personal knowledge, etc.

Question 2

Preliminary Facts Decided by Judge (Evidence)

Answer 2

Is a witness mentally competent to testify, does a privilege exist, does evidence meet requirements of a hearsay exception

Can consider all non-privileged evidence, even if it wouldn’t be admissible at trial

An accused can testify on any preliminary matter without waiving their right against self-incrimination

Question 3

Judicial Notice of Fact

Answer 3

Court recognizes a fact as true without any evidence and is automatically admissible (i.e., it being true is not subject to rxble dispute)

Will be judicially noticeable if the fact is:
1) generally known to the people in the community where the court sits (ex. NYC is in NY state)
2) accurately/readily determinable from sources whose accuracy can’t be questioned (ex. 3/10/22 was a Tuesday)

Question 4

Judicial Notice in Civil v. Criminal Cases

Answer 4

Civil: judge instruct the jury to accept the fact as conclusive, creating an irrebuttable presumption

Criminal: judge instructs jury that the fact may, but does not have to be, accepted as conclusive; satisfies the the party’s burden of producing evidence

Question 5

Rule of Completeness (Evidence)

Answer 5

where part or all of a statement is introduced into evidence, the adverse party may require the proponent to introduce any other part/related statement into evidence that in fairness ought to be considered at the same time

can do so over a hearsay objection

Question 6

Limited Admissibility (Evidence)

Answer 6

Evidence can be admissible for one purpose but not another

Court must, upon timely request, restrict the evidence to its proper scope and instruct the jury accordingly (i.e., the limiting instruction)

Question 7

Objections (Evidence)

Answer 7

Once a party objects to admissibility/nonadmissibility of evidence, and the court rules one way or the other, the loser of that ruling can preserve their claim of error on appeal

Failure to object is deemed a waiver or any grounds for objection; if no objection is made, otherwise inadmissible evidence will be admitted